Loading...
HomeMy WebLinkAboutNOI 5.1.2025939 main street rte 6a yarmouth port mass 02675 May 1, 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: 29 Lewis Bay Boulevard, West Yarmouth Notice of Intent DCE#24-083 Yarmouth Shores Condo Association Method of Delivery: Email; Drop off Attached are documents to support a Notice of Intent at 29 Lewis Bay Boulevard in West Yarmouth, including: • Administrative checklist • WPA Form 3 including fee transmittal and eDEP submittal receipt • Project narrative • Site photos • Locus map • Abutter list • Abutter notice • Certified mail receipts • Site Plan dated 4-29-2025, 1 Stamped, 7 Copies • Filing fees CC: File adnuiw tJta1we ~ t Af otire oJ :Jnrent (fa!wudJ~: 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. Sullmilling an llppeication: X 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: ✓ 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 4/2025 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. online 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 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 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 _nl_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 4/2025 Yarmouth Conservation Commission • 1146 Route 28 South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 Page 2 of 2 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: 1890039 Document: WPA Form 3 -NOi Size of File: 274.34K Status of Transaction: In Process Date and Time Created: 5/1/2025:8:02:10 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 Resource Protection-Wetlands WP A Form 3 -Notice of Intent Provided by MassDEP: MassDEP File#: eDEP Transaction#: 1890039 City/fown:Y ARMOUTH 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: 29 LEWIS BAY BOULEY ARD YARMOUTH 41.64112N 16 c. Zip Code e. Longitude g.Parcel/Lot # r Individual w Organization a. First Name MARK b.Last Name PROSHAN TR c. Organization YARMOUTH SHORES CONDOMINIUM ASSOC d. Mailing Address 29 LEWIS BAY BOULEY ARD #7 e. City/Town WEST YARMOUTH f. State MA g. Zip Code 02673 02673 70.24466W 48 h. Phone Number 413-531-8377 i. Fax j. Email MP@LEXINGTONGROUPINC.COM 3.Property Owner: W more than one owner a. First Name MARK S AND RENEE b. Last Name PROSHAN AND TALLON c. Organization d. Mailing Address e. City/Town h. Phone Number 4.Representative: a. First Name c. Organization d. Mailing Address 29 LEWIS BAY BOULEY ARD #7 WESTY ARMOUTH f.State MA i. Fax DANIEL A b. Last Name DOWN CAPE ENGINEERING, INC 939ROUTE6A g.ZipCode j.Email OJALAPEPLS g. Zip Code 02675 02673 e. City/Town h.Phone Number YARMOUTHPORT 508-362-454 l f. State MA i.Fax j.Email INFO@DOWNCAPE.COM 5.Total WP A Fee Paid (Automatically inse1ted from NOI Wetland Fee Transinittal Fo1m): a.Total Fee Paid 1,192.00 b.State Fee Paid 583.50 c.City/fown Fee Paid 6.General Project Description: REPAIR OF EXISTING REVETMENT WALL. ?a.Project Type: I. W Single Family Home 3. r Liinited Project Driveway Crossing 5,r Dock/Pier 2. r Residential Subdivision 4. r Commercial/Industrial 6. r Utilities 7.r Coastal Enginee1ing Stmcture 8. r Agriculture (eg., cranbeffies, forestry) 9,r Transportation 10. r Other 608.50 7b.Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 (coastal) or 310 CMR 10.53 (inland)? Page 1 of 7 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 3 -Notice of Intent Massachusetts Wetlands Protection Act M. G .L. c. 131, §40 I. rYes w'No If yes, describe which limited project applies to this project: 2. Limited Project 8.Property recorded at the Registry of Deeds for: a.County: b.Certificate: c.Book: BARNSTABLE C355 B. Buffer Zone & Resource Area Impacts (temporary & permanent) I .Buffer Zone & Resource Area Impacts (temporaiy & permanent): Provided by MassDEP: MassDEP File#: eDEP Transaction#: 1890039 City/fown:YARMOUTH 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 