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HomeMy WebLinkAboutNOI 10.17.2025DOWN CAPE ENGINEERING, INC, 939 Main Street Yarmouth Port, MA 02675 508-362-4541 Transmittal DCE Job # 24-293 Date: October 17, 2025 To: Brittany DiRienzo, Conservation Administrator Joseph Jerolimo, Conservation Agent Town of Yarmouth 1146 Route 28 South Yarmouth, MA 02664 From: Priscilla Leclerc RE: NOI for John Serijan, 53 Aunt Dorah's Lane, Yarmouth Enclosed for the NOI submittal are the following: o Checklist o WPA Form 3 — Notice of Intent application o eDep confirmation of submission email o Fee transmittal form o Project Narrative o Shellfish Report o USGS Locus Map o Photos o Abutters notification letter, list & map o Site Access Authorization o Checks for the town share of state fee, town bylaw fee & legal ad o Certified Mail receipts for abutters o Site Plan showing Existing Pile Supported Pier, Ramp and Floats for Permitting Through the Conservation Commission at 53 Aunt Dorah's Lane, Yarmouth, prepared for John Serijan, October 3, 2025 Please call/email should you have any questions. cc: MassDEP-SERO (online) DOWN CAPE ENGINEERING, INC. 939 Route 6A, Suite C Yarmouth Port, MA 02675 Phone: 508-362-4541 priscilla@downcape.com 0 ,� r r r r 'ryC�h'PORATV Nb Notke af Jatent 9j 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 meetinq schedule. Contact the Conservation Office if you need assistance. X Does the property have any outstanding/expired Orders of Conditions? If so, please file a Request for Certificate of Compliance for each outstanding/expired Order, as the Commission may not issue a new Order until any outstanding/expired Orders have been closed and recorded. Hardcopy filing dropped off or mailed to the Conservation Office including: J 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 onlip DEP share of the fee (refer to NOI form) shall be sent to: Dept. of Environmental Protection Box 4062 Boston, MA 02211 Yarmouth Conservation Commission • 1146 Route 28 South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 Rev 6/2025 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. 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.cov with the subject line in the email per DEP's request listed as "YARMOUTH - NOI - Street Address - Applicant Name" and copied bdirienzoayarmouth.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. 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(D_yarmouth.ma.us and jjerolimo(a�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 Yarmouth Conservation Commission • 1146 Route 28 South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 Rev 6/2025 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: 1900917 Document: WPA Form 3 - NOI Size of File: 273.45K Status of Transaction: submitted Date and Time Created: 10/17/2025:11:32:47 AM Note: This file only includes forms that were part of your transaction as of the date and time indicated above. If you need a more current copy of your transaction, return to eDEP and select to "Download a Copy" from the Current Submittals page. LlMassachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Transaction #:1900917 WPA Form 3 - Notice of Intent City/Town:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A.General Information 1. Project Location: a. Street Address b. City/Town d. Latitude f. Map/Plat # 2. Applicant: ry Individual r Organization a. First Name c. Organization d. Mailing Address e. City/Town h. Phone Number 3.Property Owner: rv— more than one owner a. First Name c. Organization d. Mailing Address e. City/Town h. Phone Number 4.Representative: a. First Name c. Organization d. Mailing Address e. City/Town h.Phone Number 53 AUNT DORAHS LANE YARMOUTH c. Zip Code 02675 41.71028N e. Longitude 70.19500W 136 g.Parcel/Lot # 53.1 JOHN b.Last Name SERIJAN 53 AUNT DORAHS LANE YARMOUTH f. State MA g. Zip Code 02675 508-367-7730 i. Fax j. Email MICHAEL T b. Last Name SERIJAN 5 JOHN JOSEPH ROAD HARWICH f.State MA g. Zip Code 02645 i. Fax j.Email DANIEL A. b. Last Name DOWN CAPE ENGINEERING, INC. 939 ROUTE 6A YARMOUTH f. State MA 508-362-4541 i.Fax 508-362-9880 OJALA g. Zip Code 02675 j.Email downcape@downcape.com 5.Total WPA Fee Paid (Automatically inserted from NOI Wetland Fee Transmittal Form): a.Total Fee Paid 312.00 b. State Fee Paid 143.50 c.City/Town Fee Paid 168.50 6.General Project Description: PERMIT AND MAINTAIN EXISTING PIER, RAMP, FLOATS AND PILINGS, AND PROPOSED MODIFICATIONS TO DECKING 7a.Project Type: 1. r Single Family Home 2. r Residential Subdivision 3. r Limited Project Driveway Crossing 4. r CommerciaVIndustrial 5.I✓ Dock/Pier 6. r Utilities 7. r Coastal Engineering Structure 8. r Agriculture (eg., cranberries, forestry) 9. r Transportation 10. r Other 7b.Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 (coastal) or 310 Page 1 of 7 * ELECTRONIC COPY LlMassachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Transaction #:1900917 WPA Form 3 - Notice of Intent City/Town:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 CMR 10.53 (inland)? 1. r Yes r%-0 No If yes, describe which limited project applies to this project: 2. Limited Project 8.Properly recorded at the Registry of Deeds for: a.County: b.Certificate: c.Book: d.Page: BARNSTABLE 36166 307 B. Buffer Zone & Resource Area Impacts (temporary & permanent) 1.Buffer Zone & Resource Area Impacts (temporary & permanent): r This is a Buffer Zone only project - Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland, Inland Bank, or Coastal Resource Area. 2.Inland Resource Areas: (See 310 CMR 10.54 - 10.58, if not applicable, go to Section B.3. Coastal Resource Areas) Resource Area a. i Bank 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 f r" Riverfront Area Size of Proposed Alteration Proposed Replacement (if any) 1. linear feet 2. linear feet 1. square feet 2. square feet 1. 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 1. square feet 2. cubic feet of flood storage lost 3. cubic feet replaced 1. Name of Waterway (if any) 2. Width of Riverfront Area (check one) i 25 ft. - Designated Densely Developed Areas only i 100 ft. - New agricultural projects only i 200 ft. - All other projects 3. Total area of Riverfront Area on the site of the proposed project square feet 4. Proposed Alteration of the Riverfront Area: a. total square feet b. square feet within 100 ft. c. square feet between 100 ft. and 200 ft. Page 2 of 7 * ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Transaction #:1900917 WPA Form 3 - Notice of Intent City/rown:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 5. Has an alternatives analysis been done and is it attached to this NOV r Yesr No 6. Was the lot where the activity is proposed created prior to August 1, 1996? r Yesr No 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 Indicate size under Land under the ocean below, b. r Land Under the Ocean 3.1 1. square feet 2. cubic yards dredged c. r Barrier Beaches Indicate size under Coastal Beaches and/or Coatstal Dunes, below d. r Coastal Beaches 1. square feet 2. cubic yards beach nourishment e. r Coastal Dunes 1. square feet 2. cubic yards dune nourishment £r Coastal Banks 29 1. linear feet g. r Rocky Intertidal Shores 1. square feet h.r Salt Marshes 80 1. 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 I ry Land Subject to Coastal 500 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 of BVW b. square feet of Salt Marsh 5.Projects Involves Stream Crossings r Project Involves Streams Crossings Page 3 of 7 * ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #: Bureau of Resource Protection - Wetlands Li eDEP Transaction #:1900917 WPA Form 3 - Notice of Intent City/Town:YARMOUTH . 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 of replacement 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 Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recent Estimated Habitat Map of State -Listed Rare Wetland Wildlife published by the Natural Heritage of Endangered Species program (NHESP)? a. [—Yes l✓ 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 b. Date of map:2021 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 (b) outside Resource Area percentage/acreage 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.2ov/eea/agencies/dfa/dfw/natural-heritage/re ug latory_ review/mass-endangered-species-act-mesa/mesa-fee-schedule.html ) Make check payable to "Natural Heritage & Endangered Species Fund" and mail to NHESP at above address Projects altering 10 or more acres of land, also submit: d. r Vegetation cover type map of site e. r Project plans showing Priority & Estimated Habitat boundaries d. OR Check One of the following 1.l— Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, hU://www.mass.gov/eea/agencies/dfy-/dfxv/laws-regulations/cmr/321-cmr-1000-massachusetts-endangered- snecies-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 of 7 * ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #: 1 Bureau of Resource Protection - Wetlands eDEP Transaction #:1900917 ' l WPA Form 3 - Notice of Intent City/Town:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 3. r Separate MESA review completed. Include copy of NHESP "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. r Not applicable - project is in inland resource area only b. rYes rNo If yes, include proof of mailing or hand delivery of NOI 