Loading...
HomeMy WebLinkAboutNOI 4.3.2025939 main street rte 6a yarmouth port mass 02675 April 3, 2025 FROM: down cape engineering, inc civil engineers & land surveyors TRANSMITTAL Heather Cornell hcornell@downcape.com tel. (508) 362-4541 fax (508) 362-9880 Yarmouth Conservation RE: 9 Flakeyard Lane, West Yarmouth Notice of Intent DCE#l0-246 Betron Method of Delivery: Email; In person drop off Please find attached documents to support a Notice of Intent at 9 Flakeyard Lane in West Yarmouth, including: • Administrative checklist • WP A Form 3 including fee transmittal and eDEP submittal receipt • Project narrative • Site photos • Locusmap • Abutter list • Abutter notice • Certified mail receipts • Site plan dated 3-19-2025(7) • Filing fees CC: file ~ tudute ~ t » o1ice ot J nfent ~ J nf,<punat,ion: CONSERVATION OFFICE 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. S u6.mitting an llppficatwn: _N_/A __ 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 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: Legal ad fee: Separate check made payable to "Town of Yarmouth" Separate check made payable to "Town of Yarmouth" Please list project property's street address on checks. Refer to Fee Schedule ONLINE DEP share of the fee (refer to NOi form) shall be sent to: Dept. of Environmental Protection Box 4062 Rev 12/2024 Boston, MA 02211 Yarmouth Conservation Commission • 1146 Route 28 South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 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. N/A 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 NOl@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 iierolimo@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 N/A Certified Mail Receipt for Massachusetts Natural Heritage and Endangered Species Program _N_/_A __ Certified Mail Receipt for Massachusetts Division of Marine Fisheries. If filing via email, CC bdirienzo@yarmouth.ma.us and jjerolimo@yarmouth.ma.us _N_/A __ 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 Rev 12/2024 Yarmouth Conservation Commission • 1146 Route 28 South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 Page 2 of 2 Massachusetts Department of Environmental Protection eDEP Transaction Copy Here is the file you requested for your records. To retain a copy of this file you must save and/or print. Username: DOWNCAPE Transaction ID: 1879146 Document: WPA Form 3 -NOi Size of File: 272.75K Status of Transaction: In Process Date and Time Created: 4/3/2025:8:40:05 AM 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 Resomce Protection -Wetlands WP A 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: P' Individual r Organization a. First Name c. Organization d. Mailing Address e. City/Town h. Phone Number 3.Property Owner: r more than one owner a. First Name c. Organization d. Mailing Address e. City/Town h. Phone Number 4.Representative: 9 FLAKEY ARD LANE YARMOUTH 41.64450N 20 CLIFFORD 381 TAHMORE DRIVE FAIRFIELD CLIFFORD f. State i.Fax 381 TAHMORE DRIVE FAIRFIELD f.State i.Fax c. Zip Code e. Longitude g.Parcel/Lot # b.LastName CT b. Last Name CT Provided by MassDEP: MassDEP File#: eDEP Transaction#: 1879146 City/fown:YARMOUTH 02673 70.26600W 16 BETRON g. Zip Code j. Email BETRON g. Zip Code j.Email 06825 06825 a. First Name DANIEL A b. Last Name OJALAPEPLS c. Organization d. Mailing Address DOWN CAPE ENGINEERING, INC 939ROUTE6A g. Zip Code 02675 e. City/Town h.Phone Number Y ARMOUTHPORT 508-362-4541 f. State MA i.Fax j.Email INFO@DOWNCAPE.COM 5.Total WP A Fee Paid (Automatically inserted from NOI Wetland Fee Transmittal Fotm): a.Total Fee Paid 220.00 b.State Fee Paid 97.50 c.City/fown Fee Paid 122.50 6. General Project Description: EXTENSION OF EXISTING REVETMENT WALL WITH LANDWARD RESTORATION AND RAISING OF EXISTING WOODENSTAIRWAYOVERNEWWALLELEVATION. ?a.Project Type: 1. P' Single Family Home 3. r Limited Project Driveway Crossing 5 .r Dock/Pier 2. r Residential Subdivision 4. r Cornmercial/Industtial 6. j Utilities 7. r Coastal Engineering Sttucture 8. r Agriculture ( eg., cranbenies, forestty) 9.r Transportation 10. r Other 7b.ls any po1tion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 (coastal) or 310 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 CMR 10.53 (inland)? 