I 0.54 -10.58, if not applicable, go to Section B.3. Coastal Resource Areas) Resource Area a.rBank b.r Bordering Vegetated Wetland c. r Land under Waterbodies and Wate1ways d. r Bordering 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) 1. linear feet 2. linear feet I. square feet 2. square feet I. Square feet 2. square feet 3. cubic yai·ds dredged I. squai·e feet 2. square feet 3. cubic feet of flood storage lost 4. cubic feet replaced I. squai·e feet 2. cubic feet of flood storage lost 3. cubic feet replaced I. Name of Waterway (if any) r 25 ft. -Designated Densely Developed Areas only r I 00 ft. -New agricultural projects only r 200 ft. -All other projects 3. Total area of Riverfront Area 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. 5. Has an alternatives analysis been done and is it attached to this NOi? square feet rYesrNo 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 Provided by MassDEP: MassDEP File#: eDEP Transaction#: 1890039 City/fown:YARMOUTH 6. Was the lot where the activity is proposed created prior to August I, 1996? rYesrNo 3.Coastal Resource Areas: (See 310 CMR I 0.25 -10.35) Resource Area a.r Designated Port Areas b.r Land Under the Ocean Indicate size under 1. square feet 2. cubic yards dredged Size of Proposed Alteration Proposed Replacement (if any) Land under the ocean below, c.r Banier Beaches d. r Coastal Beaches Indicate size under Coastal Beaches and/or Coatstal Dunes, below e.r Coastal Dunes f w Coastal Banks g.r Rocky Intertidal Shores h. r Salt Marshes i.r Land Under Salt Ponds j. r Land Containing Shellfish k.r Fish Runs I. P' Land Subject to Coastal Stonn Flowage 4.Restoration/Enhancement r Restoration/Replacement 1. square feet 1. square feet 298 1. linear feet 1. square feet 1. square feet 1. square feet 2. cubic yards dredged 1. square feet 2. cubic yards beach nourishment 2. cubic yards dune nmuishment 2. sq ft restoration, rehab, crea. Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Wate1ways, above 1. cubic yards dredged 4800 1. square feet If the project is for the pmpose ofrestoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.2.b or B.3.h above, please entered the additional amount here. a. square feet ofBVW b. square feet of Salt Marsh 5.Projects Involves Stream Crossings r Project Involves Streams Crossings If tl1e project involves Stream Crossings, please enter fue munber of new stream crossings/nUlllber of replacement stream crossings. 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#: 1890039 City/fown:Y ARMOUTH ~ Massachusetts Department of Environmental Protection Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 a. number of new stream crossings b. number of replacement stream crossings C. Other Applicable Standards and Requirements Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review I. Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage of Endangered Species program (NHESP)? a. r1Yes P'No If yes, include proof of mailing or hand delive1y ofNOI to: Natural Heritage and Endangered Species Program Division ofFishe1ies and Wildlife I 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 Infmmation for Endangered Species Review* (Check boxes as they apply) 1. n Percentage/acreage of property to be altered: (a) within Wetland Resource Area percentage/acreage (b) outside Resource Area percentage/acreage 2. r Assessor's Map or right-of-way plan of site 3. r Project plans for entire project site, including wetland resomce areas and areas outside of wetland jmisdiction, showing existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work** a. r Project description (including description of impacts outside of wetland resomce area & buffer zone) b.r Photographs representative of the site c. r MESA filing fee (fee info1mation available at: http://www.mass.gov/eea/age11cies/dfg/dfw/natural-heritage/re!!Ulat01y-review/mass-endangered-species-act-mesa/mesa-fee-schedule.html) Make check payable to "Natmal Heritage & Endangered Species Fund" and mail to NHESP at above address Projects altering 10 or more acres of land, also submit: d. r Vegetation cover type map of site e. ri Project plans showing Priority & Estimated Habitat boundaries d. OR Check One of the following 1.ri Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR I 0.14, http://www.mass.gov/eea/agencies/dfg/dfw/laws-regulations/cmr/32l-cmr-I 000-massachusetts-endangered-species-act.html#l 0.14; 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. r Separate MESA review ongoing. a. NHESP Tracking Number b. Date submitted to NHESP 3. r Separate MESA review completed. Include copy ofNHESP "no Take" determination or valid Conservation & Management Permit with approved plan. Page 4 of7 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: MassDEP File#: Bureau of Resource Protection -Wetlands WPA Form 3-Notice of Intent eDEP Transaction#: 1890039 City/fown:YARMOUTH Massachusetts Wetlands Protection Act M. G .L. c. 131, §40 * 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 run? a. r Not applicable -project is in inland resource area only b. rYes wNo 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 Fisheries -Southeast Maiine Fisheries Station Attn: Environmental Reviewer 836 S. Rodney French Blvd New Bedford, MA 02744 North Shore -Hull to New Hampshire: Division ofMaiine Fisheries -North Shore Office Attn: Enviromnental Reviewer 30 Emerson Avenue Gloucester, MA 01930 If yes, it may require a Chapter 91 license. For coastal towns in the Nmtheast Region, please contact MassDEP's Boston Office. For coastal towns in the Southeast Region, please contact MassDEP's Southeast Regional office. 3. Is any pmtion of the proposed project within an Area of Critical Environmental Concern (ACEC)? a.rYes f.TNo b.ACECName If yes, provide naine of ACEC ( see instructions to WP A Fonn 3 or DEP Website for ACEC locations). Note: electronic filers click on Website. 4. Is any portion of the proposed project within an area designated as an Outstanding Resource Water (ORW) as designated in the Massachusetts Surface Water Quality Standai·ds, 314 CMR 4.00? a. rYesf.TNo 5. Is any pmtion 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 Restr·iction Act (M.G.L.c. 130, § 105)? a. rYes f.TNo 6. Is this project subject to provisions of the MassDEP Sto1mwater Management Standards? a. r Yes, Attach a copy of the Stmmwater Repmt as required by the Stmmwater 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 Stonnwater Management Handbook r Vol.2, Chapter 3) ~ A pmtion of the site constitutes redevelopment ~ Proprietary BMPs are included in the Stmmwater Management System b. w No, Explain why the project is exempt: ~ Single Family Home ~ Emergency Road Repair 3. Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi-family Page 5 of7 * 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 r housing project) with no discharge to Critical Areas. D. Additional Information Provided by MassDEP: MassDEP File#: eDEP Transaction #:1890039 City/Town:Y ARMOUTH Applicants must include the following with this Notice oflntent (NOI). See instmctions 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 delivery. I. USGS or other map of the area (along with a narrative description, ifnecessaiy) containing sufficient infotmation for the W Conservation Commission and the Depaitment to locate the site. (Electronic filers may omit this item.) 2. Plans identifying the location of proposed activities (including activities proposed to se1ve as a Bordering Vegetated Wetland W [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area. 3. Identify the method for BVW and other resource area boundaty delineations (MassDEP BVW Field Data Form(s). W Dete1mination of Applicability, Order ofResource Area Delineation, etc.), and attach documentation of the methodology. 