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 01930 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. r Yes l✓ No b. ACEC Name 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. r Yes rv- No 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. r Yes lv No 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) 2. A portion of the site constitutes redevelopment r 3. Proprietary BMPs are included in the Stonwater Management System r b. r No, Explain why the project is exempt: 1. Single Family Home rEmergency Road Repair Page 5 of 7 * ELECTRONIC COPY LlMassachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Transaction #:1900917 WPA Form 3 - Notice of Intent City/Town:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 3. Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi -family i 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 i✓ 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 ro [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). r 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. 17-0 a. Plan Title: SITE PLAN SHOWING EXISTING PIER, RAMP, FLOATS, AND PILINGS b. Plan Prepared By: c. Plan Signed/Stamped By: c. Revised Final Date: e. Scale: DANIEL A. OJALA, PE, PLS 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. 1- 7. Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. 1✓ 8. Attach NOI Wetland Fee Transmittal Form. C 9. Attach Stormwater Report, if needed. i OCTOBER 3, 2025 Page 6 of 7 * ELECTRONIC COPY LlMassachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Transaction #:1900917 WPA Form 3 - Notice of Intent CiVrown:YARMOM Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Fees 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 I and 2 of the NOI Wetland Fee Transmittal Form) to confirm fee payment: 37 4 374TO, ; f, 7-A 2-6 2. Municipal Chec , umher f 3. Check date 4.Stat L3be&Numher 6. Payer name on check: First Name F. Signatures and Submittal Requirements 5. Check date Ve ('Xt:�'� 7. Payer name on check: Legit Name I hereby certify under the penalties ofpedury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I understand that the Conservation Commission will place notification of this Notice in a local newspaper at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a). I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G.L, c. 131, § 40. Notice must be made by Certificate of Mailing or in writing by hand delivery or certified mail (return receipt requested) to all abutters within 100 feet of the property line of the project location. lr� 1. lfwfit& ofAppticant 3. Signature of Property Owner(if different) --t 2, Date 4. Date A I /v S. Signature of Representative (if any) DAN i E p NAIA , PE P ,% 6. Date DOWN We 0W41NMU(46, INC. For Conservation Commission: Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents, two copies of the NOI Wetland Fee Transmittal Form, and the city/town fee payment, to the Conservation Commission by certified mail or hand delivery. For MassDEP: One copy of the completed Notice of Intent (Form 3), including supporting plans and documents, one copy of the NOI Wetland Fee Transmittal Form, and a copy of the state fee payment to the MassDEP Regional Office (see Instructions) by certified mail or hand delivery. Other: if the applicant has checked the "yes" box in Section C, Items 1-3, above, refer to that section and the Instructions for additional submittal requirements. The original and copies must be will simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the Notice of inteaL Page 7 of 7 * ELECTRONIC. COPY ADDITIONAL OWNER: VALERIE SERIJAN 23 CANTERBURY ROAD YARMOUTH PORT, MA 02675 Page 1 of 1 Priscilla Leclerc From: edep.confirmation@mass.gov Sent: Friday, October 17, 2025 11:18 AM To: Heatherlee Vermette Cc: Priscilla Leclerc Subject: eDEP Submittal Confirmation for DEP Transaction ID: 1900917 Thank you for using eDEP Online Filing from the Massachusetts Department of Environmental Protection. Your transaction is complete and has been submitted to MassDEP. This email is your receipt for the eDEP Online Filing transaction described below. Please review it and keep a copy for your records. Please do NOT reply to this message, this email address will not receive messages. For assistance with eDEP Online Filing, please email the eDEP-Support at mailto:edep-support@mass.gov or call 617-626-1111. MassDEP is interested in how we can serve you better. To help us make improvements to eDEP, please take a minute to complete our eDEP Online Filing Survey at http://www.mass.gov/eea/agencies/massdep/service/online/edep-contacts-and-feedback.htmi. To contact MassDEP Programs, please see http://mass.gov/dep/about/contacts.htm. DEP