HomeMy WebLinkAboutNOI 9.18.2025939 main street rte 6a yarmouth port mass 02675 down cape engineering, inc civil engineers & land surveyors TRANSMITTAL September 18, 2025 FROM: Heather Cornell hcornell@downcape.com Yarmouth Conservation RE: 37 Indian Memorial Drive Notice oflntent DCE#25-048 Duval Method of Delivery: Email; In person drop off tel. (508) 362-4541 fax (508) 362-9880 Please find attached documents to support a Notice of Intent at 37 Indian Memorial Drive in South Yarmouth, including: • Administrative checklist • WP A form 3, including fee transmittal and eDEP submittal receipt • Project narrative • BVW Forms, 4 pages • Site Photos, 5 pages • Abutter list • Abutter notice • Certified mail receipts • Site Plan of 37 Indian Memorial Dr, dated 9/9/2025, 1 original, 7 copies • Filing fees CC: File -
~tudilte ~t A!o.tice 4 :Intent (jmeud, Jnj<punatio.n: CONSERVATION OFFICE All filings must be made on Town of Yarmouth forms. The filing deadline is two weeks prior to the next scheduled Conservation Commission meeting for new applications. Failure to follow this Checklist shall result in an Administratively Incomplete Application and will not be advertised for a Public Hearing. Refer to the meeting schedule. Contact the Conservation Office if you need assistance. S uDmitting an llppficaticm: _n_/a __ Does the property have any outstanding/expired Orders of Conditions? If so, please file a Request for Certificate of Compliance for each outstanding/expired Order, as the Commission may not issue a new Order until any outstanding/expired Orders have been closed and recorded. (*see page 2) Hardcopy filing dropped off or mailed to the Conservation Office including: ✓ 1 Administrative Checklist ✓ 1 complete NOi application WPA form 3 with original signatures. Typed signatures will not be accepted. ✓ Detailed narrative of the project including existing & proposed conditions, construction sequence, type of equipment, staging locations, drainage and stormwater, erosion controls, invasive species management and alternative analysis. The narrative shall include how the project meets performance standards per 310 CMR 10.0 & TOY Wetland Regulations, delineation sheets (if BVW or vegetated wetlands are present) or other resource area calculations, and supporting information. ✓ 1 100' radius map, current abutters list identifying the property owners who are to be notified per 310 CMR 10.00 and abutter notification form. Abutters list must be certified by the Town Assessor's office. The Assessor's office requires 7 days advance notice. All abutters must be notified via certified mail. ✓ Certified Mail Receipts (PS Form 3800) for all abutters. Green cards to be submitted at the hearing. ✓ 1 original and 7 copies of the plan, folded separately, right side out with title and project address visible. All plans shall reference NAVD1988 unless otherwise noted. See plan requirements ✓ Yarmouth's share of State filing fee: Separate check made payable to "Town of Yarmouth" (refer to NOi Wetland Fee Transmittal Form) ✓ By-law filing fee: ✓ Legal ad fee: Separate check made payable to "Town of Yarmouth" Separate check made payable to "Town of Yarmouth" Please list project property's street address on checks. Refer to Fee Schedule _n_la __ DEP share of the fee (refer to NOi form) shall be sent to: Dept. of Environmental Protection Box4062 Rev 6/2025 Boston, MA 02211 Yarmouth Conservation Commission • 1146 Route 28 South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 Page 1 of 2
DEP Submittal and Digital filing ✓ If you are filing with MassDEP using eDEP, please include a copy of the submittal confirmation with your application. n/a If not filing via eDEP, a PDF of your application, plan, and all other supporting information must be sent VIA EMAIL the same day to DEP, Southeast Region at SERO NOl@mass.gov with the subject line in the email per DE P's request listed as "YARMOUTH -NOi -Street Address -Applicant Name" and copied bdirienzo@yarmouth.ma.us and jjerolimo@yarmouth.ma.us. We must receive a copy of this email with the application as proof that it has been submitted to DEP. Initial below ✓ I CERTIFY that all on-site requirements will be completed by noon on the Friday prior to the hearing date. All proposed structures must be staked, and all relevant resource areas and buffer zones must be staked or flagged. Please consult the Yarmouth Wetland Regulations, page 17. Without proper