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HomeMy WebLinkAboutCOC request 8.14.2025Rev 6/2025 Administrative Checklist Certificate of Compliance General Information: •All filings must be made on Town of Yarmouth forms. •All applications must be submitted two weeks prior to the next scheduled Conservation Commission meeting. Refer to Meeting Schedule. •Failure to follow the Administrative Checklist shall result in an Administrative Incomplete Application and will not be scheduled for a Public Hearing. •Contact the Conservation Office if you need assistance. Submitting an Application: ______ ______ Hardcopy of the COC application mailed to or dropped off at the Conservation office in Town Hall. Signed statement from an Engineer or similar professional to who prepared the approved plan stating the date of a recent site inspection and certifying compliance with the permit and outlining departures from the approved plan, if any exist. As-Built plan – *Refer to issued Order of Conditions: Special Conditions to determine if required*. Pdf of the COC request including application, letter, & as-built plan if needed emailed to bdirienzo@yarmouth.ma.us and jjerolimo@yarmouth.ma.us Local filing fee. Refer to Fee Schedule. Make check payable to “Town of Yarmouth” and include property address in memo. All forms, Fee Schedule and Meeting schedule can be found at https://www.yarmouth.ma.us/696/Filing-Forms. *Chech the Yarmouth Street Index for parcel-related Conservation documents. Yarmouth Conservation Commission • 1146 Route 28 • South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 • Fax (508)-398-0836 • TTD# (508) 398-2231 • bdiriezno@yarmouth.ma.us CONSERVATION OFFICE August 13th, 2025 Yarmouth Conservation Commission Attn: Brittany DiRienzo, Conservation Agent Town of Yarmouth 1146 Route 28 South Yarmouth, MA 02664 Re: Request to issue Certificate of Compliance for SE 83-2214 Project Address: 27 Aunt Edith’s Road, Yarmouth, MA Dear Ms. DiRienzo and Yarmouth Conservation Commission Crawford Land Management (CLM) would like to respectfully request on behalf of the applicants, Lance and Pamela Willsey, that a Certificate of Compliance be issued for the permit under SE 83-2214 at 27 Aunt Edith’s Road in Yarmouth. The following supporting documents are included for your reference as part of this request. 1. WPA Form 8A – Request for Certificate of Compliance 2. Certification Letter by Crawford Land Management dated 8/13/2025 3. Survey by Merrill Engineers and Land Surveyors dated 3/7/2025 4. Previously approved project proposal 5. Previously Approved Landscape Plan dated 01/09/2020 6. Order of Conditions dated 01/23/2020 If you should have any questions, please do not hesitate to contact me at dillon@crawfordlm.com or (508) 477-1346. Respectfully, Dillon Lance wpaform8a.doc •• rev. 5/29/14 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 8A – Request for Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-law, Chapter 143 DEP File Number: SE83-2214 Provided by DEP A. Project Information Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. 1. This request is being made by: Lance & Pamela Willsey Name 1 Newbrook Circle Mailing Address Chestnut Hill City/Town MA State 02167 Zip Code Phone Number 2. This request is in reference to work regulated by a final Order of Conditions issued to: Lance & Pamela Willsey Applicant 01/23/2020 Dated SE83-2214 DEP File Number Upon completion of the work authorized in an Order of Conditions, the property owner must request a Certificate of Compliance from the issuing authority stating that the work or portion of the work has been satisfactorily completed. 3. The project site is located at: 27 Aunt Edith's Road Street Address South Yarmouth City/Town 51 Assessors Map/Plat Number 97 Parcel/Lot Number 4. The final Order of Conditions was recorded at the Registry of Deeds for: Property Owner (if different) Barnstable County 25265 Book 42 Page Certificate (if registered land) 5. This request is for certification that (check one): the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. the following portions of the work regulated by the above-referenced Order of Conditions have been satisfactorily completed (use additional paper if necessary). the above-referenced Order of Conditions has lapsed and is therefore no longer valid, and the work regulated by it was never started. wpaform8a.doc •• rev. 5/29/14 Page 2 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 8A – Request for Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-law, Chapter 143 DEP File Number: SE83-2214 Provided by DEP A. Project Information (cont.) 6. Did the Order of Conditions for this project, or the portion of the project subject to this request, contain an approval of any plans stamped by a registered professional engineer, architect, landscape architect, or land surveyor? Yes If yes, attach a written statement by such a professional certifying substantial compliance with the plans and describing what deviation, if any, exists from the plans approved in the Order. No B. Submittal Requirements Requests for Certificates of Compliance should be directed to the issuing authority that issued the final Order of Conditions (OOC). If the project received an OOC from the Conservation Commission, submit this request to that Commission. If the project was issued a Superseding Order of Conditions or was the subject of an Adjudicatory Hearing Final Decision, submit this request to the appropriate DEP Regional Office (see http://www.mass.gov/eea/agencies/massdep/about/contacts/find-the-massdep-regional-office- for-your-city-or-town.html). August 13th, 2025 Yarmouth Conservation Commission Attn: Brittany DiRienzo, Conservation Agent Town of Yarmouth 1146 Route 28 South Yarmouth, MA 02664 Re: Request to issue Certificate of Compliance for SE 83-2214 Project Address: 27 Aunt Edith’s Road, Yarmouth, MA Dear Ms. DiRienzo and Yarmouth Conservation Commission Crawford Land Management (CLM) would like to respectfully request on behalf of the applicants, Lance and Pamela Willsey, that a Certificate of Compliance be issued for the permit under SE 83-2214 at 27 Aunt Edith’s