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HomeMy WebLinkAboutNOI 10.31.2025 October 30, 2025 Town of Yarmouth Conservation Commission 1146 Route 28 South Yarmouth, MA 02664 RE: 6 Chilton Road – Notice of Intent Applicant – Joe Disipio Dear Commission Members: On behalf of the applicant, we hereby submit this Notice of Intent for the proposed work on a single-family lot within 100 feet of a Coastal Beach, Coastal Bank, and Land Subject to Coastal Storm Flowage. The applicant proposes to raze the existing single-family dwelling and construct a new dwelling in its location. Enclosed please find the following: 1. Administrative Checklist 2. Complete NOI Application WPA Form 3 3. Narrative 4. 100’ Abutter Map 5. Certified Mail Receipts (to be submitted prior to scheduled hearing) 6. 1 original and 7 copies of the Site Plan 7. Check for $262.50 (NOI Fee) 8. Check for $300.00 (Bylaw Fee) 9. Check for $15.00 (Legal Ad Fee) If you have any questions, please do not hesitate to call. Sincerely, GRADY CONSULTING, L.L.C. _______________________ Scott Fanara, P.E. Project Engineer cc: Joe Disipio DEP - SERO 334 North Street 20 Riverside Drive Walpole, MA 02081 Lakeville, MA 02347 bdirienzo@yarmouth.ma.us jjerolimo@yarmouth.ma.us J:\2025\25-344\Conservation\cover.docx Yarmouth Conservation Commission • 1146 Route 28 South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 Rev 6/2025 Page 1 of 2 Administrative Checklist Notice of Intent General Information: All filings must be made on Town of Yarmouth forms. The filing deadline is two weeks prior to the next scheduled Conservation Commission meeting for new applications. Failure to follow this Checklist shall result in an Administratively Incomplete Application and will not be advertised for a Public Hearing. Refer to the meeting schedule. Contact the Conservation Office if you need assistance. Submitting an Application: Does the property have any outstanding/expired Orders of Conditions? If so, please file a Request for Certificate of Compliance for each outstanding/expired Order, as the Commission may not issue a new Order until any outstanding/expired Orders have been closed and recorded. (*see page 2) Hardcopy filing dropped off or mailed to the Conservation Office including: 1 Administrative Checklist 1 complete NOI application WPA form 3 with original signatures. Typed signatures will not be accepted. Detailed narrative of the project including existing & proposed conditions, construction sequence, type of equipment, staging locations, drainage and stormwater, erosion controls, invasive species management and alternative analysis. The narrative shall include how the project meets performance standards per 310 CMR 10.0 & TOY Wetland Regulations, delineation sheets (if BVW or vegetated wetlands are present) or other resource area calculations, and supporting information. 1 100’ radius map, current abutters list identifying the property owners who are to be notified per 310 CMR 10.00 and abutter notification form. Abutters list must be certified by the Town Assessor’s office. The Assessor’s office requires 7 days advance notice. All abutters must be notified via certified mail. Certified Mail Receipts (PS Form 3800) for all abutters. Green cards to be submitted at the hearing. 1 original and 7 copies of the plan, folded separately, right side out with title and project address visible. All plans shall reference NAVD1988 unless otherwise noted. See plan requirements Yarmouth’s share of State filing fee: Separate check made payable to “Town of Yarmouth” (refer to NOI Wetland Fee Transmittal Form) By-law filing fee: Separate check made payable to “Town of Yarmouth” Legal ad fee: Separate check made payable to “Town of Yarmouth” Please list project property’s street address on checks. Refer to Fee Schedule DEP share of the fee (refer to NOI form) shall be sent to: Dept. of Environmental Protection Box 4062 Boston, MA 02211 CONSERVATION OFFICE N/A TBS Yarmouth Conservation Commission • 1146 Route 28 South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 Rev 6/2025 Page 2 of 2 DEP Submittal and Digital filing If you are filing with MassDEP using eDEP, please include a copy of the submittal confirmation with your application. If not filing via eDEP, a PDF of your application, plan, and all other supporting information must be sent VIA EMAIL the same day to DEP, Southeast Region at SERO_NOI@mass.gov with the subject line in the email per DEP’s request listed as “YARMOUTH - NOI - Street Address - Applicant Name” and copied