Transaction ID: 1900917 Date and Time Submitted: 10/17/2025 11:17:38 AM Form Name: WPA Form 3 - NOI Project Location Cityfibwn Name: YARMOUTH location: 53 AUNT DORAHS LANE General Description: PERMITAND MAINTAIN EXISTING PIER, RAMP, FLOATS AND PILINGS, AND PROPOSED MODIFICATIONS TO DECKING Applicant Information Name:JOHN SERIJAN Company Address: 53 AUNT DORAHS LANE YARMOUTH MA 02675 Payment Information Your fee for the state share is $: 143.50 If you have paid by credit card or ACH, thank you for your payment.. If you are paying by check or money order, please send your check (payable to the Commonwealth of Massachusetts) to MassDEP, Box 4062, Boston, MA 02211 Additional Forms Submitted WPA Form 3 - NOI (Fee Transmittal)(ONLINE ONLY) Ancillary Document Uploaded/Mailed 24-293 Serijan Abutters List and map 24-293 Serijan Abutters Notice 24-293 Serijan Additional Property Owner 24-293 Serijan Exist Pier Site Plan 10-3-25 bw 24-293 Serijan Photos 24-293 Serijan Project Narrative 10-16-25 24-293 Serijan Shellfish Report 2025 24-293 Serijan USGS Locus Map EMAIL ID OF THE USER: info@downcape.com EMAIL ID OF THE OTHER USERS: priscilla@downcape.com Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File #: WPA Form 3 - Notice of Wetland FeeTransmittal eDEP Transaction #:1900917 L i Form City/Town:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, 640 A. Applicant Information 1. Applicant: a. First Name JOHN b.Last Name SERIJAN c. Organization d. Mailing Address 53 AUNT DORAHS LANE e. City/Town YARMOUTH f. State MA g. Zip Code 02675 h. Phone Number 5083677730 i. Fax j. Email 2.Property Owner:(if different) a. First Name MICHAEL T b. Last Name SERIJAN c. Organization d. Mailing Address 5 JOHN JOSEPH ROAD e. City/Town HARWICH f.State MA g. Zip Code 02645 h. Phone Number i. Fax j.Email 3. Project Location: a. Street Address 53 AUNT DORAHS LANE b. City/Town YARMOUTH Are you exempted from Fee? r Note: Fee will be exempted if you are one of the following: • City/Town/County/District • Municipal Housing Authority • Indian Tribe Housing Authority • MBTA State agencies are only exempt if the fee is less than $100 B. Fees Activity Type Activity Activity Fee RF Multiplier Sub Total Number A.) WORK ON DOCKS, PIERS, REVETMENTS, 78 4.00 312.00 DIKES, ETC. (COASTAL OR INLAND). City/Town share of filling fee State share of filing fee Total Project Fee $168.50 $143.50 $312.00 Page 1 of 1 * ELECTRONIC COPY NOTICE OF INTENT NARRATIVE 53 Aunt Dorah's Lane Follins Pond, Yarmouth Port PROJECT NARRATIVE FOR PERMITTING EXISTING PIER CONFIGURATION Introduction The site consists of an existing dwelling on a 2.1 acre lot, bordered to the south by tidal Follins Pond. An Interim Approval (License #7700) issued in 1999 to "maintain concrete pad, ramp, floats and piles" for the previous owner (John Serijan Trust). The DEP license is invalid due to the current modifications. The Conservation Commission issued an Enforcement Order due to the pier alterations not being permitted and now requires a full Notice of Intent filing addressing the issues. On behalf of our client we are applying for permission to permit the existing pier, ramp, floats and pilings, with a minor modification proposed to the decking over the salt marsh. The Resource areas associated with the project are Salt Marsh, Land Containing Shellfish, Land Under Ocean, Fish Run and Land Subject to Coastal Storm Flowage. A shellfish survey was conducted in late April of this year by BSC Group; the report is enclosed as part of this filing package. 310 CMR 10.32 Salt Marsh The width of the Salt Marsh is about 23' in the area of the structure. The width of the decking is currently 4.6' and has minimal spacing. The client is proposing to remove the decking over the salt marsh and re -set the decking to allow 1" spacing and maximum 4' wide width. A sign shall be placed near the mean high water mark to indicate to the public their lateral passage rights. The concrete pad shown in the Interim License had been removed in the past; this allows for salt marsh expansion in that area. A variance is requested to allow the current height of the pier to remain as is. 310 CMR 10.34 Land Containing Shellfish, 10.35 Fish Run, & 10.25 Land Under Ocean A shellfish study performed in April 2025 by BSC Group indicated that there was a healthy quahog population within the various substrates. The substrates ranged from rocky, gravelly, sandy and mucky from shore to seaward. The most productive swath appeared to be from 40' to 60' beyond MHW (and possibly beyond), with good habitat indicated from 20' to 60' (the seaward limit of sampling). Given the removal of floats and ramp during