staking your project may be deemed incomplete and be continued to the next hearing date. ✓ I understand that in person representation is required at the scheduled hearing to present to the conservation commission If Applicable _n_/a __ Certified Mail Receipt for Massachusetts Natural Heritage and Endangered Species Program _n_/a __ Certified Mail Receipt for Massachusetts Division of Marine Fisheries. If filing via email, CC bdirienzo@yarmouth.ma. us and jjerolimo@yarmouth.ma. us _n_/a __ Waterway's jurisdiction -Any coastal projects such as, but not limited to, docks, piers, bulkheads, revetments, dredging and boardwalks shall require submittal of all Notice of Intent, plans and supplemental information to the Town of Yarmouth Waterways/Shellfish Committee via the Natural Resources office by certified mail or hand delivery. The applicant or his/her representative must provide the Conservation office with proof that this has been done or the filing will not be accepted. Other Requirements o Does the proposed project meet the applicable regulations of the Town of Yarmouth Zoning bylaws? Do you need to file with the Yarmouth Board of Appeals? If so, you must file with ZBA after conservation permitting is completed. o If a vacant lot, have you completed and received a determination for the Building Department for a lot inquiry form? *To view all Conservation files/permits for the property address online, go to www.yarmouth.ma.us/LF Rev 6/2025 Yarmouth Conservation Commission • 1146 Route 28 South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 Page 2 of 2
Massachusetts Department of Environmental Protection eDEP Transaction Copy Here is the file you requested for your records. To retain a copy of this file you must save and/or print. Username: DOWNCAPE Transaction ID: 1935008 Document: WPA Form 3 -NOi Size of File: 273.37K Status of Transaction: In Process Date and Time Created: 9/17/2025:3:22:24 PM Note: This file only includes forms that were part of your transaction as of the date and time indicated above. If you need a more current copy of your transaction, return to eDEP and select to "Download a Copy" from the Current Submittals page.
~ Massachusetts Department of Environmental Provided by MassDEP: ---Protection MassDEP File#: -.....: Bureau of Resource Protection -Wetlands \ WPA Form 3 -Notice of Intent eDEP Transaction#: 1935008 City/fown:Y ARMOUTH Massachusetts Wetlands Protection Act M. G .L. c. 131, §40 A.General Information 1. Project Location: a. Street Address 37 INDIAN MEMORIAL DRIVE b. City/Town d. Latitude f. Map!Plat # 2. Applicant: YARMOUTH 41.66927N 69 P' Individual r Organization a. First Name STEPHEN R & KIMBERLY L c. Organization d. Mailing Address 727 PARK HILL ROAD e. City/fawn FLORENCE f. State c. Zip Code e. Longitude g.Parcel/Lot # b.Last Name DUY AL MA g. Zip Code O 1062 02664 70.19606W 4 h.PhoneNumber 413-575-7210 i.Fax j. Email DUV AL22@COMCAST.NET 3 .Property Owner: r more than one owner a. First Name c.Organization d. Mailing Address e. City/fawn STEPHEN R & KIMBERLY L 727 PARK HILL ROAD FLORENCE f.State b. Last Name DUVAL MA g. Zip Code O I 062 h. Phone Number 413-575-7210 i.Fax j.Email DUV AL22@COMCAST.NET 4.Representative: a. First Name c. Organization d. Mailing Address DANIELA b. Last Name DOWN CAPE ENGINEERING, INC 939ROUTE6A OJALAPEPLS g. Zip Code 02675 e. City/Town h.Phone Number YARMOUTHPORT 508-362-4541 f. State MA i.Fax j.Email INFO@DOWNCAPE.COM 5.Total WPA Fee Paid (Automatically inserted from NOI Wetland Fee Transmittal Form): a.Total Fee Paid 220.00 b.State Fee Paid 97.50 c.City/Town Fee Paid 122.50 6.General Project Description: REPLACEMENT OF LANDSCAPE STEPS, CONSTRUCTION OF A DECK, AND SELECTIVE PRUNING OF VEGETATION TO ESTABLISH A VISTA CORRIDOR FOR VIEWS OF LONG POND. ?a.Project Type: 1. P' Single Family Home 3. r Limited Project Driveway Crossing 5 .r Dock/Pier 7. r Coastal Engineering Structure 9 .r Transportation 2. r Residential Subdivision 4. r Commercial/Industrial 6. r Utilities 8. r Agriculture (eg., cranberries, forestry) 10. r Other To.Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 (coastal) or 310 Page 1 of7 * ELECTRONIC COPY