1. rYes J.1No If yes, desctibe which limited project applies to this project: 2. Limited Project 8.Property recorded at the Registiy of Deeds for: a.County: BARNSTABLE b.Certificate: 192596 c.Book: B. Buffer Zone & Resource Area Impacts (temporary & permanent) I .Buffer Zone & Resource Area Impacts (temporaty & permanent): Provided by MassDEP: MassDEP File#: eDEP Transaction#: 1879146 City/Town:Y ARMOUTH d.Page: 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, ifnot applicable, go to Section B.3. Coastal Resource Areas) Resource Area a.rBank b.r Borde1ing Vegetated Wetland c.r Land under Waterbodies and Wate1ways d. r Bordeting Land Subject to Flooding e. r Isolated Land Subject to Flooding fr Riverfront Area 2. Width of Riverfront Area ( check one) Size of Proposed Alteration Proposed Replacement (if any) I. linear feet 2. linear feet 1. square feet 2. square feet 1. Square feet 2. square feet 3. cubic yards dredged 1. square feet 2. square feet 3. cubic feet of flood storage lost 4. cubic feet replaced 1. square feet 2. cubic feet of flood storage lost 3. cubic feet replaced 1. Name ofWate1way (if any) r 25 ft. -Designated Densely Developed Areas only r 100 ft. -New agricultural projects only r 200 ft. -All other projects 3. Total area ofRiverfrontArea on the site of the proposed project 4. Proposed Alteration of tl1e Riverfront Area: a. total square feet b. square feet within 100 ft. c. square feet between 100 ft. and200 ft. square feet 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 5. Has an alternatives analysis been done and is it attached to this NOi? 6. Was the lot where the activity is proposed created prior to August I, 1996? Provided by MassDEP: MassDEP File#: eDEP Transaction #:1879146 City/fown:YARMOUTH rvesrNo rYesrNo 3.Coastal Resotll'ce Areas: (See 310 CMR 10.25 -10.35) Resource Area Size of Proposed Alteration Proposed Replacement (if any) a.r Designated Port Areas b. r Land Under the Ocean c. r BaiTier Beaches d. r Coastal Beaches e.r Coastal Dunes f. r Coastal Banks g.r Rocky Inte1iidal Shores h. r Salt Marshes i r Land Under Salt Ponds j.r Land Containing Shellfish k.r Fish Runs 1 P' Land Subject to Coastal Storm Flowage 4.Restoration/Enhancement r Restoration/Replacement Indicate size under Land w1der the ocean below, 1. square feet 2. cubic yards dredged Indicate size under Coastal Beaches and/or Coatstal Dunes, below 1. square feet 2. cubic yards beach nourishment 1. square feet 2. cubic yards dw1e nowishment 1. linear feet 1. square feet 1. square feet 2. sq ft restoration, rehab, crea. 1. squai·e feet 2. cubic yards dredged 1. square feet Indicate size under Coastal Banks, Inland Bank, Land Under the Oceai1, and/or inland Land Under Waterbodies and Waterways, above 1. cubic yards dredged 1120 1. squai·e feet 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. squai·e feet ofBVW 5.Projects Involves Stream Crossings r Project Involves Streams Crossings b. square feet of Salt Marsh Page 3 of 7 * ELECTRONIC COPY ---. Bureau of Resource Protection -Wetlands \ WP A Form 3 -Notice of Intent Provided by MassDEP: MassDEP File#: eDEP Transaction#: 1879146 City/fown:Y ARMOUTI-I ~ Massachusetts Department of Environmental Protection Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 If the project involves Stream Crossings, please enter the nwnber of new stream crossings/number of replacement stream crossings. a. number of new stream crossings b. nwnber of replacement stream crossings C. Other Applicable Standards and Requirements Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review 1. Is any po1tion 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 Natmal