4. List the titles and dates for all plans and other materials submitted with this NOI. r.i a. Plan Title: b. Plan Prepared By: c. Plan Signed/Stamped By: c. Revised Final Date: e. Scale: SITE PLAN OF 29 LEWIS BAY BL VD WESTY ARMOUTH, MA DANIEL A. OJALA, P.E., P.L.S. April 29, 2025 5. If there is more than one prope1ty owner, please attach a list oftl1ese prope1ty owners not listed on this form. r 6. Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. r 7. Attach proof of mailing for Massachusetts Division ofMaiine Fisheries, if needed. r 8. AttachNOI WetlandFeeTransmitta!Fonn. w 9. Attach Stormwater Report, if needed. r Page 6 of7 * ELECTRONIC COPY I I E.Fees I. Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WP A Form 3 -Notice of Intent Massachusetts Wetlands Protection ActM.G.L. c. 131, §40 Provided by MassDEP: MassDEP File#: eDEP Transaction#: 1890039 City/fown:Y ARMOUIH Fee Exempt: No filing fee shall he assessed for projects of any city, town, county, or district of the Commonwealth, fcderally'recognized Indian tribe housing auU1ority, municipal housing authority, or the Massachusetts Bay Transportation Authority. Applicants must submit the following information (ii) addition to pages I and 2 or the NOi W llan Fee Transmittal Form) lo confirm fee payment: J?/11 !,.J ~ -----------------~~~--------,f-'---t--~----------------2. Municipal Chctk Numbe,-3. Check date 7. Po.ycr nante on check: Last Name F. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I understand that the Conservation Commission will place notification of this Notice in a locol newspaper at the expense of the applicant in accordance with the wetlands regulations, 3 JO CMR I 0.0S(S)(a). I further certify under penalties 9f perju _.,1 at all abuners were notified of this application, pursuant to the requirements ofM.G.L. c .. 131, § 40. Notice must be made by Cerf ate of ailing or in writing by hand delivery or certified mail (return receipt requested) to all abutters within JOO feet of the properly line of the [PJCct lo~ ··on. ,...-.-' 1. Signature of Applicant 2. Date / 3. Signature of Property Owner(if diffen:nt) 4. Date ~o -• 6. Date For Conservation Commission: Two copies of the completed Notice of Intent (Forni 3), including supporting plans and documents, two copie5 of the NOi Wetland l' ee Transmittal Fonn, and the city/town fee payment, to the Conservation Commission by certified mail or lmnd delivery. For MassDEP: One copy of the completed Notice oflntcut (Form 3), including supporting plans and documents, one copy of the NOl Wetland Fee Transmitllll Form, and a cop)' of the state fee payment to thH MassDEP Regional Office (see Instructions) by certified mail or hand delivery. Other: lfthc applicant has checked the "yes" box in Section C, ltcms 1-3, above, refer to that section and the Instructions for additionnl suhmillal requirements. The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the Notice of Intent. Page 7 of 7 * ELECTRONJC COPY Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands Provided by MassDEP: MassDEP File#: WPA Form 3 -Notice of Wetland FeeTransmittal Form eDEP Transaction#: 1890039 City/Town:YARMOUTH --~--Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Applicant Information I. Applicant: a. First Name MARK b.Last Name PROSHAN TR c. Organization YARMOUTH SHORES CONDOMINIUM ASSOC d. Mailing Address e. City/Town h. Phone Number 29 LEWIS BAY BOULEVARD #7 WEST YARMOUTH f. State MA 4135318377 i.Fax 2.Property Owner:(if different) a. First Name MARKS AND RENEE c. Organization d. Mailing Address 29 LEWIS BAY BOULEVARD #7 g. Zip Code 02673 j. Email MP@LEXINGTONGROUPINC.COM b. Last Name PROSHAN AND TALLON e. City/Town WEST YARMOUTH f.State MA g.ZipCode j.Email 