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NOI 6.20.2025
Prepared by: 349 Route 28, Unit D W. Yarmouth, Massachusetts 02673 111 Crowell Road, West Yarmouth Notice of Intent Application Proposed Perimeter Wall Project Town of Yarmouth Conservation Commission June 2025 Prepared for: Leonard Dicarlo 7 Elizabeth Road Wayland, MA 01778 BSC Job #0101084.00 June 19, 2025 Town of Yarmouth Conservation Commission 1146 Route 28 South Yarmouth, MA 02664 Attn: Brittany DiRenzo, Conservation Administrator RE: Notice of Intent Application, 111 Crowell Road, West Yarmouth, BSC Job #0101084.00 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, Leonard Dicarlo (the Applicant), for a project located at 111 Crowell Road, (the Site) in West Yarmouth. The proposed project includes the construction of an approximately 220-foot-long three-sided perimeter wall along the southern, western, and eastern property line of the residential property located within Land Subject to Coastal Storm Flowage (LSCSF). 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, MNR, CESSWI Associate/Ecologist cc: Leonard Dicarlo, 7 Elizabeth Road, Wayland, MA 01778 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 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): 111 Crowell Road a. Street Address West Yarmouth b. City/Town 02673 c. Zip Code Latitude and Longitude: 41°38'27.4"N d. Latitude 70°14'26.9"W e. Longitude 17 f. Assessors Map/Plat Number 77 g. Parcel /Lot Number 2. Applicant: Leonard a. First Name Dicarlo b. Last Name c. Organization 7 Elizabeth Road d. Street Address Wayland e. City/Town MA f. State 01778 g. Zip Code h. Phone Number i. Fax Number ljdicarlo@bandl.com 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): $110.00 a. Total Fee Paid $42.50 b. State Fee Paid $67.50 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 construction of approximately 220-foot-long three-sided perimeter wall along the southern, western, and eastern property line that will result in the permanent disturbance of approximately 4,310 square feet of maintained lawn within Land Subject to Coastal Storm Flowage (LSCSF). 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) 31370 c. Book 314 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 4,310 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 MassGIS June 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. Certified Plot Plan of Land a.Plan Title Kieran J. Healy, PLS b. Prepared By Kieran J. Healy, PLS c.Signed and Stamped by 6/17/2025 d.Final Revision Date 1"=20' e.Scale USGS Locus Map f. Additional Plan or Document Title 6/3/2025 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: 4040 2.Municipal Check Number 6/4/25 3.Check date 4039 4.State Check Number 6/4/25 5.Check date BSC Companies 6.Payor name on check: First Name 7.Payor name on check: Last Name 6/19/2025 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: 111 Crowell Road a. Street Address West Yarmouth b. City/Town 4039 c. Check number $42.50 d. Fee amount 2. Applicant Mailing Address: Leonard a. First Name Dicarlo b. Last Name c. Organization 7 Elizabeth Road d. Mailing Address Wayland e. City/Town MA f. State 01778 g. Zip Code h. Phone Number i. Fax Number ljdicarlo@bandl.com 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 Category 1.a. 1 $110.00 $110.00 Town Bylaw fee: $100.00 Legal Advertising: $10.00 Step 5/Total Project Fee: $110.00 Step 6/Fee Payments: Total Project Fee: $110.00 a. Total Fee from Step 5 State share of filing Fee: $42.50 b. 1/2 Total Fee less $12.50 City/Town share of filling Fee: $67.50 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.) Yarmouth Conservation Commission • 1146 Route 28 South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 Rev 4/2025 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 4/2025 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 Notice of Intent 111 Crowell Road West Yarmouth, MA PROJECT DESCRIPTION 1.0 INTRODUCTION The proposed project at 111 Crowell Road in West Yarmouth, MA (the Site) consists of the construction of approximately 220-foot-long three-sided perimeter wall along the southern, western, and eastern property line of the residential property and the installation of a 500-gallon dry well (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 located at 111 Crowell Road in West Yarmouth, is bordered by private residences. The lot is currently developed with one (1) primary dwelling, one (1) garage, a below ground pool, one (1) pool shed, a paved driveway, and existing underground utilities. The Project is within the jurisdictional wetland resource areas that are protected under the Yarmouth Bylaw and the WPA: • Land Subject to Coastal Storm Flowage (LSCSF) 3.0 Existing Conditions Existing property features within LSCSF include a portion of the existing residential home and the paved driveway. 