bdirienzo@yarmouth.ma.us and jjerolimo@yarmouth.ma.us. We must receive a copy of this email with the application as proof that it has been submitted to DEP. Initial below I CERTIFY that all on-site requirements will be completed by noon on the Friday prior to the hearing date. All proposed structures must be staked, and all relevant resource areas and buffer zones must be staked or flagged. Please consult the Yarmouth Wetland Regulations, page 17. Without proper staking your project may be deemed incomplete and be continued to the next hearing date. I understand that in person representation is required at the scheduled hearing to present to the conservation commission If Applicable Certified Mail Receipt for Massachusetts Natural Heritage and Endangered Species Program Certified Mail Receipt for Massachusetts Division of Marine Fisheries. If filing via email, dmf.envreview-south@mass.gov, Amanda.Davis@mass.gov CC bdirienzo@yarmouth.ma.us and jjerolimo@yarmouth.ma.us Waterway’s jurisdiction – Any coastal projects such as, but not limited to, docks, piers, bulkheads, revetments, dredging and boardwalks shall require submittal of all Notice of Intent, plans and supplemental information to the Town of Yarmouth Waterways/Shellfish Committee via the Natural Resources office by certified mail or hand delivery. The applicant or his/her representative must provide the Conservation office with proof that this has been done or the filing will not be accepted. Other Requirements o Does the proposed project meet the applicable regulations of the Town of Yarmouth Zoning bylaws? Do you need to file with the Yarmouth Board of Appeals? If so, you must file with ZBA after conservation permitting is completed. o If a vacant lot, have you completed and received a determination for the Building Department for a lot inquiry form? *To view all Conservation files/permits for the property address online, go to www.yarmouth.ma.us/LF wpaform3.doc • rev. 12/4/2023 Page 1 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. Note: Before completing this form consult your local Conservation Commission regarding any municipal bylaw or ordinance. A. General Information 1. Project Location (Note: electronic filers will click on button to locate project site): 6 Chilton Road a. Street Address Yarmouth b. City/Town 02664 c. Zip Code Latitude and Longitude: 41-38-06 d. Latitude -70-15-12 e. Longitude 29 f. Assessors Map/Plat Number 195 g. Parcel /Lot Number 2. Applicant: Joe a. First Name Disipio b. Last Name c. Organization 334 North Street d. Street Address Walpole e. City/Town MA f. State 02081 g. Zip Code 617-592-7073 h. Phone Number i. Fax Number joe@disipio.com j. Email Address 3. Property owner (required if different from applicant): Check if more than one owner a. First Name b. Last Name c. Organization d. Street Address e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number j. Email address 4. Representative (if any): Scott a. First Name Fanara b. Last Name Grady Consulting, LLC c. Company 71 Evergreen Street, Suite 1 d. Street Address Kingston e. City/Town MA f. State 02364 g. Zip Code 781-996-0281 h. Phone Number i. Fax Number sfanara@gradyconsulting.com j. Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): 500.00 a. Total Fee Paid 237.50 b. State Fee Paid 262.50 c. City/Town Fee Paid wpaform3.doc • rev. 12/4/2023 Page 2 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town A. General Information (continued) 6. General Project Description: Raze and rebuild of a single-family dwelling with pervious patio and gravel driveway within Land Subject to Coastal Storm Flowage and within 100' of a Coastal Beach and Coastal Bank. 7a. Project Type Checklist: (Limited Project Types see Section A. 7b.) 1. Single Family Home 2. Residential Subdivision 3. Commercial/Industrial 4. Dock/Pier 5. Utilities 6. Coastal engineering Structure 7. Agriculture (e.g., cranberries, forestry) 8. Transportation 9. Other 7b. Is any portion of the proposed activity eligible to be treated as a limited project (including Ecological Restoration Limited Project) subject to 310 CMR 10.24 (coastal) or 310 CMR 10.53 (inland)? 1. Yes No If yes, describe which limited project applies to this project. (See 310 CMR 10.24 and 10.53 for a complete list and description of limited project types) 2. Limited Project Type If the proposed activity is eligible to be treated as an Ecological Restoration Limited Project (310 CMR10.24(8), 310 CMR 10.53(4)), complete and attach Appendix A: Ecological Restoration Limited Project Checklist and Signed Certification. 