Road in Yarmouth. Based on our site observations, the proposed landscape improvements and associated mitigation have been completed in substantial compliance with the approved Order of Conditions and all approved project documents. This permit was issued in January of 2020, and approved the replanting of much of the landscape beds with native plants, which the commission considered mitigation for the proposed expansion of hardscape areas and the driveway. The Approved Landscape Plan dated 01-09-2020 permitted the expansion of hardscape landscape elements. This included the replacement of a previously existing patio with a larger one made of permeable pavers, new walkways, a new seating area, and the expansion of the gravel driveway. Based on our calculations, the approved documents allowed for 7,251 +/- square feet of hardscape, and in a survey completed by Merrill Engineers & Land Surveyors in 2024 there was 7,013 +/- square feet of hardscape. This is 238 +/- square feet less coverage than had been approved. Most of this decrease in coverage was achieved by decreasing the size of the approved addition to the driveway, as well as decreasing the size of the approved patio in the rear. A pergola that is on the approved landscape plan was not built. The fence is in a slightly different place, being further from the coastal bank along the firepit/patio on the southern side, and closer to it on the northern side along the walkway to the association dock, but still within an area that was all lawn. The native plantings on the property that were counted as mitigation totaled 6,650 +/- square feet, constituting a mitigation ratio of 6.6 to 1 as described in the approved mitigation details on file with Yarmouth conservation. This area is shown on an attached diagram (note that this document, as well as the NOI filed for permit SE83-2214 indicate that much of the hardscape additions outside of the driveway were permitted as Minor Exempt Activities and as such did not require mitigation). In the 2024 survey by Merrill Engineers & Land Surveyors, it was found that 6,600 +/- square feet were provided. Increases came largely from eliminating most of the lawn in the front of the house, adjacent to the driveway. However, the fence near the patio was constructed further from the coastal bank, and planting only occurred on the landward side of the fence with the water side being left as the naturalized area it was. This offset the increased mitigation at the front of the house. These areas are also shown in an attached diagram. The built condition reflects less hardscape than had been approved, and with that a greater mitigation ratio (8:1) than was originally proposed and approved. Note an NOI has been filed that includes supplemental planting in some portions of the mitigation area (adjacent to the fence and firepit/patio) with native species. This will further increase native biodiversity in the mitigation areas closest to the coastal bank. We hope you agree with our assessment that the landscape improvements and corresponding mitigation has been successfully completed in substantial compliance with the approved documents. Representative current photos of the project area are included below. If you should have any questions, please do not hesitate to contact me at dillon@crawfordlm.com or (508) 477-1346. Respectfully, Dillon Lance Mitigation plantings adjacent to driveway extension (shown as lawn in Approved Landscape Plan dates 01-09-20). Photo taken 8-13-2025. Approved mitigation plantings, including smooth and oakleaf hydrangea (Hydrangea arborescens and quercifolia), clethra (Clethra alnifolia), and magnolia trees (Magnolia grandiflora) per the approved plan. Photo taken 8-13-2025. Area labeled as “Additional Proposed Planted Areas” on Approved Landscape Plan containing Clethra alnifolia. This is included in area to receive supplemental plantings. Photo taken 8-13-2025. Mitigation area adjacent to firepit/patio and fence. It is smaller than originally proposed as fence was moved closer to the house. This is included in the area to receive supplemental plantings. Photo taken 8-13-2025. Patio built smaller than proposed. Approved landscape plan dated 01-09-20 show it extending for the length of the sunroom. Note absence of pergola. Photo taken 8-13-2025. GGLOT 5AUNTEDITH'SROAD~PRIVATE-20'WIDE~AS-BUILT MITIGATION AREAS = 6,600 SFORIGINALLY PROPOSED MITIGATION AREAS = 6,650 SFAS-BUILT HARDSCAPE = 7,013 SFORIGINALLY PROPOSED HARDSCAPE = 7,251 SF G G G GLOT 5 PARCEL ID: 51-98#17 AUNT EDITHS RDN/F ROY WILSCHUTREVOCABLE LIVING TRUSTBOOK: 27574 PAGE: 0012 PARCEL ID: 51-102.1#12 JESSIES LNN/F MARK HAGGERTY &JEANNE RUSSO-HAGGERTY BOOK: 29181PAGE: 0029 PARCEL ID: 51-95 #28 AUNT EDITHS RDN/F STEPHEN GATTOBOOK: 33081PAGE: 350 BASS RIVER PARCEL ID: 51-96AUNT EDITHS RDN/F AUNT EDITH'S ROADASSOCIATION, INC.BOOK: 6529PAGE: 0017 A U N T E D I T H 'S ROAD~P R I V A T E -2 0 'W I D E ~ G ENVIRONMENTAL NOTES: ZONING REQUIREMENTS RECORD OWNER: NOTES: FLOOD NOTE: LOCUS © PROJECT PROPOSAL • Proposed Landscape Improvement Work consisting of Planting of Vegetation = No increase in degraded Riverfront Area • Proposed Hardscapes (new degraded area) consisting of: New Patio & walkways = 1,605 sq. ft. Driveway Extension = 1,002 sq.ft. Total of 2,607 sq. ft. or 7.6% Please note that proposed patio and walkways at this site should be considered Minor Exempt Activities for work within the Riverfront Area since the proposed new walkways and patios are located more than 50 feet from the Mean High Water line and occur within existing maintained lawn areas on a property that predates the Riverfront Regulations. Only the proposed driveway extension project of 1,002 sq. ft. should be considered new degraded Riverfront Area, which is 2.9% of the Riverfront Area at the site. • Proposed Pergola = No increase in degraded Riverfront Area • Mitigation of approximately 6,030 sq. ft. originally proposed. Revised to add approximately 620 sq. ft. Total mitigation proposal is 6,650 square feet. Mitigation Ratios Mitigation for driveway extension is 6.6 to 1 Mitigation if Riverfront Exemptions are ignored is 2.6 to 1