4.0 PROPOSED ACTIVITIES The purpose of this application is to authorize the following proposed activities: Proposed Wall: The proposed project involves the construction of a three-sided perimeter wall along the southern, western and eastern property lines of the existing residential home that is within LSCSF. The existing residential home is within the FEMA Flood Zone elevation of 11 feet, and the proposed project is intended to protect the residential home from coastal flooding and comply with FEMA Flood Standards. The proposed wall will be approximately 220 feet long and will be approximately 1-2 feet tall with the top of the wall at an elevation of 11.2 feet. The proposed wall will result in approximately 220 cubic yards (cy) of permanent fill and will span approximately 4,310 square feet (sf) over existing lawn within LSCSF. The majority of downspouts already go into subsurface drainage facilities. The project proposes installing a 500-gallon dry well on the northern side of the property for any downspouts that are not currently connected to a subsurface drainage facility. One (1) tree removal is proposed as part of this project. Tree removal activities consist of removing one (1) 12-inch cedar tree along the western perimeter of the house to allow for the construction of the proposed wall. 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, construction of the perimeter wall, landscaping 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 paved driveway off Crowell Road. 5.0 PERFORMANCE STANDARDS Under the Town of Yarmouth Wetland Protection Regulation Section 4.10 any activity within LSCSF which will result in the building upon, removing, filling or altering of land shall not have an adverse effect on the interests protected by the Bylaw must meet the General Performance Standards: i. Performance Standard: Reducing the ability of the land to absorb and contain flood waters a. Response: The three-sided proposed perimeter wall will not reduce the ability of the land to absorb or contain flood waters because the proposed project will not significantly alter the existing vegetation or terrain. The wall will help to prevent the residential home from flooding and will not result in significant disturbance to the land. The wall will be approximately 1-2 feet tall and will only result in approximately 220 cy of fill within LSCSF. Therefore, the project complies with this performance standard. ii. Performance Standard: Reducing the ability of the land to buffer more inland areas from flood and wave damage a. Response: The proposed project will not reduce the ability of the land to buffer more inland areas from flood and wave damage because the property is not located within the velocity Notice of Intent 111 Crowell Road West Yarmouth, MA zone and is not exposed to waves. The project will help provide a buffer to reduce flooding of the property. Therefore, the project complies with this performance standard. iii. Performance Standard: Displacing or diverting flood waters to other properties or resource areas. Fences and privacy walls, including walls separating one property from another, may obstruct or divert flood flow and waves toward buildings and protected areas. Solid fences must be constructed with 6 inches of clearance below to allow the passage of floodwaters and wildlife. a. The proposed three-sided perimeter wall will be a solid wall. However, the property is located outside of the Moderate Wave Action Area (MoWa), and lies solely within FEMA Flood Zone AE, where wave action is expected to be less than one (1) foot. Given its location outside the area subject to significant wave energy, the proposed wall will not obstruct or redirect floodwaters in a manner that would impact neighboring properties or protected resource areas. As such, the project will not contribute to the diversion or displacement of floodwater or wave action toward adjacent buildings or sensitive areas and therefore the project complies with this performance standard. iv. Performance Standard: Causing or creating the likelihood of damage to other structures on land within the floodplain as debris (collateral damage). a. Response: The three-sided perimeter