~ Massachusetts Department of Environmental ---Protection · Bureau of Resource Protection -Wetlands \ WPA Form 3 -Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 CMR 10.53 (inland)? If yes, describe which limited project applies to this project: 2. Limited Project 8.Property recorded at the Registry of Deeds for: a.County: b.Certificate: BARNSTABLE c.Book: 36544 B. Buffer Zone & Resource Area Impacts (temporary & permanent) I.Buffer Zone & Resource Area Impacts (temporary & permanent): Provided by MassDEP: MassDEP File#: eDEP Transaction#: 1935008 City/fown:Y ARMOUTH d.Page: 58 P' This is a Buffer Zone only project -Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland, Inland Bank, or Coastal Resource Area. 2.Inland Resource Areas: (See 310 CMR 10.54 -10.58, if not applicable, go to Section B.3. Coastal Resource Areas) Resource Area a.rBank b. r Bordering Vegetated Wetland c.r Land under Waterbodies and Waterways d. r Bordering Land Subject to Flooding e.r Isolated Land Subject to Flooding t:r Riverfront Area 2. Width of Riverfront Area (check one) Size of Proposed Alteration Proposed Replacement (if any) 1. linear feet 2. linear feet I. square feet 2. square feet I. Square feet 2. square feet 3. cubic yards dredged 1. square feet 2. square feet 3. cubic feet of flood storage lost 4. cubic feet replaced I. square feet 2. cubic feet of flood storage lost 3. cubic feet replaced I. Name of Waterway (if any) r 25 ft. -Designated Densely Developed Areas only r 100 ft. -New agricultural projects only r 200 ft. -All other projects 3. Total area of Riverfront Area on the site of the proposed project 4. Proposed Alteration of the Riverfront Area: a. total square feet b. square feet within 100 ft. c. square feet between 100 ft. and200 ft. square feet Page 2 of7 * ELECTRONIC COPY
~ Massachusetts Department of Environmental -Protection Bureau of Resource Protection -Wetlands \ WPA Form 3 -Notice of Intent Massachusetts Wetlands Protection Act M. G .L. c. 131, §40 5. Has an alternatives analysis been done and is it attached to this NOi? 6. Was the lot where the activity is proposed created prior to August I, 1996? Provided by MassDEP: MassDEP File#: eDEP Transaction#: 1935008 City/Town:Y ARMOUTH rYesrNo rYesrNo 3.Coastal Resource Areas: (See 310 CMR 10.25 -10.35) Resource Area Size of Proposed Alteration Proposed Replacement (if any) a.r Designated Port Areas b.r Land Under the Ocean Indicate size under 1. square feet 2. cubic yards dredged Land under the ocean below, c.r Barrier Beaches d. r Coastal Beaches Indicate size under Coastal Beaches and/or Coatstal Dunes, below 1. square feet 2. cubic yards beach nourishment e. r Coastal Dunes 1. square feet 2. cubic yards dune nourishment £ r Coastal Banks 1. linear feet g.r Rocky Intertidal Shores 1. square feet h. r Salt Marshes l. square feet 2. sq ft restoration, rehab, crea. i r Land Under Salt Ponds 1. square feet 2. cubic yards dredged j. r Land Containing Shellfish 1. square feet k.r 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 Lr Land Subject to Coastal Storm Flowage 1. square feet 4.Restoration/Enhancement r Restoration/Replacement 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 entered the additional amount here. a. square feet ofBVW 5.Projects Involves Stream Crossings r Project Involves Streams Crossings b. square feet of Salt Marsh Page 3 of 7 * ELECTRONIC COPY
--Protection :-...;: Bureau of Resource Protection -Wetlands \ WPA Form 3 -Notice of Intent Provided by MassDEP: MassDEP File#: eDEP Transaction #:1935008 City/fown:Y ARMOUTH ~ Massachusetts Department of Environmental Massachusetts Wetlands Protection Act M. G .L. c. 131, §40 If the project involves Stream Crossings, please enter the number of new stream crossings/number ofreplacement stream crossings. a. number of new stream crossings b. number of replacement stream crossings C. Other Applicable Standards and Requirements Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review 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 ofEndangered Species program (NHESP)? a. r Yes 1-1 No If yes, include proof of mailing or hand delivery ofNOI to: Natural Heritage and Endangered Species Program Division ofFisheries and Wildlife 1 Rabbit Hill Road Westborough, MA 01581 b. Date ofmap:FROM MAP VIEWER If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18) .... c. Submit Supplemental Information for Endangered Species Review * (Check boxes as they apply) 1. r Percentage/acreage of property to be altered: (a) within Wetland Resource Area percentage/acreage (b) outside Resource Area percentage/acreage 2. r Assessor's Map or right-of-way plan of site 3.r Project plans for entire project site, including wetland