Heritage of Endangered Species program (NHESP)? a. rYes P'No If yes, include proof of mailing or hand delive1y of NOi to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife 1 Rabbit Hill Road Westborough, MA 01581 b. Date ofmap:FROM MAP VIEWER If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18) .... c. Submit Supplemental Inf01mation for Endangered Species Review* (Check boxes as they apply) 1. n Percentage/acreage of property to be altered: (a) within Wetland Resow·ce Area percentage/acreage (b) outside Resource Area percentage/acreage 2. r Assessor's Map or 1ight-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.n Project description (including description of impacts outside of wetland resource area & buffer zone) b. r Photographs representative of the site c. n MESA filing fee (fee info1mation available at: htl!)://www.mass.gov/eea/agencies/dfg/dnv/natural-he1itage/re!!lllat01y-review/mass-endangered-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. n Vegetation cover type map of site e. n Project plans showing P1i01ity & Estimated Habitat boundaries d. OR Check One of the following 1. n Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, htl!)://www.mass.gov/eea/agencies/dfg/dfw/laws-regulations/cnu-/321-cmr-1000-massachusetts-endangered-species-act.html#lO. l 4; the NOi must still be sent to NHESP if the project is within estimated habitat pmsuant to 310 CMR 10.37 and 10.59.) 2. n Separate MESA review ongoing. a. NHESP Tracking Nwnber b. Date submitted to NHESP Page 4 of 7 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: MassDEP File#: Bureau of Resource Protection -Wetlands WP A Form 3 -Notice of Intent eDEP Transaction #:1879146 City/fown:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 3. r Separate MESA review completed. Include copy ofNHESP "no Take" determination or valid Conse1vation & Management Permit with approved plan. * Some projects not in Estimated Habitat may be located in P1iority 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 nm? a.r Not applicable -project is in inland resource area only b. rYesP'No If yes, include proof of mailing or hand delivery ofNOI to either: South Shore -Cohasset to Rhode Island, and the Cape & Islands: Division of Marine Fishedes -Southeast Marine Fisheries Station Attn: Environmental Reviewer 836 S. Rodney French Blvd New Bedford, MA 02744 North Shore -Hull to New Hampshire: Division of Marine Fisheries -North Shore Office Attn: Environmental Reviewer 30 Emerson Avenue Gloucester, MA 01930 If yes, it may require a Chapter 91 license. For coastal towns in the Northeast Region, please contact MassDEP's Boston Office. For coastal towns in the Southeast Region, please contact MassDEP's Southeast Regional office. 3. Is any p01tion of the proposed project within an Area of Critical Environmental Concern (ACEC)? a.rYes P'No b.ACECName If yes, provide name of ACEC (see instrnctions to WPA Fonn 3 or DEP Website for ACEC locations). Note: electronic filers click on Website. 4. Is any p01iion of the proposed project within an area designated as an Outstanding Resource Water (ORW) as designated in the Massachusetts Smface Water Quality Standards, 314 CMR 4.00? a. rYesP'No 5. Is any p01iion of the site subject to a Wetlands Restriction Order under tl1e Inland Wetlands Restriction Act (M.G.L.c. 131, § 40A) or the Coastal Wetlands Restriction Act (M.G.L.c. 130, § 105)? a. rYesP'No 6. Is this project subject to provisions of the MassDEP St01mwater Management Standards? a. r Yes, Attach a copy of the St01mwater Report as required by the Stonnwater 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 St01mwater Management Handbook r Vol.2, Chapter 3) ~ A p01iion of the site constitutes redevelopment ~ Proprieta1y BMPs are included in the Stormwater Management System b. P' No, Explain why the project is exempt: ~ Single Fanilly Home ~ Emergency Road Repair Page 5 of 7 * ELECTRONIC COPY Provided by MassDEP: MassDEP File#: eDEP Transaction #: 1879146 City/fown:Y ARMOUTH 3. Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi-family r housing project) with no discharge to Critical Areas. D. Additional Information Applicants must include the following with this Notice oflntent (NOI), See instiuctions for details. Online Users: Attach the document transaction number (provided on your receipt page) for any of the following infonnation you submit to the Department by regular mail delive1y, 1. USGS or other map of the area (along with a narrative description, ifnecesswy) containing sufficient infonnation for the P' 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 P' [BVW] replication w·ea or other mitigating measure) relative to the boundw·ies of each affected resource area. 3. Identify the method for BVW and other resource area boundary delineations (MassDEP BVW Field Data Fmm(s). ri Dete1mination 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. P', a. Plan Title: b. Plan Prepared By: c, Plan Signed/Stamped By: e. Revised Final Date: e. Scale: SITE PLAN OF 9 FLAKEY ARD LANE DANIEL A. OJALA, MARCH 19, 2025 WEST Y ARMOUTII, P.E., P.L.S. MA 5, If there is more than one property owner, please attach a list of these property owners not listed on this fmm. 6. Attach proof of mailing for Natural Heritage w1d Endw1gered Species Program, if needed. r, 7, Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. r 8. Attach NOi Wetland Fee Transmittal Fmm. P' 9. Attach Stmmwater Report, if needed. r Page 6 of7 * ELECTRONIC COPY E. Fees 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#: eDEP Transaction #: 1879146 City!fown:YARMOUTH 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 infonnation (in addition to pages I and 2 of the NOi Wetland Fee Trunsmittal Form) to confinn fee payment: _______ J~1tJ~~~6_ __,_tf_· _3_·2-_~------2. Municipal Check Nwnbcr f}LJ/ne.J 3. Check date 4. State Check Number ff 6. Payer na1ne on check: FirS1 Nome 7. Payer name on check: Last Nnme F. Signatures and Submittal Requirements l 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, 3 IO 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, § 40. Notice must be made by Certificate of Mailing or in writing by hand delivery or certified mail (return receipt requested) to all abutters within JOO feet of the prop line oftl pr ·cct loca on. 2. Date > I I 3. Signature of Property Owner(if different) 4. Date ~4 LQ 5. Signature of Representative (if any) • 6. Date For Conservation Commission: Two copies of the completed Notice oflntent (Form 3), including supporting plans and documents, two copies of the NOi Wetland Fee Transmittal Fonn, and the city/town fee payment, to the Conservation Commission by certified mail or hw1d delivery. For MassDEP: One copy of the completed Notice of!ntent (Fonn 3), including supporting plans and documents, one copy of the NOI Wetland Fee Transmittal Form, and a copy of lhe state fee payment to the MassDEP Regional Office (see Instructions) by certified mail or hand delivery. Other: If the applicant ha~ 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 oflnt~nt. Page 7 of7 * 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. 13 I, §40 A. Applicant Information 1. Applicant: a. First Name c. Organization d. Mailing Address e. City/Town h. Phone Number 2.Property Owner:(if different) a. First Name c. Organization d. Mailing Address e. City/Town h. Phone Number 3. Project Location: a. Street Address Are you exempted from Fee? r CLIFFORD 381 TAHMORE DRIVE FAIRFIELD f. State i.Fax CLIFFORD 381 TAHMOREDRIVE FAIRFIELD f.State i.Fax 9 FLAKEY ARD LANE Note: Fee will be exempted if you are one of the following: • City/fown/County/Distiict • Municipal Housing Authotity • Indian Tribe Housing Authority • MBTA State agencies are only exempt if the fee is less than $100 B. Fees Activity Type D.) RESOURCE IMPROVEMENT; A.) WORK ON SINGLE FAMILY LOT; ADDITION, POOL,ETC.; Activity Number b.LastName CT b. Last Name