wall will be a solid vertical structure that is outside of the MoWA. Due to the property being in an area that would experience less than one (1) foot of wave action the proposed wall is not likely to become dislodged or break apart during storm events. As a result, it will not pose a risk of becoming debris or causing damage to other structures within the LSCSF and therefore the project complies with this performance standard. v. Performance Standard: Causing ground, surface or saltate pollution triggered by coastal storm flowage. a. Response: The three-sided perimeter wall will not cause or contribute to ground, surface, or saltwater pollution as a result of coastal storm flowage. The wall be constructed from using inert, non-toxic materials such as concrete that do not leach contaminates into the surround soil or water. No treated wood, paints, sealants, or other potentially hazardous materials will be used in its construction. Therefore, the project complies with this performance standard. vi. Performance Standard: Reducing the ability of the resources to serve as a wildlife habitat and migration corridor through activities such as but not limited to the removal of substantial vegetative cover and/or installation of fencing and other structures which prevent wildlife migration across property. a. Response: The proposed three-sided perimeter wall is located on residential property consisting of a maintained lawn that does not serve as suitable wildlife habitat or a functional migration corridor. The area lacks substantial vegetative cover and natural features that would support significant wildlife use. As such, the installation of the wall will not reduce the ability of the resource area to serve as habitat or impede wildlife movement. Only one (1) 12-inch cedar tree is proposed to be removed as part of the project. Therefore, the project complies with this performance standard. vii. Performance Standard: Prevention of the migration of resource areas such as salt marshes due to sea level rise. a. Response: The proposed project is located on maintained residential property that does not contain or border any salt marshes or other wetland resource areas. The surrounding landscape is already developed and maintained, and there are no nearby undeveloped or natural areas that would support the inland migration of resource areas such as salt marshes. The construction of the three-sided perimeter wall will not prevent or interfere with the future migration of resource areas due to sea level rise and therefore the project complies with this performance standard. viii. Performance Standard: If flood control and storm damage protection functions have already been impaired, redevelopment must improve existing conditions by reducing impervious surfaces, restoring flood control and storm damage protection functions, installing native plantings, or by restoring or creating other wetland resource areas. Where a previously developed coastal Resource Area has not been regulated under the applicable performance standard to protect the interests of flood control and storm damage prevention, the proposed work shall restore those interests. a. Response: The property does not contain any existing flood control or storm damage protection functions that have been impaired, and the proposed work does not constitute redevelopment, as it involves a residential property. The construction of the three-sided Notice of Intent 111 Crowell Road West Yarmouth, MA perimeter wall is intended to enhance the property's resilience to future flood events and support compliance with current FEMA standards. While the project will result in a permanent impact to approximately 4,310 square feet of Land Subject to Coastal Storm Flowage (LSCSF) and includes the placement of approximately 220 cubic yards of fill, these modifications are designed to improve on-site flood protection without adversely affecting surrounding areas. Only one (1) 12-inch cedar tree is proposed to be removed as part of the project. Therefore, the project complies with this performance standard. ix. Performance Standard: Existing septic system and cesspool repairs will be allowed provided they meet all Title 5 and local Board of Health thresholds. a. Response: The project does not propose any septic system and cesspool repairs and therefore this performance standard does not apply. x. Performance Standard: All ground water elevations shall incorporate seasonable adjustments if test holes and or leaching components are 100 feet