resource areas and areas outside of wetland jurisdiction, showing existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work** a. r Project description (including description of impacts outside of wetland resource area & buffer zone) b.r Photographs representative of the site c. r MESA filing fee (fee information available at: http://www.mass.gov/eea/agencies/dfg/dfw/natural-heritage/regulat01y-review/mass-endangered-species-act-mesa/mesa-fee-schedule.htrnl) Make check payable to "Natural Heritage & Endangered Species Fund" and mail to NHESP at above address Projects altering JO or more acres of land, also submit: d. r Vegetation cover type map of site e. r Project plans showing Priority & Estimated Habitat boundaries d. OR Check One of the following 1. r Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, http://www.mass.gov/eea/agencies/dfg/dfw/laws-regulations/cmr/321-cmr-1000-massachusetts-endangered-species-act.html# 10.14; 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.r Separate MESA review ongoing. a. NHESP Tracking Number b. Date submitted to NHESP Page 4 of7 * ELECTRONIC COPY
[j i Massachusetts Department of Environmental --Protection :----.: Bureau of Resource Protection -Wetlands \ WPA Form 3-Notice of Intent Massachusetts Wetlands Protection Act M. G .L. c. 131, §40 Provided by MassDEP: MassDEP File#: eDEP Transaction#: 1935008 City/Town:Y ARMOU1H 3.r Separate MESA review completed. Include copy ofNHESP "no Take" determination or valid Conservation & Management Permit with approved plan. * Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review ... 2. For coastal projects only, is any portion of the proposed project located below the mean high waterline or in a fish run? a. P Not applicable -project is in inland resource area only b. rYes rNo If yes, include proof of mailing or hand delivery ofNOI to either: South Shore -Cohasset to Rhode Island, and the Cape & Islands: Division of Marine Fisheries -Southeast Marine Fisheries Station Attn: Environmental Reviewer 836 S. Rodney French Blvd New Bedford, MA 02744 North Shore -Hull to New Hampshire: Division of Marine Fisheries -North Shore Office Attn: Environmental Reviewer 30 Emerson Avenue Gloucester, MA O 1930 If yes, it may require a Chapter 91 license. For coastal towns in the Northeast Region, please contact MassDEP's Boston Office. For coastal towns in the Southeast Region, please contact MassDEP's Southeast Regional office. 3. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? a.rYes PNo b.ACECName If yes, provide name of ACEC (see instructions to WPA Form 3 or DEP Website for ACEC locations). Note: electronic filers click on Website. 4. Is any portion of the proposed project within an area designated as an Outstanding Resource Water (ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00? a. rYes PNo 5. 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. rYes PNo 6. Is this project subject to provisions of the MassDEP Stormwater Management Standards? a. r 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 r Vol.2, Chapter 3) ~ A portion of the site constitutes redevelopment ~ Proprietary BMPs are included in the Stormwater Management System b. P No, Explain why the project is exempt: ~ Single Family Home ~ Emergency Road Repair Page 5 of7 * ELECTRONIC COPY
[j~ Massachusetts Department of Environmental -Protection t......::: Bureau of Resource Protection -Wetlands \ WPA Form 3 -Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File#: eDEP Transaction#: 1935008 City/fown:Y ARMOUTH 3. Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi-family r housing project) with no discharge to Critical Areas. D. Additional Information Applicants must include the following with this Notice 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 by regular mail delivery. 1. USGS or other map of the area ( along with a narrative description, if necessary) containing sufficient information for the P Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.) 2. Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland P [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area. 3. Identify the method for BVW and other resource area boundary delineations (MassDEP BVW Field Data Form(s). P 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. p a. Plan Title: b. Plan Prepared By: c. Plan Signed/Stamped By: c. Revised Final Date: e. Scale: SITE PLAN OF 37 DANIEL A OJALA PE DOWN CAPE ~ MEMORIAL PLS ENGINEERING, INC SEPTEMBER 9, 2025 5. If there is more than one property owner, please attach a list of these property owners not listed on this form. r 6. Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. r 7. Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. r 8. Attach NOI Wetland Fee Transmittal Form. p 9. Attach Stormwater Report, if needed. r Page 6 of 7 * ELECTRONIC COPY