02673 h. Phone Number i.Fax 3. Project Location: a. Street Address 29 LEWIS BAY BOULEVARD b. City/Town YARMOUTH Are you exempted from Fee? r Note: Fee will be exempted if you are one of the following: • City/Town/County/Disttict • Municipal Housing Authority • Indian Tribe Housing Authority • MBTA State agencies are only exempt if the fee is less than $100 B. Fees Activity Type A.) WORK ON DOCKS, PIERS, REVETMENTS, DIKES, ETC. (COASTAL OR INLAND). Activity Number 298 Activity Fee 4.00 RF Multiplier Sub Total 1192.00 City/Town share of filling fee State share offiling fee Total Project Fee $608.50 $583.50 $1,192.00 Page 1 of 1 * ELECTRONIC COPY MassDEP Home I Contact I Privacy Policy MassDEP's Online Filing System My eDEP !Forms I My Profile I Help !Notifications Username:DOWNCAPE Nickname: DCE DEP c:mJ:iJD ( Receipt ) ----------------I Forms filgnature PaY.ment Receipt t::.. 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: 1890039 Date and Time Submitted: 5/1/2025 8:00:59 AM Other Email : Form Name: WPA Form 3 -NOi Project Location City/Town Name: YARMOUTH location: 29 LEWIS BAY BOULEVARD General Description: REPAIR OF EXISTING REVETMENT WALL. Applicant Information Name:MARKPROSHANTR Company: YARMOUTH SHORES CONDOMINIUM ASSOC Address: 29 LEWIS BAY BOULEVARD #7, WEST YARMOUTH, MA, 02673 Payment Information Your fee for the state share is $: 583.50 If you have paid by credit card or ACH, thank you for your payment. If you are paying by check or money order, please send your check (payable to the Commonwealth of Massachusetts) to MassDEP, Box 4062, Boston, MA 02211 Additional Forms Submitted WPA Form 3 -NOi (Fee Transmittal)(ONLINE ONLY) Ancillary Document Uploaded/Mailed 24-083 ABUTTER NOTICE 24-083 LOCUS MAP 24-083 NOi Narrative 24-083 Site Photos 24-083 YSCA Site Plan 4-29-25 Abutters List I print receipt I I Exit I MY. eDEP MassDEP Home I Contact I Privacy Policy MassDEP's Online Filing System ver. 17.15.2.0.© 2024 MassDEP NOTICE OF INTENT 29 Lewis Bay Boulevard, West Yarmouth Project Narrative The applicant is pleased to submit a Notice of Intent application for a damaged revetment replacement, and the repair/replacement of existing wooden ramps on an existing developed property. The 87,599 square foot property is currently improved with existing single-family condo buildings. 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 11) and VE (El 13). There is a Coastal Bank which lies at the top of the existing revetment wall. 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 removing the loose stones, installing new large toe stones where needed and rebuilding the wall in a similar footprint in order to provide protection for the existing dwellings. The area behind the wall is to be restored and replanted as necessary. The existing ramps will be repaired or rebuilt and anchored to the wall. 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 with its final height varying from elevation 8-9. The new wall will tie into the existing top of neighboring revetment wall to the west at elevation 8.6 and will include a small return to the east to help prevent water from flowing around and undermining it. The top of the bank has been eroded due to the disrepair of the existing wall and storms in the past few years. The area disturbed by construction is proposed to be replanted to help stabilize it. The revetment repair and proposed revegetation will serve to help mitigate future erosion and enhance coastal resiliency. The existing wooden ramps will be repaired and or reconstructed in the same footprints. 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. 