or closer from major estuaries. a. Response: The property is not located within 100 feet or closer from major estuaries and therefore this performance standard does not apply. xi. Performance Standard: Any proposed deck, shed, or other similar structure must be securely anchored to a footing or foundations. a. Response: The project does not propose a deck, shed, or other similar structure and therefore this performance standard does not apply. xii. Performance Standard: Any activity shall preserve existing soils, vegetation, and other natural conditions that serve as buffers to coastal flooding and storm surges. a. Response: The proposed project will preserve existing soils and will only temporarily remove existing trees on the property. The trees will be replanted in the same location once project activities are completed and therefore the project complies with this performance standard. The Yarmouth Wetlands Protection Regulations contain additional performance standards if the project is within FEMA Flood Zone V or within MoWA. However, the proposed project is not located within the V Zone or MoWA and therefore the performance standards for these jurisdictional areas are not applicable. 6.0 MITIGATION A line of staked straw wattles and/or silt fences will be installed at the limit of work. These controls will remain in place and in operational condition until the final site stabilization is complete. All construction materials will be staged within the boundaries of the property. All debris from the perimeter wall will be contained within appropriate receptacles and/or immediately removed from the Site. 41°39'30"N41°39'20"N41°39'10"N41°39'0"N41°38'50"N41°38'40"N41°38'30"N41°38'20"N41°38'10"N41°38'0"N41°37'50"N41°37'40"N41°37'30"N41°39'30"N41°39'20"N41°39'10"N41°39'0"N41°38'50"N41°38'40"N41°38'30"N41°38'20"N41°38'10"N41°38'0"N41°37'50"N41°37'40"N41°37'30"N70°13'10"W70°13'20"W70°13'30"W70°13'40"W70°13'50"W70°14'0"W70°14'10"W70°14'20"W70°14'30"W70°14'40"W70°14'50"W70°15'0"W70°15'10"W70°15'20"W70°15'30"W70°15'40"W 70°13'10"W70°13'20"W70°13'30"W70°13'40"W70°13'50"W70°14'0"W70°14'10"W70°14'20"W70°14'30"W70°14'40"W70°14'50"W70°15'0"W70°15'10"W70°15'20"W70°15'30"W70°15'40"W Document Path: G:\GISPrj\10108400\Output\Maps\APRX\111CrowellRd_20250603\111CrowellRd_20250603.aprx Date Saved: 6/3/2025 12:18 PM THIS DOCUMENT IS INTENDED FOR GENERAL PLANNING & INFORMATION PURPOSES ONLY. ALL MEASUREMENTS & LOCATIONS ARE APPROXIMATE Scale: 111 CROWELL ROAD USGS Site Locus Map West Yarmouth, MA (Page size: 8.5 X 11) 0 1,000 2,000 Feet H ,PROJECT LOCATION PROJECT LOCATION Service Layer Credits: USA_Topo_Maps: Copyright:© 2013 National Geographic Society, i-cubed1:24,000 1:24,000 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 6/2/2025 at 9:25 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°14'45"W 41°38'41"N 70°14'8"W 41°38'14"N Basemap Imagery Source: USGS National Map 2023 BERRY AVELA C K E R R D TELEVI SI O N L N S H O R E R D DOHER T Y L NMA T T A K E S E R D GREAT ISLAND RDHERIT A G E D RSCHOONER STWIMBLEDON DRS SEA AVESPRINGER LNMA U S H O P S P A T H ANDRINA RDSI L V E R L E A F L N TABOR RDPOWE R S L NCADET LNHAROLD RDEG G H A R B O R R D LE W I S B A Y R D BR O A D W A Y S T ATHENS WAYPEA R L S T JERUSHA LNWAL L I S D RANASTASIA RDLEWIS BAY BLVD FLORENCE LNCRUISER LNSAL T M A R S H L NBAYBERRY RDLEO N A R D A V E SU M M E R S T PINE CONE DRPIN E S T GULLS COVE RDEM E R A L D A V E FRA N K L I N S T E X E T E R R DPIERCE STPR A M A V E DEERFIE L D R DPROSPECT AVEMASSACHUSETTS AVEMA N O R P A T H LIB E R T Y L N P A U L A L N BALDWIN LNBOWSPRIT PATHHUNTER CIR YELVERTON LNLEWIS RDCROWELL RDSCRIMSHAW LNBR O O K H I L L L N SC A L L O P R D TILTON CIRL E N N O X R D RA I N B O W R D WA T E R S T ACADIA RDYA C H T A V E CHESHIRE RDFR A N K L I N S T E X D BROAD C A S T L N WI S T E R I A R D VERMONT AVEWINCHESTER AVECU T T E R L N SA N D Y L N B E R W I C K R D SIB L E Y D R MORGAN RDKE R R Y C T MAINE AVEALISON LNSE A G U L L R D QUAIL R DNEW HAMPSHIRE AVECHAMBERLAIN CTMOSS RD BAR N E S L NMERRYMOUNT RDACRES AVESACHEM PATH LO R E N A R D A NC HOR AG E LN RADIO LN COVE R D CROWES PURCHASE RD YARMOUTH 111 CROWELL ROAD THIS DOCUMENT IS INTENDED FOR GENERAL PLANNING & INFORMATION PURPOSES ONLY. ALL MEASUREMENTS & LOCATIONS ARE APPROXIMATE NHESP Map West Yarmouth, MA HFile Location: G:\GISPrj\10108400\Output\Maps\APRX\111CrowellRd_20250603\111CrowellRd_20250603.aprx Date Saved: 6/3/2025 12:22 PM 0 300 600 Feet Resource Areas Reviewed: NHESP Certified Vernal Pools; Potential