9/18/25onlineDOWN CAPE ENGINEERING, INCMnssachuselb Department of Environmental Protection l'111\1tlt~I hy M,1"1)1·1'. Ma\\l >LI' I ik II. Bureau of Resource Protection• Wetlands WPA Form J -Notice of Intent cl>l·.I' lran<,,1cti11n 11:II/J~IKII< C'il}/lown:YARMl 11 flI I Massachusetts Wetlands Protection Act M.G.L. c. 131, ~40 E.Fccs l'cc Exempt No lihn1,1 fc-c shill( he, n,,cs,t'\I for projccls or nny e1ty, 1,1wn, county, or ,li,lnci nf the Commonwealth. fcdcroll~ r«ognitcd lnJ,,m tnhc hou,ms Authonly. mumc,Jll'l h1,u,i1ng authonly, or the MA!l!lllchu\elt, llny Trno•portauon Authority. J\pphcanlll mu,1 ,uhm,t the following tnfonnauun (1n oJdt1t0n 10 flll@.~ I unJ 2 of the NOi WctlruiJ 1-"cc Trarunuual Form) to ~,>nlimi fee ru~mcnt J Chrck dok 4 Stat< Cb«k Numbtt 5. Chtck d•tt 7 Payor •••• on <h«k I au Nam• F. Signatures and Submittal Requirements I ~by ccrttfy un«r lhc J)<:Mhics uf pcfJwy that the foregoing Noltcc, of In-and occompanymg plaru, documcnl5, and supporting darn ore true and complete lo the best ofmy knowledge: I understand that the Conscrvalton Comnuss,on will place no1tficat10n ofthta Noltce ma l,,c,al ncw,papcr al IM cq,m.,,e ofthc applic.tnl tn occordllncc with the IM:llanda rcgulattono, 310 CMR 10 05(5)(a) I fur\hcr certify undff penahtcs of perjury" that all abuttert wtro nolificd of 1h11 11pphca1ton, purSU.111l to the rcqu11cmm~ of M G L. c 131, t 40 Nottce 1nusl be made by Ccrttfic:ate of Mailing or ,n wnting by hand dchvcry or certJlicd mrul (rctum nicc,pt requested) lo nil abutten w,thm I 00 lcct of the property line of the projccl loc,itton l S1p&1w• of Prop<rty Ownc 4Dak r / • \~~ -=:::::::=:J / ~ 5 S1pal111< of R,pmCIIIIIIVe (,C aay) ; °'i/,1J~< 6 Daie For Conservation Commission: r,..., copies of the eoo1plclcd Notice oflntenl (Form 3), including 1upporttng pbrut and documents, 1wo copic£ of the NOi Wetland Fco Transnu~ Form, and the e1ty/town fee paymc,01, to the Conxl\·at1on Comm1s>1on by ccrttlicd ma,I or lwnd delivery ForMa.OEP: One copy of the c:omplcwl No11cc of Intent (Form 3), including supporung plans und documents, one copy of the NOi Wetland Fc.c Trun,m1ttal Fann. and a toP,' oftlic 51.t11e fee JIIIYIIICnt to the MwDEP Regional Office (see lm11Uctions) by certified mad <>r hotld dclt\·ety. Other: Jfthc applicant ha. checked the 'yes" box m Section C, It.cm, l•l, above, rcf,:r to tl1ut scctton ruiJ the lnstru;bon.o for lldJ,tmn.il ,uhm,ttal rcqu1remcnt.s The oriemal and copie• mw.t be sent Hmultancou.ly. Fail-by the applic.tnl 10 SCtld copies III a timely rll4lll1Ct 11111)' result tn J,.mis'IIII nfthc Noti~• oflntcnl Page 7 of7 • ELECTRONIC COPY
~ Massachusetts Department of Environmental Protection --Bureau of Resource Protection -Wetlands WPA Form 3 -Notice of Wetland FeeTransmittal \ Form -----Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File#: eDEP Transaction#: 1935008 City/Town: Y ARMOlITH A. Applicant Information I.Applicant: a. First Name c.Organiz.ation d. Mailing Address e. City/Town h. Phone Number STEPHEN R & KIMBERLY L 727 PARK 1-IlLL ROAD FLORENCE 4135757210 f State i.Fax 2.Property Owner:(if different) a. First Name STEPHEN R & KIMBERLY L c. Organization d. Mailing Address 727 PARK 1-IlLL ROAD e. City/fown FLORENCE f.State h.PhoneNumber 4135757210 i.Fax 3. Project Location: b.LastName DUVAL MA g. Zip Code O I 062 j. Email DUY AL22@COMCAST.NET b. Last Name DUY AL MA g. Zip Code O I 062 j.Email DUY AL22@COMCAST.NET a. Street Address 37 INDIAN MEMORIAL DRIVE b. Cityffown YARMOlITH Are you exempted from Fee? r Note: Fee will be exempted if you are one of the following: • Cityffown/County/District • Municipal Housing Authority • Indian Tnbe Housing Authority • MBTA State agencies are only exempt if the fee is less than $100 B. Fees Activity Type A.) WORK ON SINGLE FAMILY LOT; ADDITION, POOL,ETC.; C.) CONTROL VEGETATION; Activity Number Activity Fee 110.00 110.00 RF Multiplier Sub Total 110.00 110.00 City/Town share of filling fee State share offiling fee Total Project Fee $122.50 $97.50 $220.00 Page 1 of I * ELECTRONIC COPY
