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HomeMy WebLinkAboutNOI 8.7.2025Yarmouth Conservation Commission • 1146 Route 28 South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 Rev 6/2025 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 N/A Yarmouth Conservation Commission • 1146 Route 28 South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 Rev 6/2025 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 N/A N/A N/A N/A 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 South 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): 27 Aunt Edith's Road a. Street Address South Yarmouth b. City/Town 02664 c. Zip Code Latitude and Longitude: 41.657955 d. Latitude -70.191526 e. Longitude 51 f. Assessors Map/Plat Number 97 g. Parcel /Lot Number 2. Applicant: Lance a. First Name Willsey b. Last Name N/A c. Organization 1 Newbrook Circle d. Street Address Chestnut Hill e. City/Town MA f. State 02167 g. Zip Code (617) 413-6333 h. Phone Number N/A i. Fax Number lancedwillsey@gmail.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): Dillon a. First Name Lance b. Last Name Crawford Land Management c. Company 88 Route 6A, Suite 2B d. Street Address Sandwich e. City/Town MA f. State 02563 g. Zip Code (508) 477-1346 h. Phone Number N/A i. Fax Number dillon@crawfordlm.com j. Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $610 a. Total Fee Paid $292.50 b. State Fee Paid $317.50 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 South Yarmouth City/Town A. General Information (continued) 6. General Project Description: The project proposes installing a fiber roll array on a coastal bank and restoration plantings. The existing stairs will be replaced by a raised set of steps, and portions of the patio that are damaged will be repaired. 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) 25265 c. Book 0042 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 South 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 Bass River - Coastal 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: 34,650 square feet 4. Proposed alteration of the Riverfront Area: 1,432 a. total square feet 1,432 b. square feet within 100 ft. 0 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 South 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 375 1. square feet 21 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 85 1. linear feet g. Rocky Intertidal Shores 1. square feet h. Salt Marshes 1. square feet 2. sq ft restoration, rehab., creation i. Land Under Salt Ponds 1. square feet 2. cubic yards dredged j. Land Containing Shellfish 1. square feet k. Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1. cubic yards dredged l. Land Subject to Coastal Storm Flowage 1. square feet 4. Restoration/Enhancement If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.2.b or B.3.h above, please enter the additional amount here. a. square feet of BVW b. square feet of Salt Marsh 5. Project Involves Stream Crossings a. number of new stream crossings b. number of replacement stream crossings wpaform3.doc • rev. 12/4/2023 Page 5 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number South 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 2021 b. Date of map 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 South 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 South 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 South 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. Shoreline Stabilization & Restoration Plan a.Plan Title Crawford Land Management b. Prepared By Jen Crawford c.Signed and Stamped by 8-5-2025 d.Final Revision Date 1"=10' e.Scale Existing Conditions Plan f. Additional Plan or Document Title 3-7-2025 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: 001259 2.Municipal Check Number 8/6/2025 3.Check date 001262 4.State Check Number 8/6/2025 5.Check date Jennifer 6.Payor name on check: First Name Crawford 7.Payor name on check: Last Name noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. A. Applicant Information 1. Location of Project: 27 Aunt Edith's Road a. Street Address South Yarmouth b. City/Town c. Check number d. Fee amount 2. Applicant Mailing Address: Lance a. First Name Willsey b. Last Name N/A c. Organization 1 Newbrook Circle d. Mailing Address Chestnut Hill e. City/Town MA f. State 02167 g. Zip Code (617) 413-6333 h. Phone Number N/A i. Fax Number lancedwillsey@gmail.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 1A 1 $110 $110 2C 1 $500 $500 Step 5/Total Project Fee: $610 Step 6/Fee Payments: Total Project Fee: $610 a. Total Fee from Step 5 State share of filing Fee: $292.50 b. 1/2 Total Fee less $12.50 City/Town share of filling Fee: $317.50 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.) 