the off-season, the area will remain accessible for shellfish harvesting. The presence of a pier and associated activities for nearly 30 years does not appear to have negatively impacted the shellfish habitat/productivity within the sampled and surrounding areas. Land Subject to Coastal Storm Flowage The site is subject to the 100 year flood elevation of 9 NAVD with that portion landward of this as above the 500 year flood elevation. The existence of the pier appears to have had no effect on this resource area. RARE SPECIES The pier is not located in a Priority Habitat or Estimated Habitat for state -listed rare species as shown on Mass. GIS Oliver Maps dated 2021. - 1 - Under Town of Yarmouth Pier Regulations 3.01, d. December 2023 (1) Permanent sign required, facing open water 1 sf max., at end of pier indicating DEP permit number and street address where dock is located (2) Minimize blockage of sunlight to shellfish beds and saltmarsh....Flo thru panels proposed over the salt marsh, maximum 4' wide (current width is 4.6' not including pilings) (3) Piers shall not eliminate moorings nor impede navigation... No elimination of moorings, no impeding of navigation due to its position (4) New and re -built piers shall be constructed to achieve a minimum height to width ratio of 1.5:1 across extent of salt marsh..... No salt marsh to be impacted by pier, ramp or floats as existing pilings will be utilized (variance requested for height/width ratio) (5) Piers shall be constructed to not interfere with public recreational use of waterway.... No navigational impacts due to its positioning well away from any boat traffic. Area is not typically used for swimming. (6) Public right of passage.....A sign is proposed at the pier at MHW informing the public of their right to pass pier for along shore access. (7) Base of the pier shall be as close as possible to the centerline of the /ot.....The pier will remain within its footprint, which is nearer to the southwesterly lot line (variance requested to allow it to remain as it is not centered on the lot). This minimizes new disturbance and keeps it well away from the public boat ramp to the east of locus (over 200'). The pier meets the min. 25' setback to the property lines. (8) Lights, if desired, shall adhere to the Yarmouth guidelines: directed downwards and shielded to avoid disturbing neighbors and disrupting navigation. (9) n/a (not a shared dock) (10) Maximum length of the pier is 78' from MHW (under the 80' maximum allowed). (11) The water depth at the end of the floats at MLW is 4' and at the inner float there is 1. 1' of water. (Variance requested to maintain the 1.1' depth at low water for inner float, cannot meet 2.5' minimumpp .) (12) (a) no abutting docks. (b) Navigable channel/any boat moorings are greater than 100' from the proposed pier (c) Greater than 200' to a small craft launching area from town landing to the northeast (d) dock is greater than 25' to abutting property lines (13) Combined float area required is less than 200 sf unless a shared pier....Current floats measure 216 sf (16 sf variance requested) (14) Personal watercraft and modular floats shall be included in the allowed 200 sf.... N/A (Owner does not have a jet ski (15) No lifts proposed (16) Ramp and floats shall be removed in off-season and stored either on owner's upland or at contractor's yard, from November 1st to April 1st Irm (17) Proposed expansion of existing docks, piers and floats shall only be allowed where there is no encroachment..... n/a (no expansion) (18) Only Non-CCA material allowed except on those timbers/piles that are greater than 3" in thickness ... (N/A, none proposed) (19) Dock is not within a no -dock zone (20) n/a (not a public project) (21) Existing legal docks and piers that are destroyed by natural causes may be reconstructed, provided they meet the current regulations to the greatest extent practicable, as determined by the Commission, and must be filed within 3 years of the destruction in order to qualify for re- construction.... Seeking variance to maintain existing configuration (22) This filing seeks to permit modifications of an unpermitted re -constructed pier structure (23) Maintenance, as part of this application, shall conform to current Yarmouth regulations. (24) a -I: Soundings performed as per requirements. No eel grass beds noted. No navigation channels within 200' of dock. No public, commercial or navigation aids within 200' of dock. Follins Pond Road town landing is greater than 200' to dock. No shellfish relay areas within 200' of dock. Methodology previously described. No grounding of equipment allowed (no installation of pilings at