MassDEP's Online Filing System My eDEP Forms My Profile HclplNotiflcations [ Receipt .§lgnature Summary/Receipt Your submission is complete. Thank you for using DEP's online reporting system. You can select "My eDEP" to see a list of your transactions. DEP Transaction ID: 1935008 Date and Time Submitted: 9/17/2025 3:20:03 PM Other Email : Form Name: WPA Form 3 -NOi Project Location City/Town Name: YARMOUTH location: 37 INDIAN MEMORIAL DRIVE General Description: REPLACEMENT OF LANDSCAPE STEPS, CONSTRUCTION OF A DECK, AND SELECTIVE PRUNING OF VEGETATION TO ESTABLISH A VISTA CORRIDOR FOR VIEWS OF LONG POND. Applicant Information Name: STEPHEN R & KIMBERLY L DUVAL Company Address: 727 PARK HILL ROAD, FLORENCE, MA, 01062 Payment Information Your fee for the state share is$: 97.50 If you have paid by credit card or ACH, thank you for your payment. If you are paying by check or money order, please send your check (payable to the Commonwealth of Massachusetts) to MassDEP, Box 4062, Boston, MA 02211 Additional Forms Submitted WPA Form 3 -NOi (Fee Transmittal)(ONLINE ONLY) Ancillary Document Uploaded/Mailed 25-048 Duval BHall Data Sheets 2-4-25 25-048 Project Narrative 25-048 Site Photos 37 Indian Memorial Dr SY 69.4 Abutters Abutter Notification Letter Site Plan .... MassDEP Home I Contact I Privacy Policy Username:DOWNCAPE Nickname: DCE DEP m:li._ ] PaY.ment Receipt .0. I print receipt I I Exit MyeDEP MassDEP Home I Contact I Privacy Policy I
NOTICE OF INTENT #37 Indian Memorial Drive South Yarmouth, MA Stephen Duval, Applicant/Owner Project Narrative The applicant is pleased to submit a Notice of Intent application for landscape site improvements and Vista Pruning. The 24,127 square foot developed property is located within an area of single-family homes, and a Bordering Vegetated Wetland (BVW) exists North of the site along the shores of Long Pond. No work will take place within Priority/Estimated Habitat of endangered species. A work limit line of staked silt fence is proposed downgradient of all work as shown on the plan. Work Proposed This proposed project is to re-develop the rear yard of an existing single-family home. Existing patio areas and planting beds will be removed. A 12'x20' deck will replace the round patio area and will be located 3.7' further from the BVW at its closest point. A rinse station and walkway will replace the existing hardscape areas currently behind the garage. These changes will result in a net decrease of hardscape within the 0-50' buffer and overall for the project. The wooden landscape steps leading down to the pond are in a deteriorating condition and are to be replaced in kind with new wooden treads and gravel between the steps. A work limit line of staked silt fence will be installed along the existing lawn edge to contain construction activities. Upon completion of the development activities portions of the silt fence will be replaced with a chain link or similar dog fence. The property owners are also requesting to selectively manage vegetation within a 30' wide portion of the buffer to the Bordering Vegetated Wetland. The vista pruning would improve views of the pond in an area of sparse vegetation while retaining the more dense buffer areas to the East and West of the site. Within the Vista corridor the understory is to remain intact and be selectively trimmed to 4-10' in height in an irregular pattern. Existing trees greater than 3" caliper are to remain and be selectively limbed between the ground and 15' above grade. Work within the vista corridor is to be performed by hand, no wheeled or tracked equipment is to be allowed within this area of the 35' buffer to the BVW. Bordering Vegetated Wetland The boundary of the Bordering Vegetated Wetland was delineated according to the guidelines outlined in the DEP Handbook for Delineating Bordering Vegetated Wetlands Under the Massachusetts Wetlands Protection Act. Alteration of the Bordering Vegetated Wetland identified on the site plans is not proposed. The wetland delineation was performed by Brad Hall of BLH Environmental Consulting on 2/4/2025, and the wetland flags were located and are shown on the site plan prepared by Down Cape Engineering. No adverse effects from the work are expected, as the work limit line shall remain staked in place until all work is complete and the site is stabilized. The BVW will continue to act fully in its capacity to provide habitat and food sources for wildlife.