51/ 94/ / / WESTMORELAND ROSAMOND W TR ROSAMOND WESTMORELAND FAMILY TRU 565 WEST END AVE APT 15C NEW YORK, NY 10024 51/ 95/ / / GATTO STEPHEN 29 ROYAL COURT NORWOOD, MA 02062 51/ 97/ / / WILLSEY LANCE WILLSEY PAMELA J 1 NEWBROOK CIR CHESTNUT HILL, MA 02167 51/ 98/ / / WILSCHUT ROY TR ROY WILSCHUT REV LVG TRUST 20172 SE BRIDGEWATER DR JUPITER, FL 33458 51/ 96/ / / AUNT EDITH'S RD ASSOC INC C/O HOLLY BRODERICK 1 AUNT EDITHS RD SOUTH YARMOUTH, MA 02664 51/ 102.2/ / / STADTLER JOHN W STADTLER SUZANNE M 1080 NORTH ST WALPOLE, MA 02081 51/ 102.1/ / / HAGGERTY MARK RUSSO-HAGGERTY JEANNE 85 COLTS CROSSING CANTON, MA 02021 Please use this signature to certify this list of propertiesabutting within 100' of the parcel located at:27 Aunt Ediths Rd., South Yarmouth, MA 02664Assessors Map 51, Lot 97______________________________________Andy Machado, Director of AssessingJuly 23, 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: Lance & Pamela Willsey 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: 27 Aunt Ediths Road, South Yarmouth, MA 02664 D. Proposed work is: Installation of a fiber roll array, repair of slumping portion of patio, replacement of existing stairs, and associated restoration work. Walkway to the dock behind the property will not be impacted under this permit. 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: 508-280-9212 Or Applicant’s representatives phone number: 508-477-1346 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: Crawford Land Management - Representative Address: 88 Rt 6A Town: Sandwich State: MA Zip: 02563 Telephone: 508-477-1346 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. 1 Land Management Plan & Project Narrative 88 Route 6A, Suite 2B Sandwich MA 508.477.1346 info@crawfordlm.com WWW.CRAWFORDLM.COM PREPARED FOR 27 Aunt Edith Road South Yarmouth, MA 02664 DATE July 23rd, 2025 2 PROJECT INTRODUCTION This project is located at 27 Aunt Edith’s Road in South Yarmouth, MA. The property is located adjacent to Bass River. It includes a salt marsh, flood zone, coastal beach, and a coastal bank, as well as all corresponding bufferzones. The property is not located within Estimated or Priority Habitat as designated by NHESP, and is not located within an Area of Critical Environmental Concern. This project proposes to install a fiber roll array and supplemental nourishment along a portion of coastal bank. The existing patio will be reconstructed where it has been impacted by erosion. The existing in grade stairs will be removed to allow for the construction of the fiber roll array, and will be replaced by an elevated stairway. On the top of the southern portion of the bank, restoration plantings will be installed. AERIAL PHOTO COURTESY OF MASSMAPPER. 27 AUNT EDITHS ROAD BASS RIVERAUNT ED I THS ROADPLEASANT STREET 3 EXISTING CONDITIONS This property is an existing developed single-family residence adjacent to Bass River. The property extends to the waterfront on it’s southeastern side, north of this is a public dock accessible by a maintained footpath from Aunt Edith’s Road. Resource areas on the property include salt marsh, coastal beach, coastal bank, and a Floodzone VE at elevation 13 and a Floodzone AE at elevation 11 and 12. Above the coastal bank is a fence, with lawn on the landward side of it. A patio with a firepit is at the top of a portion of the bank, and is experiencing some damage due to the scarp on the coastal bank. The firepit, and waterfacing side of the patio is noticeably shifting. On either side of this patio, there is a naturalized area outside of the fence. However, much of the understory is invasive and non-native species. Invasive and non-native species found on or near this coastal bank include autumn olive (Elaeagnus umbellata), beach rose (Rosa rugosa), English ivy (Hedera helix), and oriental bittersweet (Celastrus orbiculatus). Native species on the property include northern bayberry (Myrica pensylvanica), and most of the trees. These native trees include black oak (Quercus velutina), black cherry (Prunus serotina), and eastern white pine (Pinus strobus). The existing coastal bank form is relatively short in height, but in the southeastern part of the property it is steeply sloped, and has been scoured by wave activity. A steep bank like this can exacerbate scour which can undermine the stability of the bank and cause slumping. PROPOSED ACTIVITIES Wave action is eroding the coastal bank on the property, and it is threatening the stability of the upland. To address this issue, a fiber roll array will be installed on the bank, and covered with sacrificial nourishment. This fiber roll array will consist of 5 rows of fiber rolls at its tallest, arranged at a 2:1 slope. The bottom of the array is buried in the beach at approximately elevation 2 to protect the toe of the bank. The top of the array will reach to approximately elevation 7, the top of the coastal