low water). Soundings survey done at normal low tide conditions, light winds. Shellfish survey performed by BSC Group. In summary, the existing pier will require variances under the Yarmouth Dock Regulations. However, the current pier with proposed modifications does provide a few advantages over the originally licensed pier in that: 1. The concrete pad was removed 2. The pilings elevate a portion of the pier to allow some sunlight under it and growth of salt marsh 3. Proposed ThruFlow panels will allow more sunlight to reach the salt marsh 4. No disturbance to resource areas since no work is proposed (other than decking change) The Commission may, "at its discretion waive one or more of these regulations when the proposed work ... will not adversely affect any areas subject to the protection of these regulations". See Yarmouth Wetland Regulations, section 7. There will be no adverse effect to any areas subject to the protection of these regulations as the pier will remain in its current state with the exception of replacing decking over the marsh with ThruFlow panels By: Down Cape Engineering, Inc. -3- BSC GROUP Lor Engineers BUILD SUPPORT I CONNECT Environmental Scientists Software Developers Landscape Architects Planners Surveyors 53 Aunt Dorah's Lane Shellfish Survey Report 1.0 INTRODUCTION On April 2P, 2025, Paul Mancuso and Conor Gilbertson, Wetland Scientists of BSC Group (BSC) conducted a shellfish survey from MHW into Land Under the Ocean within Follin's Pond at 53 Aunt Dorah's Lane in Yarmouth Port (the Site). The purpose of the survey was to evaluate shellfish habitat, shellfish species, and shellfish population density within the project area. The homeowner rebuilt or modified an existing pier, ramp, and float structure at the Site without a valid permit or license. As such, an enforcement order was issued on the property to bring the structure into compliance. BSC has been contracted to complete a shellfish survey and furnish a shellfish survey report to accompany the enforcement order response. 2.0 SITE DESCRIPTION The Site is located is a residential neighborhood on Follin's Pond which connects to Kelly's Bay and the Bass River. The property is bordered by single-family homes to the east, west, and north with Follin's Pond to the south. This portion of Follin's Pond is recognized as suitable habitat for quahogs (Mercenaria mercenaria) and soft-shell clams (Mya arenaria) according to the Mass GIS Shellfish Suitability data layer available on MassMapper.com. The following resource areas are located onsite: • Coastal Bank • Land Under the Ocean • Land Containing Shellfish • Land Subject to Coastal Storm Flowage (LSCSF) • Salt Marsh 3.0 SHELLFISH INVENTORY In order to evaluate existing shellfish habitat at the site, BSC conducted a shellfish survey from the Mean High Water (MHW) line out to into the waters of Follin's Pond. The weather during the survey was sunny with temperatures around 60F. The survey commenced at approximately 7:00 am as low tide was approaching. In order to sample for shellfish within the project area five transects were established. Each transect was located approximately 10 feet apart, with plots located approximately 10 feet apart along each transect. Transect 1 — Located —20 feet to the northeast of the existing pier. Transect 2 — Located —10 feet to the northeast of the existing pier. Transect 3 — Located along center line of existing pier. Transect 4 — Located —10 feet to the southwest of the existing pier. Transect 5 — Located —20 feet to the southwest of the existing pier. 349 Main Street, Route 28, Unit D West Yarmouth, MA 02673 508-778-8919 BSC GROUP ;r Figure 1: Showing approximate location of Transects for the shellfish survey at 53 Aunt Dorah's Lane in Yarmouth. "T" stands for Transect. Each excavated plot was approximately 3' x 3' x 3' and was surveyed using a standard clam rake. Any shellfish uncovered during the survey were recorded and then placed back into their respective plot and buried back in the sand. Table 1 on the next page details the shellfish inventory observed in Follin's Pond at 53 Aunt Dorah's Lane. Quahog clams were recorded based on size. Sizes of quahogs are as follows; seed (<1.5"), littleneck (1.5" -2"), cherrystone (2"-4"), chowder (>4"). Additionally notes on sediment characteristics and observations of other marine life were also collected. 