BORDERING VEGETATED WETLAND DETERMINATION FORM Project/Site: 37 Indian Memorial Drive City/Town: So. Yarmouth Sampling Date: Feb 4, 25 Applicant/Owner:_S_t~ep._h_e_n_D_u_v_a_l _____________ Sampling Point or Zone: _W_E_T_2 _____ _ lnvestigator(s): Bradford Hall Latitude/ Longitude: _________ _ Soil Map Unit Name: Soil Survey of Barnstable County, 1993 NWI or DEP Classification:_N_W_I _____ _ Are climatic/hydrologic conditions on the site typical for this time of year? Yes 0No CJ (If no, explain in Remarks) Are Vegetation D , Soil D , or Hydrology D significantly disturbed? (If yes, explain in Remarks) Are Vegetation D , Soil D , or Hydrology D naturally problematic? (If yes, explain in Remarks) SUMMARY OF FINDINGS -Attach site map and photograph log showing sampling locations, transects, etc. Wetland vegetation criterion met? YesffiNo! • I Is the Sampled Area Yes0No[=i Hydric Soils criterion met? Yes t/ No! I within a Wetland? Wetlands hydrology present? Yes! t/ INol I Remarks, Photo Details, Flagging, etc.: HYDROLOGY Field Observations: Surface Water Present? Yesl I Nol t/ I Depth (inches) Water Table Present? Yes I t/ I No I I Depth (inches) 2 Saturation Present (including capillary fringe)? Yes I I No I t/ I Depth (inches) Wetland Hydrology Indicators Reliable Indicators of Wetlands Indicators that can be Reliable with Indicators of the Influence of Water Hydrology Proper Interpretation WWater-stained leaves D Hydrological records Z] Direct observation of inundation □Evidence of aquatic fauna IZ] Free water in a soil test hole :;: Drainage patterns Diron deposits ~Saturated soil = Drift lines □Alga I mats or crusts Water marks Scoured areas -Oxidized rhizospheres/pore _ Moss trim lines _ Sediment deposits linings □Thin muck surfaces D Presence of reduced iron ~ Surface soil cracks Plants with air-filled tissue IZ] Woody plants with adventitious Sparsely vegetated concave (aerenchyma) roots surface □Plants with polymorphic leaves Plants with floating leaves ~ Trees with shallow root systems Woody plants with enlarged ~ Microtopographic relief Geographic position (depression, 0 Hydrogen sulfide odor lenticels toe of slope, fringing lowland Remarks (describe recorded data from stream gauge, monitoring well, aerial photos, previous inspections, if available): This form is only for BVW delineations. Other wetland resource areas may be present and should be delineated according to the applicable regulatory provisions. Form Revised Julv 2023
Sampling Point WET 2 VEGETATION -Use both common and scientific names of plants. Tree Stratum Plot size Indicator Absolute Dominant? Wetland Status % Cover (yes/no) lndictor? Common name Scientific name (yes/no) 1. Atlantic White Cedar OBL 38.0 Yes Yes 2. Red Maple FACW 20.5 Yes Yes 3. 0 0 0 4. 5. 6. 7. 8. 9. 58.5 = Total Cover ShrubLSa12ling Stratum Plot size small Indicator Absolute Dominant? Wetland Status %Cover (yes/no) lndictor? Common name Scientific name (yes/no) 1. Sweet Pepper Bush FAC 20.5 Yes Yes 2. 3. 0 0 0 4. 5. 6. 7. 8. 9. 20.5 = Total Cover Herb Stratum Plot size None Indicator Absolute Dominant? Wetland Status %Cover (yes/no) lndictor? Common name Scientific name (yes/no) 1. 0 0 0 2. 0 0 0 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. = Tota I Cover 2
... Sampling Point WET 2 VEGETATION -continued. Woody Vine Stratum Plot size none Indicator Absolute Dominant? Wetland Status % Cover (yes/no) lndictor? Common name Scientific name (yes/no) 1. 2. 3. 