bank. The southern side of the array will only require 3 rows, ranging from approximately elevation 2.75 to approximately elevation 6.2. The scarp in this area is not as severe as it is elsewhere. Beach nourishment sand will cover the rolls, and be replaced as needed. Hightide bush (Iva frutescens) and plugs of American beachgrass (Ammophila breviligulata), spike grass (Distichlis spicata), switchgrass (Panicum virgatum), seaside goldenrod (Solidago sempervirens), and salt meadow cordgrass (Spartina patens) will be planted in the project area to provide greater stability. The patio on the top of the coastal bank is noticably slumping due to erosion. This patio will be reinforced or reconstructed in kind if some portion needs to be removed during the installation of the fiber roll array. The steps on the coastal bank, connecting this patio to the beach, are in grade. As such they will need to be removed to accomodate the fiber roll array. A raised set of stairs is proposed to replace them after the fiber rolls are installed. Due to the patio repairs and stair replacement in the 35’ Buffer to the top of the coastal bank, a mitigation area is proposed in accordance with the wetland protection regulations (Town of Yarmouth Wetland Protection Regulations 6.02-3). This area will be inbetween the fence and the top of the bank. Invasive species will be removed, such as autumn olive (Elaeagnus umbellata), beach rose (Rosa rugosa), English ivy (Hedera helix), and oriental bittersweet (Celastrus orbiculatus). Native shrubs in the area will remain and be managed to encourage new dense growth. In addition native species will be planted including sweet fern (Comptonia peregrina), swamp rose-mallow (Hibiscus grandiflorus), beach plum (Prunus maritima), and native roses (Rosa virginia or carolina). 4 SCARP ON COASTAL BANK BELOW PATIO EROSION ON BANK IN BETWEEN PUBLIC DOCK AND PATIO NOTE CANTILEVERED TREE TO BE REMOVED 5 IMPACT OF EROSION ON EXISTING PATIO ABOVE THE COASTAL BANK EXISTING IN GRADE STEPS TO REPLACED WITH ELEVATED STAIRS 6 PROJECT ACTIVITY TIMELINE INITIAL FIBER ROLL INSTALLATION •Complete all initial implementation work (fiber roll array & elevated staircase) prior to storm season, if possible, given availability of materials, contractor schedule, etc. •Establish a limit of work prior to beginning any work. No work is to occur below Mean High Water. •See the Shoreline Stabilization Plan for more information on construction and equipment access. NOURISHMENT (WINTER/EARLY SPRING) •Nourish array in accordance with the plans. •Install planting according to Shoreline Stabilization & Restoration Plan specifications. INITIAL INVASIVE SPECIES MANAGEMENT (TO BE COMPLETED AT SAME TIME AS FIBER ROLL INSTALLATION) •Remove all approved vegetation with the aid of small tracked equipment, where feasible. •Dispose of all resulting debris off-site. •Seed and blanket and/or hydroseed with tackifier throughout the restoration area with specified seed mixes. RESTORATION PLANTING •Plantings to be installed after invasive species are approximately 80% controlled. •Plantings to be installed in the spring or fall unless a temporary, above-ground irrigation system has already been installed and a water supply is available immediately upon planting. •If feasible, install a temporary, above-ground irrigation system to provide supplemental water to all plantings for 2-3 growing seasons or until plants are fully established. MAINTENANCE OF RESTORATION AREA •Begin maintenance treatments (selective foliar and hand weeding) in April/May to target cool season species. •Cool season grasses may need to be flail mowed or trimmed in June/July to encourage establishment of warm season species. •Continue maintenance treatments through the summer into September/October. MAINTENANCE OF FIBER ROLL ARRAY •Monitor project area and perform assessments after a significant weather event to determine how the installation is performing and if any changes or additions to the installation are necessary •Nourish the installation with compatible sediment as necessary to maintain design profiles as shown on the plan. Nourishment needs may vary from year to year for volume and frequency. •Any areas of the installation or componeneds that are damaged, degraded, or exposed will either be repaired/replaced or the exposed portions will be removed. 