CT b. City/fown Activity Fee 110.00 110.00 Provided by MassDEP: MassDEP File#: eDEP Transaction#: 1879146 City/Town:Y ARMOlITH BETRON g. Zip Code j.Email BETRON g.ZipCode j.Email YARMOlITH RF Multiplier 06825 06825 Sub Total 110.00 110.00 City/Town share of filling fee State share of filing fee Total Project Fee $122.50 $97.50 $220.00 Page 1 of 1 * ELECTRONIC COPY MassDEP's Online Filing System My eDEPIForms IMy Profile IHelplNotifications L Receipt filgnature Summary/Receipt Your submission is complete. Thank you for using DEP's online reporting system. You can select "My eDEP" to see a list of your transactions. DEP Transaction ID: 1879146 Date and Time Submitted: 4/3/2025 8:36:51 AM Other Email : Form Name: WPA Form 3 -NOi Project Location City/Town Name: YARMOUTH location: 9 FLAKEYARD LANE General Description: EXTENSION OF EXISTING REVETMENT WALL WITH LANDWARD RESTORATION AND RAISING OF EXISTING WOODEN STAIRWAY OVER NEW WALL ELEVATION. Applicant Information Name: CLIFFORD BETRON Company Address: 381 TAHMORE DRIVE, FAIRFIELD, CT, 06825 Payment Information Your fee for the state share is$: 97.50 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 10-246 Abutter notice 10-246 Betran Site Plan 3-19-25 b&w 10-246 LOCUS MAP 10-246 NOi ~ARRATIVE 10-246 SITE PHOTOS 9 Flakeyard Ln WY 20.16 Abutters MassDEP Home I Contact I Privacy Policy Username:DOWNCAPE Nickname: DCE DEP "MED Receipt 6. print receipt Exit MY. eDEP MassDEP Home I Contact I Privacy Policy J MassDEP's Online Filing System ver. 17 .15.2.0.© 2024 MassDEP NOTICE OF INTENT 9 Flakeyard Lane, West Yarmouth Project Narrative The applicant is pleased to submit a Notice of Intent application for a damaged revetment replacement, restoration/replanting of eroded areas and the lifting of an existing wooden stairway above the new wall elevation on an existing developed property. The 21,393 square foot property is currently improved with an existing single-family dwelling and free-standing garage. The site lies within a densely developed area of residences and is bordered to the south by Lewis Bay. The site is located within FEMA flood zones AE (El 12) and VE (El 13). There is a Coastal Bank which lies at the top of the existing revetment wall. All work will take place outside the 100' buffer from a BVW that lies to the north. The resource areas and associated buffers are plotted on the enclosed Site Plan by Down Cape Engineering Inc. The existing revetment is proposed to be repaired by replacing the damaged wood and concrete sections with stone similar to the existing stone face to provide additional protection for the existing dwelling. The area behind the wall is to be restored and replanted. No work will take place within Priority/Estimated Habitat of endangered species. Coastal Bank (310 CMR 10.30) A Coastal Bank exists at the top of the existing revetment wall. The Coastal Bank was delineated in accordance with the Wetlands Program Policy 92-1. The proposed revetment repair will continue landward up to elevation 6.8. The top of neighboring revetment walls to the east and west were located with elevations of 10.1 and 7.5 respectively. The top of the bank has been eroded due to storms in the past few years. That area is proposed to be replenished with sand and replanted to help stabilize the area. The revetment repair and proposed revegetation will serve to help mitigate future erosion and enhance coastal resiliency. The existing wooden steps will be raised above the proposed revetment elevation with additional steps up and down. No increase in footprint of this structure is proposed. The bank was armored years ago, so it is not a sediment source. The bank's ability to control floodwaters will not be changed by any of the proposed work. Land Subject to Coastal Storm Flowage The site is affected by a 100-year flood elevations VE EL. 13 & AE El. 12. All of the proposed work will take place within the velocity zone. Approximately 30 cubic yards