4. = Total Cover Ragid Test: Do all dominant species have an indicator status of OBL or FACW? Yes LJ No Iv I Dominance Test: Number of Number of dominant species that are Do wetland indicator plants make up dominant species wetland indicator plants <!: SO% of dominant plant species? Yes Iv' I No I I Prevalence Index: Total% Cover (all strata) Multiply by: Result OBL species 38.0 Xl = 38.0 FACW species 20.5 X2 = 41.0 FAC species 20.5 X3 = 61.5 FACU species X4 = UPL species XS = Column Totals {A) 79.0 {B) 140.5 Prevalence Index B/A = 1.78 Is the Prevalence Index ~ 3.0? Yes 0 No □ Wetland vegetation criterion met? Yes Iv I No I I Definitions of Vegetation Strata Tree -Woody plants 3 in. {7.62 cm) or more in diameter at breast height (DBH), regardless of height Shrub/ Sapling -Woody plants less than 3 in. (7.62 cm) DBH and greater than or equal to 3.3 ft. {1 m) tall Herb -All herbaceous (non-woody plants, regardless of size, and woody plants less than 3.3 ft. (1 m) tall Woody vines -All woody vines greater than 3.3 ft. (1 m) in height Cover Ranges Range Midpoint 1-5% 3.0% 6-lS % 10.S% lS-25 % 20.S% 26-S0 % 38.0% 51-75 % 63.0% 76-95 % 85.5% 96-100 % 98.0% Form Revised July 2023 3
-Sampling Point WET 2 SOIL Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type1 Location2 Texture Remarks 2 10yr 1/2 1Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains 2Location: PL=Pore Lining, M=Matrix Hydric Soil Indicators (Check all that apply) Indicators for Problematic Hydric Soils QHistosol (Al) LI. Polyvalue Below Surface (S8) Ll_2 cm Muck (AlO) LJHistic Epipedon (A2) LJ Thin Dark Surface (S9) LJ 5 cm Mucky Peat or Peat (S3) lJ..Black Histic (A3) .LJ. Loamy Gleyed Matrix (F2) 0 Iron-Manganese Masses (F12) ..l!:J..Hydrogen Sulfide (A4) .LJ. Depleted Matrix (F3) 0 Mesic Spodic (A17) LI.stratified Layers (AS) .LJ. Redox Dark Surface (FG) 0 Red Parent Material (F21) Li_Depleted Below Dark Surface {All) .LJ Depleted Dark Surface (F7) D Very Shallow Dark Surface (F22) _0_ Thick Dark Surface (A12) D Redox Depressions (F8) ..l!::lsandy Mucky Mineral (Sl) Usandy Gleyed Matrix (S4) Usandy Redox (SS) D Other (Include Explanation in Ustripped Matrix (S6) Remarks) Li.Dark Surface (S7) Restrictive Layer (if observed) Type: Depth (inches): Remarks: Soils not evalueated due to all FACW & OBL plant species. Hydric Soils criterion met? Yes 171 No I Form Revised July 2023 4
69/ 2/ I I FRIDLAND ELLEN R TR PORTER ANDREW L TR 1 WAVERLY ST BROOKLINE, MA 02445 69/ 3/ GREEN LYMAN GREEN LAURA 21 POINT PLEASANT RD WEBSTER, MA 01570 69/ 4/ I DUVAL STEPHEN R DUVAL KIMBERLY L 727 PARK HILL RD FLORENCE, MA 01062 69/ 5/ I I TOWN OF YARMOUTH PARK DEPT 1146 ROUTE 28 SOUTH YARMOUTH, MA 02664-4463 69/ 215/ / POULAKOS GEORGE I POULAKOS EKATERINI 11 ASHLAND ST MEDFORD, MA 02155 69/ 216/ / / BRENNAN JAMES J TRS BRENNAN ELLEN A TRS 23 CHURCHILL RD WEST ROXBURY, MA 02132 60/ 51/ / FOLEY ROBERT W BORGES FOLEY SHEILA 27 BOW ST SOMERVILLE, MA 02143 Please use this signature to certify this list of properties abutting within 100' of the parcel located at: 37 Indian Memorial Dr., South Yarmouth, MA 02664 Assessors a 69, Lot 4 Andy Assessing Septem er 7, 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 STEPHEN R & KIMBERLY L DUVAL 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 37 INDIAN MEMORIAL DRIVE D. Proposed work is landscape site improvements and vista pruning E. Copies of the Notice of Intent may be examined at the Yarmouth Town Hall at the Conservation Commission office between the hours of 9:00 a.m. and 4:00 p.m. Monday thru Friday. For more information, call (508) 398-2231 ext. 1288. F. Copies of the Notice of Intent may be obtained from either the applicant or applicant's representative. Applicant's phone number _______________ _ Or Applicant's representatives phone number 508-362-4541 G. Information regarding the date, time and place of the public hearing may be obtained by calling the Yarmouth Conservation Commission office at (508) 398-2231 ext. 1288 H. Person sending this notification (applicant, representative or other) NOTES: Name DOWN CAPE ENGINEERING, INC Address 939 ROUTE 6A Town YARMOUTHPORT State MA Zip 02675 Telephone 508-362-4541 • Notice ofthe 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. ..