7 OBSERVED PLANT SPECIES IN PROJECT AREA NATIVE SPECIES OBSERVED Native to Barnstable County: Myrica pensylvanica Northern Bayberry Prunus serotina Black Cherry Pinus strobus Eastern White Pine Quercus velutina Black Oak Aggressive Species: Toxicodendron radicans Poison ivy INVASIVE & NON-NATIVE SPECIES OBSERVED Elaeagnus umbellata Autumn Olive Rosa rugosa Beach Rose Hedera helix English Ivy Celastrus orbiculatus Oriental Bittersweet 8 Performance Standards Narrative 88 Route 6A, Suite 2B Sandwich MA 508.477.1346 info@crawfordlm.com WWW.CRAWFORDLM.COM PREPARED FOR 27 Aunt Edith Road South Yarmouth, MA 02664 DATE July 23rd, 2025 9 310 CMR 10.00: The Wetlands Protection Act 10.27: Coastal Beaches (3) Any project on a coastal beach, except any project permitted under 310 CMR 10.30(3)(a), shall not have an adverse effect by increasing erosion, decreasing the volume or changing the form of any such coastal beach or an adjacent or downdrift coastal beach. This project is intended to reduce erosion and increase the resilience of the coastal beach by restoring the coastal bank landform. 100% biodegradable coir fiber rolls will stabilize the landform to reduce erosion, and supplemental annual nourishment will help preserve the beach elevation and form. (4) Any groin, jetty, solid pier, or other such solid fill structure which will interfere with littoral drift, in addition to complying with 310 CMR 10.27(3), shall be constructed as follows: N/A. No solid fill structure is proposed. (5) Notwithstanding 310 CMR 10.27(3), beach nourishment with clean sediment of a grain size compatible with that on the existing beach may be permitted. Nourishment is proposed using clean sediment with a grain size compatible with that on the existing beach. (7) Notwithstanding the provisions of 310 CMR 10.27(3) through (6), no project may be permitted which will have any adverse effect on specified habitat sites or rare vertebrate or invertebrate species, as identified by procedures established under 310 CMR 10.37. No specified habitat sites of rare vertebrate or invertebrate species is identified on site. 10.30: Coastal Banks (3) No new bulkhead, revetment, seawall, groin or other coastal engineering structure shall be permitted on such a coastal bank except that such a coastal engineering structure shall be permitted when required to prevent storm damage to buildings constructed prior to the effective date of 310 CMR 10.21 through 10.37 or constructed pursuant to a Notice of Intent filed prior to the effective date of 310 CMR 10.21 through 10.37 (August 10, 1978), including reconstructions of such buildings subsequent to the effective date of 310 CMR 10.21 through 10.37, provided that the following requirements are met: N/A. No coastal engineering structure is proposed. (4) Any project on a coastal bank or within 100 feet landward of the top of a coastal bank, other than a structure permitted by 310 CMR 10.30(3), shall not have an adverse effect due to wave action on the movement of sediment from the coastal bank to coastal beaches or land subject to tidal action. The coastal bank will be stabilized with biodegradable coir fiber rolls in order to preserve and protect the shoreline. However, these features will be covered with sacrificial nourishment, which will be able to move to coastal beaches and land subject to tidal action. Sediment supply will not be diminished as a result of proposed work. The fiber rolls will also be planted with native species. 10 (5) The Order of Conditions and the Certificate of Compliance for any new building within 100 feet landward of the top of a coastal bank permitted by the issuing authority under M.G.L. c. 131, § 40 shall contain the specific condition: 310 CMR 10.30(3), promulgated under M.G.L. c. 131, § 40, requires that no coastal engineering structure, such as a bulkhead, revetment, or seawall shall be permitted on an eroding bank at any time in the future to protect the project allowed by this Order of Conditions. Noted (6) Any project on such a coastal bank or within 100 feet landward of the top of such coastal bank shall have no adverse effects on the stability of the coastal bank. The stability of the bank will ultimately be improved by proposed work. Coir fiber rolls will help protect and/or stabilize the coastal bank from erosion and scour until native plants establish. (7) Bulkheads, revetments, seawalls, groins or other coastal engineering structures may be permitted on such a coastal bank except when such bank is significant to storm damage prevention or flood control because it supplies sediment to coastal beaches, coastal dunes, and barrier beaches. N/A. No coastal engineering structure is proposed. (8) Notwithstanding the provisions of 310 CMR 10.30(3) through (7), no project may be permitted which will have any adverse effect on specified habitat sites of rare vertebrate or invertebrate species, as identified by procedures established under 310 CMR 10.37. No specified habitat sites of rare vertebrate or invertebrate species is identified on site. 10.32: Salt Marshes (3) A proposed project in a salt marsh, on lands within 100 feet of a salt marsh, or in a body of water adjacent to a salt marsh shall not destroy any portion of the salt marsh and shall not have an adverse effect on the productivity of the salt marsh. Alterations in growth, distribution and composition of salt marsh vegetation shall be considered in evaluating adverse effects on productivity. 