11. A majority of the proposed work will take place within the velocity zone. The top of the wall will be constructed to match existing grades at the top of the bank and no significant amount of fill is proposed. All disturbed areas behind the wall 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 rock wall 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 area to the west is armored with a similar wall and therefore is not subject to such erosion. Since the basis for the regulation is covered a variance in this unique situation is warranted. The existing stones will be used to the greatest extent feasible to help limit the construction time and reduce resource area impacts. Construction Protocol A standard backhoe will be used to relocate and transport rocks for the wall. Access will be through the existing driveways and along a path between the existing dwellings. Due to the large nature of the revetment stones a backhoe will be necessary to lift and set them. Disturbed areas will be revegetated. ··\~). ,, •'I• ' .... ',' ' 't: \ ·,. .• '.' ... I • L \ "'-... ,-.{'---lII·· ,, . 29 LEWIS BAY BLVD 2~251 J o::, U-l t;. -7 ~ l ,.265 \~\ 2~\ / ·' J LEWIS .BAY .BOULEVARD "' -Ef.o ~ r ____ --1 _____ J 1A.49 .. 16.48( . ~ ~ . ~ 16 • .,2 • ---.:t ' "!---.,, . C rn - ,_--- April 23, 2025 .,,,,. .,./.,;•' .,,. : = : Municipal Boundary 1111 Buildings ' ~ Parcel Boundaries Street Names . . '··--·-··-.. ___ ... '··--·-- ~ ~ 0..1AM8ERLJ\l~ ·· ,,. ~ -\ ----~ l \ 22:2 '"'~202 --.2'01 \ 17.£8?i 16.44 ~~~ ~ ~(J8·-✓ , S\)~,2--.,,..,,. • 1~ 16.45 ~ 17.85 ~ /~.73 1:2,257 0 75 150 300 ft 0 20 40 80m Sources: Esri, Maxar, Airbus OS, USGS , NGA. NASA, CGIAR, N Robinson. NCEAS, NLS, OS , NMA, Geodalastyrelsen . Rijkswaterstaat, GSA, Geoland, FEMA. lntermap, and the GIS user community Data and scale shown on this map are provided for planning and Informational Powered by Esri Technology 22/ 232/ / YUSKAITIS MARK E YUSKAITIS KELLY M 24 LEWIS BAY BLVD WEST YARMOUTH, MA 02673 22/ 228/ / / MALONEY THOMAS M JR TRS MALONEY LEWIS RL TY TRUST PO BOX 690109 QUINCY, MA 02169 22/ 230/ / BRADBURY DAVID BRADBURY PATRICIA 38 LEWIS BAY BLVD WEST YARMOUTH, MA 02673 22/ 229/ / / MALONEY THOMAS M JR TRS 34 LEWIS BAY RL TY TRST 14 MYOPIA RD QUINCY, MA 02170 16/ 43/ MARCH OLIVE T 42 WINDSOR ST JAMESTOWN, RI 02835 16/ 49/ / / GALLAGHER JENNIFER TRS GALLAGHER BRIAN E TRS 2 OLD HARRY RD SOUTHBOROUGH, MA 01772 16/ 47/ / / DAMICO JOSEPH A TR DAMICO ZABELLE G TR 53 LEWIS BAY BLVD WEST YARMOUTH, MA 02673 22/ 231/ / / SCHLEGEL JOHN H JR 19705 TESORO WAY ESTERO , FL 33967 16/ 48/ C1A/ HARRINGTON PATRICIA TROMBLAY BERNARD R 430 NORTH RD HAMPDEN , MA 01036 16/ 48/ C4/ FISH S ROBERT JR TR 29 LEWIS BAY BLVD UNIT4 NOM TR 80 WILLIAM ST STE. 210 WELLESL Y, MA 02481 16/ 48/ C6/ COSENZI ANGELA TR THE ANGELA A COSENZI LIVING TRUS 151 STEEPLEVIEW DR HAMPDEN, MA 01036 16/ 48/ C2/ / CASTELLANOS LINDA M PO BOX 1017 WEST YARMOUTH, MA 02673 16/ 48/ C3A/ / LANGRENEY FABRICE J P LANGRENEY CATHERINE M 2916 PARKLAWN COURT HERNDON, VA 20171 16/ 48/ C5/ / KARPOUZIS ANDREW D KARPOUZIS THEMIS 6 MAGNOLIA POINTE ASHLAND, MA 01721 16/ 48/ C7/ / PROSHAN MARK S TALLON RENEE 128 NORTH BLANDFORD RD BLANDFORD, MA 01008 16/ 48/ C9/ HILL PAMELA M 158 HORNE WAY MILLBURY, MA 01527 16/ 48/ C10/ CC HOLDINGS LLC C/O ARTHUR MANSELIAN 29 LEWIS BAY BLVD UNIT 10 WEST YARMOUTH, MA 02673 YARMOUTH SHORES CONDO 29-29 LEWIS BAY BL VD SOUTH YA~MOUTH, MA 02664 16/ 48/ C1B/ LUNDGREN GRETCHEN LUNDGREN SUSAN 53 GREATON RD WEST ROXBURY, MA 02132 Please use this signature to certify this list of properties abutting within 100' of the parcel located at: 29 Lewis Bay Blvd., West Yarmouth, MA 02673 Assessors M p 16 Lot 48 Andy ssessing April 18, 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 YARMOUTH SHORES CONDOMINIUM ASSOCIATION 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 29 LEWIS BAY BLVD, WEST YARMOUTH D. Proposed work is: damaged revetment replacement, and the repair/replacement of existing wooden ramps on an existing developed property. 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.