349 Main Street, Route 28, Unit D / West Yarmouth, MA 02673 508-778-8919 BSc GROUP C Table 1 — Shellfish Inventory 53 Aunt Dorah's Lane Plot — DescriptionT Shellfish Substrate and Other Observations Transect 1 1: MHW Ribbed mussels Salt marsh 2: 10' seaward Ribbed mussels Salt marsh 3: 20' seaward 1 cherrystone Rocks & gravel 4: 30' seaward 0 Sand w/ few rocks 5: 40' seaward 0 Sand 6: 50' seaward 3 chowder, 1 littleneck Sandy/mucky 7: 60' seaward 1 littleneck Muck Transect 2 1: MHW Ribbed mussels Salt marsh 2: 10' seaward Ribbed mussels Salt marsh 3: 20' seaward 0 Rocks & gravel 4: 30' seaward 0 Sand w/ few rocks 5: 40' seaward 2 littlenecks, 1 cherrystone Sand 6: 50' seaward 1 littleneck, 1 dead oyster Sandy/mucky 7: 60' seaward 1 littleneck, 1 chowder Muck Transect 3 — Pier Centerline 1: MHW Ribbed mussels Salt marsh 2: 10' seaward Ribbed mussels Salt marsh 3: 20' seaward 1 seed Rocks & gravel 4: 30' seaward 0 Sand 5: 40' seaward 1 seed, 2 littlenecks Sand 6: 50' seaward 2 littlenecks, 1 cherrystone, 1 chowder Sandy/mucky 7: 60' seaward 1 seed, 2 littlenecks Muck Transect 4 1: MHW Ribbed mussels Salt marsh 2: 10' seaward Ribbed mussels Salt marsh 3: 20' seaward 1 littleneck Rocks & gravel 4: 30' seaward 0 Sand 5: 40' seaward 1 littleneck Sand 6: 50' seaward 1 littleneck, 1 cherrystone Muck 7: 60' seaward 1 cherrystone, 1 chowder Muck Transect 5 1: MHW Ribbed mussels Salt marsh 2: 10' seaward Ribbed mussels Salt marsh 3: 20' seaward 0 Rocks & gravel 4: 30' seaward 1 littleneck, 1 chowder Sand 5: 40' seaward 1 cherrystone Sand 6: 50' seaward 1 littlenecks, 1 cherrystone Muck 7: 60' seaward 2 littlenecks Muck TOTAL NUMBER OF OBSERVATION PLOTS = 25 TOTAL NUMBER OF QUAHOGS = 36 TOTAL NUMBER OF SOFT-SHELL CLAMS = 0 TOTAL NUMBER OF RAZOR CLAMS= 0 TOTAL NUMBER OF BAY SCALLOPS = 0 TOTAL NUMBER OF OYSTERS = 0(living) 349 Main Street, Route 28, Unit D / West Yarmouth, MA 02673 508-778-8919 B5C GROUP The shellfish survey indicated this area within Follin's Pond is a suitable habitat for quahogs. No soft-shell clams or their deceased shells were observed throughout the survey. On all transects, plots 1 and 2 were located within salt marsh and were therefore not excavated. Healthy populations of ribbed mussels and fiddler crabs were observed within the salt marsh. In total, 25 plots were excavated to look for shellfish. Shellfish were found within 18 of the 25 (72%) excavated plots. In total, 36 quahogs were uncovered during the survey. Numerous dead oyster shells were observed on top of the substrate indicating this area may be suitable for oysters. However, oysters do not bury themselves in sediments, but they generally attach to hard substrate such as rocks or piers/pilings. Sediments within 10' of the salt marsh were sandy with a large number of rocks and gravel. Sediment approximately 20'-30' seaward of the salt marsh were fine sand. Sediments 40' seaward of the salt marsh and beyond were a dark black mucky material. The shellfish surveyors were not able to look for shellfish beyond 60' seaward of the salt marsh due to safety concerns from sinking too deep in the soft mucky sediments. Most of the quahogs were found beyond the sandy sediments mixed with rocks and gravel. Other marine species observed within the shellfish survey area include blood worms, shrimp, comb jellies, and dead oyster shells. There was also a presence of brown algae on the sediment surface beyond 40' seaward of the salt marsh. 4.0 SUMMARY BSC's shellfish survey identified the following: ■ 36 Quahogs (Mercenaria mercenaria) were found within the 25 excavated shellfish plots, and 72% of the excavated plots contained quahogs. ■ No other shellfish species were observed living within the sediments at the Site. ■ Dead oyster shells at the Site indicate the area may be suitable for oysters. ■ Quahogs were mostly found 20' seaward of the salt marsh and beyond living within the sandy and mucky sediments with only a few individuals observed growing amongst the sandy/rocky/gravel sediments close to the salt marsh. 349 Main Street, Route 28, Unit D West Yarmouth, MA 02673 508-778-8919 BSC GROUP BUILD, SUPPORT ! CONNECT Shellfish Survey Report Photographs 53 Aunt Dorah's Lane Yarmouth Port, MA 4/28/25 ems - Zip - 'fir`. �4r" r Photo #1: View of the shellfish survey location at 53 Aunt Dorah's Lane in Yarmouth Port. Photo #2: View of two quahogs uncovered during the shellfish survey at 53 Aunt Dorah's Lane in Yarmouth Port. Photo Page 1 BSC GROUP BUILD I SUPPORT I CONNECT Shellfish Survey Report Photographs 53 Aunt Dorah's Lane Yarmouth Port, MA 4/28/25 Photo #3: View of a seed size quahog uncovered during the shellfish survey at 53 Aunt Dorah's Lane in Yarmouth Port. Photo #4: View of multiple quahogs uncovered during the shellfish survey at 53 Aunt Dorah's Lane in Yarmouth Port. Photo Page 2 BSC GROUP L BUILD I SUPPORT I CONNECT Shellfish Survey Report Photographs 53 Aunt Dorah's Lane Yarmouth Port, MA 4/28/25 low "k i §. �. •.. � � .fir yr' y r �. S'•'r� 4T� '� Photo #5: View of one of the plot 1's that was excavated during the shellfish survey at 53 Aunt Dorah's Lane in Yarmouth Port. Note the pile of rocks and gravel that were uncovered from this plot. Rocky sediments were observed within 10' of the salt marsh. Photo #6: Close up view of the salt marsh at 53 Aunt Dorah's Lane in Yarmouth Port. The salt marsh has healthy populations of ribbed mussels growing. Fiddler crabs were also observed living within the salt marsh on Site. Photo Page 3 zLWS U.S.MPAR WTOFTHEINTERM MNHISQUAMNF U.