310 CMR 10.32(3) shall not be construed to prohibit the harvesting of salt hay. No portion of the salt marsh will be destroyed or adversly effected by proposed work. No work is proposed within the salt marsh. (4) Notwithstanding the provisions of 310 CMR 10.32(3), a small project within a salt marsh, such as an elevated walkway or other structure which has no adverse effects other than blocking sunlight from the underlying vegetation for a portion of each day, may be permitted if such a project complies with all other applicable requirements of 310 CMR 10.21 through 10.37. N/A. No small project is proposed within a salt marsh. (5) Notwithstanding the provisions of 310 CMR 10.32(3), a project which will restore or rehabilitate a salt marsh, or create a salt marsh, may be permitted in accordance with 310 CMR 10.11 through 10.14, 10.24(8), and/or 10.53(4). N/A. No restoration or rehabilitation of a salt marsh is proposed. 11 (6) Notwithstanding the provisions of 310 CMR 10.32(3) through (5), no project may be permitted which will have any adverse effect on specified habitat sites of Rare Species, as identified by procedures established under 310 CMR 10.37. No specified habitat sites of rare vertebrate or invertebrate species is identified on site. 10.58 Riverfront Area (4) General Performance Standard. Where the presumption set forth in 310 CMR 10.58(3) is not overcome, the applicant shall prove by a preponderance of the evidence that there are no practicable and substantially equivalent economic alternatives to the proposed project with less adverse effects on the interests identified in M.G.L. c.131 § 40 and that the work, including proposed mitigation, will have no significant adverse impact on the riverfront area to protect the interests identified in M.G.L. c. 131 § 40. In the event that the presumption is partially overcome, the issuing authority shall make a written determination setting forth its grounds in the Order of Conditions and the partial rebuttal shall be taken into account in the application of 310 CMR 10.58 (4)(d)1.a. and c.; the issuing authority shall impose conditions in the Order that contribute to the protection of interests for which the riverfront area is significant. (a) Protection of Other Resource Areas. All performance standards for other resource areas are met or exceeded. (b) Protection of Rare Species. No specified habitat sites of rare vertebrate or invertebrate species is identified on site. The proposed project will result in an increase in native species diversity and wildlife habitat. (c) Practicable and Substantially Equivalent Economic Alternative See attached alternatives analysis. (d) No Significant Adverse Impact. The proposed project has no significant adverse impact on the riverfront area. The hardscape is only repairing or removing and replacing the existing hardscape in the riverfront area, it increases native vegetation and nourishes the beach in the riverfront area, and it reduces erosion potential. 12 TOWN OF YARMOUTH WETLAND PROTECTION REGULATIONS 4.03 Coastal Beach Any activity which is allowed on a coastal beach or tidal flat or within 100 feet of a coastal beach or tidal flat shall not have an adverse effect on the coastal beach or tidal flat by: (a) Affecting the ability of the waves to remove sand from the beach or tidal flat; No proposed work will affect the ability of the waves to remove sand from the beach. The project proposes nourishment which will be able to move to coastal beaches and land subject to tidal action. Sediment supply will not be diminished as a result of proposed work. (b) Disturbing the vegetative cover, if any, so as to destabilize the beach or tidal flat; Approved at Public Meeting October 17, 2024 and published October 31, 2024 Any vegetation disturbed during the installation process will be replaced with native salt marsh species and the soil stabilized to protect from erosion. (c) Causing any modification of the beach or downdrift beach that would increase the potential for storm or flood damage; N/A. Project will not increase the potential for storm or flood damage. (d) Interfering with the natural movement of the beach or tidal flat; N/A. Project will not interfere with the natural movement of the beach. (e) Causing artificial removal of sand from the beach or downdrift beach; N/A. No removal of sand is proposed, and area will be nourished with compatible sediment after installation. (f) Removing seaweed or substrate from the coastal beach in the intertidal zone (between MLW and MHW) that provides valuable habitat and potential for sandaccretion, unless deemed a public health emergency by the