8. Property recorded at the Registry of Deeds for: Barnstable a. County b. Certificate # (if registered land) 37079 c. Book 163 d. Page Number B. Buffer Zone & Resource Area Impacts (temporary & permanent) 1. Buffer Zone Only – Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland, Inland Bank, or Coastal Resource Area. 2. Inland Resource Areas (see 310 CMR 10.54-10.58; if not applicable, go to Section B.3, Coastal Resource Areas). Check all that apply below. Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. wpaform3.doc • rev. 12/4/2023 Page 3 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d) For all projects affecting other Resource Areas, please attach a narrative explaining how the resource area was delineated. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. Bank 1. linear feet 2. linear feet b. Bordering Vegetated Wetland 1. square feet 2. square feet c. Land Under Waterbodies and Waterways 1. square feet 2. square feet 3. cubic yards dredged Resource Area Size of Proposed Alteration Proposed Replacement (if any) d. Bordering Land Subject to Flooding 1. square feet 2. square feet 3. cubic feet of flood storage lost 4. cubic feet replaced e. Isolated Land Subject to Flooding 1. square feet 2. cubic feet of flood storage lost 3. cubic feet replaced f. Riverfront Area 1. Name of Waterway (if available) - specify coastal or inland 2. Width of Riverfront Area (check one): 25 ft. - Designated Densely Developed Areas only 100 ft. - New agricultural projects only 200 ft. - All other projects 3. Total area of Riverfront Area on the site of the proposed project: square feet 4. Proposed alteration of the Riverfront Area: a. total square feet b. square feet within 100 ft. c. square feet between 100 ft. and 200 ft. 5. Has an alternatives analysis been done and is it attached to this NOI? Yes No 6. Was the lot where the activity is proposed created prior to August 1, 1996? Yes No 3. Coastal Resource Areas: (See 310 CMR 10.25-10.35) Note: for coastal riverfront areas, please complete Section B.2.f. above. wpaform3.doc • rev. 12/4/2023 Page 4 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d) Check all that apply below. Attach narrative and supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. Designated Port Areas Indicate size under Land Under the Ocean, below b. Land Under the Ocean 1. square feet 2. cubic yards dredged c. Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below d. Coastal Beaches 1. square feet 2. cubic yards beach nourishment e. Coastal Dunes 1. square feet 2. cubic yards dune nourishment Size of Proposed Alteration Proposed Replacement (if any) f. Coastal Banks 1. linear feet g. Rocky Intertidal Shores 1. square feet h. Salt Marshes 1. square feet 2. sq ft restoration, rehab., creation i. Land Under Salt Ponds 1. square feet 2. cubic yards dredged j. Land Containing Shellfish 1. square feet k. Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1. cubic yards dredged l. Land Subject to Coastal Storm Flowage 380 1. square feet 4. Restoration/Enhancement If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.2.b or B.3.h above, please enter the additional amount here. a. square feet of BVW b. square feet of Salt Marsh 5. Project Involves Stream Crossings a. number of new stream crossings b. number of replacement stream crossings wpaform3.doc • rev. 12/4/2023 Page 5 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town C. Other Applicable Standards and Requirements This is a proposal for an Ecological Restoration Limited Project. Skip Section C and complete Appendix A: Ecological Restoration Limited Project Checklists – Required Actions (310 CMR 10.11). Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review 1. Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program (NHESP)? To view habitat maps, see the Massachusetts Natural Heritage Atlas or go to http://maps.massgis.state.ma.us/PRI_EST_HAB/viewer.htm. a. Yes No If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife 1 Rabbit Hill Road Westborough, MA 01581 October 2025 b. Date of map If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18). To qualify for a streamlined, 30-day, MESA/Wetlands Protection Act review, please complete Section C.1.c, and include requested materials with this Notice of Intent (NOI); OR complete Section C.2.f, if applicable. If MESA supplemental information is not included with the NOI, by completing Section 1 of this form, the NHESP will require a separate MESA filing which may take up to 90 days to