Vernal Pools; NHESP Priority Habitats; NHESP Estimated Habitats; NHESP Restricted Data; Areas of Critical Environmental Concern; MassDEP Eelgrass Mapping Project; CZM Shellfish Suitability Areas; DMF Designated Shelfish Growing Areas Scale:,PROJECT LOCATION PROJECT LOCATION Legend Project Location NHESP Priority Habitats NHESP Estimated Habitats Town Boundary 1:7,200 1:7,200 Photo 1: View of the southern side of 111 Crowell Road where the perimeter wall will be constructed. Facing northwest Photo 2: View of the eastern side of 111 Crowell Road where the perimeter wall will be constructed. Facing north Page 1Site Photographs 111 Crowell Road West Yarmouth, MA Photos Taken: June 3, 2025 Photo 3: View of the western side of the house where the perimeter wall will be located. In this location a 500-gallon dry well is proposed to connect downspouts that are not currently connected to subsurface drainage. The one (1) 12-inch cedar will also be removed. Facing west Photo 4: View of the northern side of 111 Crowell Road. The existing home is within Land Subject to Coastal Storm Flowage. Facing southwest Site Photographs 111 Crowell Road West Yarmouth, MA Photos Taken: June 3, 2025 Page 2 17/ 74/ / / MEADOWS DAVID H TRS MEADOWS TRICIA TRS 5 CONNIE CT BEDFORD, NH 03110 17/ 75/ / / SHMUYLOVICH IRINA 38 DUNBAR RD TORONTO, ON M4W 2X6 17/ 83/ / / ARGEROS ARTHUR M 8 STAGECOACH LN LYNNFIELD, MA 01940 17/ 84/ / / LIPCHIN LEONID 106 MONADNOCK ROAD CHESTNUT HILL, MA 02467-1137 17/ 79/ / / MITROKASTAS ECATERINI 101 CROWELL RD WEST YARMOUTH, MA 02673 17/ 78/ / / TSATSARONIS PETER TSATSARONIS PANAGIOTIS 200 GROVE ST RAMSEY, NJ 07446 23/ 348/ / / HAUGH THOMAS J HAUGH SUSAN L 172 SPRINGER LN WEST YARMOUTH, MA 02673 17/ 81/ / / HUGHES PATRICIA M TRS HUGHES THOMAS L JR TRS 178 SPRINGER LN WEST YARMOUTH, MA 02673 17/ 82/ / / AVERILL JANICE M TR 3 REAGAN RD SOUTH EASTON , MA 02375 17/ 77/ / / DICARLO LEONARD J DECARLO TERRI A 7 ELIZABETH RD WAYLAND, MA 01778 17/ 76/ / / SHMUYLOVICH IRINA 38 DUNBAR RD TORONTO, ON M4W 2X6 17/ 68/ / / POLI FRANCIS C 75 REDDING RD FAIRFIELD, CT 06824 17/ 69/ / / MANNING HELEN T TR 108 CROWELL RD WEST YARMOUTH, MA 02673 17/ 70.1/ / / BUTLER MITCHELL W SPELLMAN BUTLER DENISE 77 CARLISLE RD WESTFORD, MA 01886 Please use this signature to certify this list of propertiesabutting within 100' of the parcel located at:111 Crowell Rd., West Yarmouth, MA 02673Assessors Map 17, Lot 77______________________________________Andy Machado, Director of AssessingJune 4, 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 _Leonard Dicarlo___________________________________ 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 _111 Crowell Road__________________ D.Proposed work is _The construction of a 340-foot-long vertical perimeter wall around a residential home which will be constructed within Land Subject to Coastal Storm Flowage (LSCSF). 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, BSC Group_____________________ Address __349 Main Street, Route 28______________________________________ 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. Revised 2/17/2017 AFFIDAVIT OF SERVICE Under the Massachusetts Wetlands Protection Act (To be submitted to the Massachusetts Department of Environmental Protection and the Conservation Commission when filing a Notice of Intent) I, , hereby certify under the (Name of person making the Affidavit) pains and penalties of perjury that on I gave notification to abutters (Date) in compliance with the second paragraph of Massachusetts General Laws Chapter 131, Section 40, and the DEP Guide to Abutter Notification dated April 8, 1994, in connection with the following matter: A Notice of Intent filed under the Massachusetts Wetlands Protection Act by with the (Name of Applicant) (Name of Municipality) Conservation Commission on for property located at (Date) (Address of land where work is proposed) The form of the notification and a list of the abutters to whom it was given and their addresses, are attached to this Affidavit of Service. (Name) (Date) Lindsey Carle Leonard Dicarlo Yarmouth 111 Crowell Road West Yarmouth, MA 02673 Lindsey Carle 6/20/2025 6/20/2025 6/20/2025 MAIN STREET Lewis Bay Lewis PondMill CreekS SEA AVENUEGGGGGOHWOHWOHWOHWOHWOHWGGGG G G (PRIVATE - 40' WIDE) CROWELL ROAD 349 Main Street - Route 28 West Yarmouth, Massachusetts 02673 508 778 8919 IN CERTIFIED PLOT PLAN OF LAND 111 CROWELL ROAD WEST YARMOUTH MASSACHUSETTS LOMA-F PLAN JUNE 17, 2025 (BARNSTABLE COUNTY) SURVEY NOTES LETTER OF MAP AMENDED AREA - FILL