Director of Health. N/A. No work will take place within the intertidal zone. 4.05 Coastal Bank (a) No new bulkhead, revetment, seawall, groin or other coastal engineering structure shall be permitted on a coastal bank that provides significant sediment to an adjacent or downdrift coastal beach; except that such a coastal engineering structure shall be permitted when required to prevent storm damage to buildings constructed prior to August 10, 1978, including re-construction of such buildings subsequent to the effective date of these regulations, provided that the following requirements are met: N/A. No coastal engineering structure is proposed. (b) Any project on a coastal bank or within 100 feet of the top of a coastal bank, other than a structure permitted under section 4.05, (3), (a), shall not have an adverse effect due to wave action on the movement of sediment from the coastal bank to coastal 13 beaches or land subject to tidal action or flooding, and shall not have an adverse effect on the stability of a coastal bank. The coastal bank will be fronted by biodegradable coir fiber rolls in order to preserve and protect the shoreline, and to enhance the stability of the bank. However, these features will be covered with sacrificial nourishment, which will be able to move to coastal beaches and land subject to tidal action. Sediment supply will not be diminished as a result of proposed work. 4.06 Salt Marshes (a) A proposed project in a salt marsh, on land within 100 feet from a salt marsh, or in a body of water adjacent to a salt marsh shall not destroy any portion of the salt marsh and shall not have an adverse effect on the productivity of the salt marsh. Alterations in growth, distribution and composition of salt marsh vegetation shall be considered in evaluating adverse effects on productivity. No portion of the salt marsh will be destroyed or adversly effected by proposed work. No work is proposed with in the salt marsh. Any vegetation disturbed during the installation process within 100’ of the marsh will be replaced with native species. (b) Notwithstanding the provisions of section 4.06, (3), (a), a small project within a salt marsh, such as an elevated walkway or other structure which has no adverse effects other than blocking sunlight from the underlying vegetation for a portion of each day, may be permitted if such a project complies with all other applicable requirements of these regulations. N/A. No small project is proposed within a salt marsh. (c) Notwithstanding the provisions of section 4.06, (3), (a), a project which will restore or rehabilitate may be permitted; provided, however, that this section shall not be construed to allow the alteration of one salt marsh on a given site by or contingent upon the creation or restoration of another. N/A. No restoration or rehabilitation of a salt marsh is proposed. 14 ALTERNATIVES ANALYSIS The project as proposed is located within a riverfront area, and as such requires an analysis of practicable and substantially equivalent economic alternatives. One alternative is to leave the bank in it’s current condition. In this case the small increase in coverage on the bank (which results from the removal and replacement of the stairs) can be avoided. However, the existing steps are unsafe, and pose a risk to the homeowners that use them, whereas the replacement stairs will provide safe access to the waterfront. In this scenario, the bank will continue to erode away as it is currently. Eventually the stairs, fence, and patio may fall into the beach, and become marine debris or navigational hazards. Trees have already begun to fall off the bank due to this erosion, damaging it even further. This issue of marine debris may be avoided with the removal of the patio and stairs. However, the removal of these hardscape elements will create more disturbance in the buffer zone to the top of the coastal bank than leaving them in place will. In addition, without the proposed mitigation work, the coastal bank will continue to be occupied with non-native and invasive shrubs. The mitigation work and planting proposed is far more beneficial for local biodiversity. Offering beach nourishment may temporarily slow erosion on the bank, but even with near constant upkeep it will not offer enough protection to prevent the issues described above as nourishment is purposefully sacrificial. The near constant replenishment it would require would not be economic for the applicant nor would it be desirable for the other houses on the street. Furthermore, it will result in more, repetitive disturbance on the bank and beach. The project as proposed is the best option for native biodiversity, and ensuring the stability of the bank and upland areas, without substantial changes to the existing use and maintenance of the property.