&MLMM"M L V- Locus 53 Aunt Dorah's Lane Yarmouth Port 19 .'SFt i .a a .r.Y'� e - - ^lyy 7 O Ln -A-L ".T Ln Cr uj % ww r Y-MOMU -fl is ` 'rt � �. ;'� � i .. Z� ., :i; ? M1 •' r .:. y 'rju - ._.•� _... • - ,tip - � � � _ . 5., T tii�Q .t� • ' Y, .� "- - ., -` � r .r � � '.n' . � � r.. � - 111 i' '_ i-a,' ' � � �.��•�� 'i -40 . !.— "..� Y �� 1, __ .� x ., • � { 1 �. i' '"- , I 111:-�p'4 �r1 ,� --- _�-7C�i�r=: �.�:�i.-.Pig_ `_.._ -- - - - _ - _ ���-� =I =- 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 John Serilan 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 53 Aunt Dorah's Ln, Yarmouth D. Proposed work is PERMIT AND MAINTAIN EXISTING PIER, RAMP, FLOATS AND PILINGS, AND PROPOSED MODIFICATIONS TO DECKING 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 representative's phone number: 508-362-4541 G. Information regarding the date, time and place of the public hearing may be obtained by calling the Yarmouth Conservation Commission office at (508) 398-2231 ext. 1288 H. Person sending this notification (applicant, representative or other) NOTES: DOWN CAPE ENGINEERING, INC 939 ROUTE 6A YARMOUTH PORT, MA 02675 Telephone: 508-362-4541 Notice of the public hearing, including date, time and place will be published at least five (5) days in advance in a newspaper of general circulation. Notice of the public hearing, including date, time and place will be posted in the Town Hall not less than forty-eight hours in advance. • You may also contact the Southeast Regional Office of the Department of Environmental Protection at (508) 946-2800 for more information about this application. 136/ 72/ / / KOSOFSKY KRISTEN C 21 FOLLINS POND RD YARMOUTH PORT, MA 02675 1361 71/ FULLER RONALD FULL LEIGH-ANN 22 UNCLE JIMMYS LN YARMOUTH PORT, MA 02675 136/ 65/ ! / TOWN OF YARMOUTH 1146 ROUTE 28 SOUTH YARMOUTH, MA 02664 136/ 641 UNGERLAND PAUL JONATHAN II UNGERLAND ANN F 26 AUNT DORAHS LN YARMOUTH PORT, MA 02675 1361 56/ / ! MELANDRI FRANCESCO D MELANDRI LISA 333 W MALLORY CIR DELRAY BEACH, FL 33483 136/ 53.11 / SERIJAN MICHAEL T SERIJAN VALERIE 5JOHNJOSEPH RD HARWICH, MA 02645 1361 541 SMITH PAMELA A (PERS REP) 41 AUNT DORAHS LN YARMOUTH PORT, MA 02675 136/ 55/ TOWN OF YARMOUTH 1146 ROUTE 28 SOUTH YARMOUTH, MA 02664-4463 136/ 49/ COLLINS CHERYL E 32 GUNROCK RD YARMOUTH PORT, MA 02675-2216 1361 51 / / ! GOERING ANN K TR THE ANN K GOERING TRUST 36 FOLLINS POND RD YARMOUTH PORT, MA 02675 1361 50/ ! ! GOODWIN GORDON F JR GOODWIN JEAN M B 34 FOLLINS POND RD YARMOUTH PORT, MA 02675-2214 Please use this signature to certify this list of properties abutting within 100' of the parcel located at: 53 Aunt Dorah's Ln.,Yarmouth Port, MA 02675 Assessors,Map 136, Lot 53.1 Andy Mag�fado, Director of Assessing July 18, 2025 d Yarmouth, MA y f y 7 _ i ,� } .tea Pan and Zoom �' Searc ti 136.67 y1 1336.70 � � 137.71 +' Searc 136.62 l ,� 136.48 'yy y 136.7 ! Searc a 6A9 137.70 1136 y 136.66 � !� � Li aw- 136.63 / ' 59 1 y 13663.F55� 1 r 7. _A I - = KO! 13 ' �' , 21 I .` S1 ` YAP ! 136.58 FUt '•� '13G'64 ,�. 22 I 4' YAP t TO1 , 23 1 136.87' y, j YAP UM I 301 26, •5 YAP 13 6.8 8 ME 1 35, 136.56 YAP 10 ,r / Layer Meas 136.89 '�, � 1 40m',, 136.57 J Abutt ' ', 200ft 1 Print / t Ifli 'I r % E t c` V If the applicant is not the property owner, please submit this form with your application. The owner must be sent a copy of the application on the same day it is filed with this office. Property Address: 53 Aunt Dorah's Lane, Yarmouth Port Assessors Map/Lot: 136 / 53.1 I (we) hereby authorize the individual members of the Yarmouth Conservation Commission and its agents to enter upon the referenced property for the purpose of gathering information regarding the application filed with the- Commission pursuant to the Wetlands Protection Act (M.G.L. Ch. 131, s. 40) and/or the Yarmouth Wetlands Protection Bylaw (Chapter 143). Authorized Signature: Date: 71141 Please Print Name: If other than owner, please state whether tenant, agent, or other: Mailing Address: ..r ,/,! �i✓! --s ep �1 /-A.2W e 4q, 10A yS Email: A- SEA /,-'-RAJ a GtWe#V Fax: r Ale -- 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