of fill is proposed behind the revetment wall at a 2.5:1 slope down to existing grade. This fill will be part of the banks restoration and will be planted with American beachgrass. Compliance with the MA Wetlands Protection Act and Yarmouth Wetland Protection Regulations: The proposed construction activities will not have a deleterious effect upon any wetland values as listed in the Bylaw and Wetlands Protection Act. The proposed work will help enhance coastal resiliency and protect the site from future erosion during storm events. Part 4.10 section (b) does not allow for expansion of sea walls. It is our position that this project represents a repair of the existing wooden and concrete bulkheads and is not an expansion but if the opinion of the Commission is that this project is an expansion, a variance is hereby requested. The stated reason for no expansion is the redirection or diversion of floodwaters, but as can be seen from the plans the entire area is armored with similar or higher walls and therefore is not subject to such erosion. Since the basis for the regulation is covered a variance in this unique situation is warranted. Construction Protocol A standard backhoe will be used to transport rocks for the wall. Access will be through the existing paved driveway and along a path next to the existing dwelling. Due to the large nature of the revetment stones a backhoe will be necessary to lift and set them. A rubber wheeled machine will be used to mitigate any disturbance. SIIALFARD ~ t :1,128 20m ,o OU!NWOOO ST 9 FLAKEYARD LANE IS OlEllWOO D S T .. OI.OIWOOO ST cu~ / vrq . <-C>r,!' ,s F~nAAo l M ---...;.. ____ ._ __ ---·-·----:::. 7 RI.CMl!l tit> AlGONOUI M $T Mass Mapper 50 ft I Leaflet I MHsGIS Property Tax Parcel 20/ 13/ / / 15 GLENWOOD STREET LLC 60 SUTTON PL SOUTH NEW YORK, NY 10022 20/ 17/ / I GLENWOOD STREET LLC C/O DAVID OFFICER 60 SUTTON PL SOUTH 19CN NEW YORK, NY 10022 20/ 18/ / / BARKER JOHN R JR TR 7 GLENWOOD ST WEST YARMOUTH, MA 02673 20/ 19/ / / WACKROW JEAN M (LIFE EST) 5 GLENWOOD ST WEST YARMOUTH, MA 02673 20/ 16/ / / BETRON CLIFFORD I BETRON PATRICIA S 381 TAHMORE DR FAIRFIELD, CT 06824 20/ 15.1/ / GOMEZ JORGE B GOMEZ-PASHALIDIS ELENI 49 SAN SOUCI DR SOUTH HADLEY, MA 01075 Please use this signature to certify this list of properties abutting within 100' of the parcel located at: 9 Flakeyard Ln., West Yarmouth, MA 02673 Assessors Map 20, Lot 16 And f Assessing March 25 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 Clifford Betran 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 9 Flakeyard Lane, West Yarmouth D. Proposed work is: damaged revetment replacement, restoration/replanting or eroded areas, and the lifting of an existing wooden stairway above the new wall elevation. E. Copies of the Notice of Intent may be examined at the Yarmouth Town Hall at the Conservation Commission office between the hours of 9:00 a.m. and 4:00 p.m. Monday thru Friday. For more information, call (508) 398-2231 ext. 1288. F. Copies of the Notice of Intent may be obtained from either the applicant or applicant's representative. Applicant's phone number: Or Applicant's representatives phone number 508-362-4541 G. Information regarding the date, time and place of the public hearing may be obtained by calling the Yarmouth Conservation Commission office at (508) 398-2231 ext. 1288 H. Person sending this notification (applicant, representative or other) NOTES: DOWN CAPE ENGINEERING, INC 939 ROUTE 6A YARMOUTH PORT, MA 02675 508-362-4541 • Notice of the public hearing, including date, time and place will be published at least five (5) days in advance in a newspaper of general circulation. • Notice of the public hearing, including date, time and place will be posted in the Town Hall not less than forty-eight hours in advance. • You may also contact the Southeast Regional Office of the Department of Environmental Protection at (508) 946-2800 for more information about this application.