review (unless noted exceptions in Section 2 apply, see below). c. Submit Supplemental Information for Endangered Species Review∗ 1. Percentage/acreage of property to be altered: (a) within wetland Resource Area percentage/acreage (b) outside Resource Area percentage/acreage 2. Assessor’s Map or right-of-way plan of site 2. Project plans for entire project site, including wetland resource areas and areas outside of wetlands jurisdiction, showing existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work ∗∗ (a) Project description (including description of impacts outside of wetland resource area & buffer zone) (b) Photographs representative of the site ∗ Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review (see https://www.mass.gov/ma- endangered-species-act-mesa-regulatory-review). Priority Habitat includes habitat for state-listed plants and strictly upland species not protected by the Wetlands Protection Act. ∗∗ MESA projects may not be segmented (321 CMR 10.16). The applicant must disclose full development plans even if such plans are not required as part of the Notice of Intent process. wpaform3.doc • rev. 12/4/2023 Page 6 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town C. Other Applicable Standards and Requirements (cont’d) (c) MESA filing fee (fee information available at https://www.mass.gov/how-to/how-to-file-for- a-mesa-project-review). Make check payable to “Commonwealth of Massachusetts - NHESP” and mail to NHESP at above address Projects altering 10 or more acres of land, also submit: (d) Vegetation cover type map of site (e) Project plans showing Priority & Estimated Habitat boundaries (f) OR Check One of the Following 1. Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, https://www.mass.gov/service-details/exemptions-from-review-for-projectsactivities-in- priority-habitat; the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR 10.37 and 10.59.) 2. Separate MESA review ongoing. a. NHESP Tracking # b. Date submitted to NHESP 3. Separate MESA review completed. Include copy of NHESP “no Take” determination or valid Conservation & Management Permit with approved plan. 3. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? a. Not applicable – project is in inland resource area only b. Yes No If yes, include proof of mailing, hand delivery, or electronic delivery of NOI to either: South Shore - Bourne to Rhode Island border, and the Cape & Islands: Division of Marine Fisheries - Southeast Marine Fisheries Station Attn: Environmental Reviewer 836 South Rodney French Blvd. New Bedford, MA 02744 Email: dmf.envreview-south@mass.gov North Shore - Plymouth to New Hampshire border: Division of Marine Fisheries - North Shore Office Attn: Environmental Reviewer 30 Emerson Avenue Gloucester, MA 01930 Email: dmf.envreview-north@mass.gov Also if yes, the project may require a Chapter 91 license. For coastal towns in the Northeast Region, please contact MassDEP’s Boston Office. For coastal towns in the Southeast Region, please contact MassDEP’s Southeast Regional Office. c. Is this an aquaculture project? d. Yes No If yes, include a copy of the Division of Marine Fisheries Certification Letter (M.G.L. c. 130, § 57). wpaform3.doc • rev. 12/4/2023 Page 7 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town C. Other Applicable Standards and Requirements (cont’d) Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. 4. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? a. Yes No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP Website for ACEC locations). Note: electronic filers click on Website. b. ACEC 5. Is any portion of the proposed project within an area designated as an Outstanding Resource Water (ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00? a. Yes No 6. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Restriction Act (M.G.L. c. 131, § 40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § 105)? a. Yes No 7. Is this project subject to provisions of the MassDEP Stormwater Management Standards? a. Yes. Attach a copy of the Stormwater Report as required by the Stormwater Management Standards per 310 CMR 10.05(6)(k)-(q) and check if: 1. Applying for Low Impact Development (LID) site design credits (as described in Stormwater Management Handbook Vol. 2, Chapter 3) 2. A portion of the site constitutes redevelopment 3. Proprietary BMPs are included in the Stormwater Management System. b. No. Check why the project is exempt: 1. Single-family house 2. Emergency road repair 3. Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi-family housing project) with no discharge to Critical Areas. D. Additional Information This is a proposal for an Ecological Restoration Limited Project. Skip Section D and complete Appendix A: Ecological Restoration Notice of Intent – Minimum Required Documents (310 CMR 10.12). Applicants must include the following with this Notice of Intent (NOI). See instructions for details. Online Users: Attach the document transaction number (provided on your receipt page) for any of the following information you submit to the Department. 1. USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for the Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.) 2. Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area. wpaform3.doc • rev. 12/4/2023 Page 8 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town D. Additional Information (cont’d) 3. Identify the method for BVW and other resource area boundary delineations (MassDEP BVW Field Data Form(s), Determination of Applicability, Order of Resource Area Delineation, etc.), and attach documentation of the methodology. 4. List the titles and dates for all plans and other materials submitted with this NOI. Site Plan a. Plan Title Grady Consulting, LLC b. Prepared By Richard Grady, P.E. c. Signed and Stamped by 10/30/2025 d. Final Revision Date 1"=10' e. Scale f. Additional Plan or Document Title g. Date 5. If there is more than one property owner, please attach a list of these property owners not listed on this form. 6. Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. 7. Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. 8. Attach NOI Wetland Fee Transmittal Form 9. Attach Stormwater Report, if needed. E. Fees 1. Fee Exempt: No filing fee shall be assessed for projects of any city, town, county, or district of the Commonwealth, federally recognized Indian tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority. Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee Transmittal Form) to confirm fee payment: 2. Municipal Check Number 10/30/2025 3. Check date 4. State Check Number 10/30/2025 5. Check date Grady Consulting, LLC 6. Payor name on check: First Name 7. Payor name on check: Last Name 13628 13627 4 Massachusetts Department of Environmental Protection Provided by MassOEP: Bureau of Resource Protection -Wetlands WPA Form 3-Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 MassDEP File Number Document Transaction Number Yarmouth City/Tow/n F. Signatures and Submittal Requirements Ihereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. Iunderstand that the Conservation Commission will place notification of this Notice in alocal newspaper at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a). Ifurther 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. .Sigratore of Applicant 2. Date 3. Signature of Property Owner (if different)4. Date 5. Signature of Representative (if any)6. Date F o r C o n s e r v a t i o n C o m m i s s i o n : 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. F o r M a s s D E P : 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 acopy 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 any part of Section C, Item 3, above, refer to that section and the Instructions for additional submittal requirements. The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the Notice of Intent. wpaform3.doc ●rev. 12/4/2023 Page 9of 9 noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. A. Applicant Information 1. Location of Project: 6 Chilton Road a. Street Address Yarmouth b. City/Town c. Check number $237.50 d. Fee amount 2. Applicant Mailing Address: Joe a. First Name Disipio b. Last Name c. Organization 334 North Street d. Mailing Address Walpole e. City/Town MA f. State 02081 g. Zip Code 617-592-7073 h. Phone Number i. Fax Number joe@disipio.com j. Email Address 3. Property Owner (if different): a. First Name b. Last Name c. Organization d. Mailing Address e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number j. Email Address To calculate filing fees, refer to the category fee list and examples in the instructions for filling out WPA Form 3 (Notice of Intent). B. Fees Fee should be calculated using the following process & worksheet. Please see Instructions before filling out worksheet. Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. Step 2/Number of Activities: Identify the number of each type of activity. Step 3/Individual Activity Fee: Identify each activity fee from the six project categories listed in the instructions. Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2) times the fee per category (identified in Step 3) to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be multiplied by 1.5 and then added to the subtotal amount. Step 5/Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step 6/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract $12.50. To calculate the city/town share of the fee, divide the total fee in half and add $12.50. 13627 noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 2 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Fees (continued) Step 1/Type of Activity Step 2/Number of Activities Step 3/Individual Activity Fee Step 4/Subtotal Activity Fee 2.a 1 500.00 500.00 Step 5/Total Project Fee:500.00 Step 6/Fee Payments: Total Project Fee: 500.00 a. Total Fee from Step 5 State share of filing Fee: 237.50 b. 1/2 Total Fee less $12.50 City/Town share of filling Fee: 262.50 c. 1/2 Total Fee plus $12.50 C. Submittal Requirements a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to the Commonwealth of Massachusetts. Department of Environmental Protection Box 4062 Boston, MA 02211 b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and the city/town fee payment. To MassDEP Regional Office (see Instructions): Send a copy of the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and a copy of the state fee payment. (E-filers of Notices of Intent may submit these electronically.) GRADY ONSULTING, L.L.C.C National Flood Hazard Layer FIRMette 0 500 1,000 1,500 2,000250 Feet Ü SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT SPECIAL FLOOD HAZARD AREAS Without Base Flood Elevation (BFE) Zone A, V, A99 With BFE or Depth Zone AE, AO, AH, VE, AR Regulatory Floodway 0.2% Annual Chance Flood Hazard, Areas of 1% annual chance flood with average depth less than one foot or with drainage areas of less than one square mile Zone X Future Conditions 1% Annual Chance Flood Hazard Zone X Area with Reduced Flood Risk due to Levee. See Notes.Zone X Area with Flood Risk due to Levee Zone D NO SCREEN Area of Minimal Flood Hazard Zone X Area of Undetermined Flood Hazard Zone D Channel, Culvert, or Storm Sewer Levee, Dike, or Floodwall Cross Sections with 1% Annual Chance 17.5 Water Surface Elevation Coastal Transect Coastal Transect Baseline Profile Baseline Hydrographic Feature Base Flood Elevation Line (BFE) Effective LOMRs Limit of Study Jurisdiction Boundary Digital Data Available No Digital Data Available Unmapped This map complies with FEMA's standards for the use of digital flood maps if it is not void as described below. The basemap shown complies with FEMA's basemap accuracy standards The flood hazard information is derived directly from the authoritative NFHL web services provided by FEMA. This map was exported on 10/30/2025 at 3:00 PM and does not reflect changes or amendments subsequent to this date and time. The NFHL and effective information may change or become superseded by new data over time. This map image is void if the one or more of the following map elements do not appear: basemap imagery, flood zone labels, legend, scale bar, map creation date, community identifiers, FIRM panel number, and FIRM effective date. Map images for unmapped and unmodernized areas cannot be used for regulatory purposes. Legend OTHER AREAS OF FLOOD HAZARD OTHER AREAS GENERAL STRUCTURES OTHER FEATURES MAP PANELS 8 B 20.2 The pin displayed on the map is an approximate point selected by the user and does not represent an authoritative property location. 1:6,000 70°15'31"W 41°39'19"N 70°14'53"W 41°38'52"N Basemap Imagery Source: USGS National Map 2023 NARRATIVE The existing site is a 10,320 square foot lot and consists of a single-family dwelling, concrete walkways, outdoor shower, shed, gravel driveway, and on-site subsurface sewage disposal system. The property is directly to the east of Mill Creek. Resource areas were delineated on site by South River Environmental on September 12, 2025, and consist of a Coastal Beach, Coastal Bank, and Land Subject to Coastal Storm Flowage. The entire site is located within 100’ of these resource areas. The existing dwelling is located 16.0’ from the Coastal Bank and 24.5’ from the Coastal Beach. The nearest concrete walkway is located 15.0’ from the Coastal Bank and 23.6’ from the Coastal Beach. The dwelling was constructed in 1940, per the Yarmouth Assessor’s Department records. The proposed work is to raze all existing structures and construct a new single family in its place. The dwelling is proposed no closer than the existing dwelling. A pervious paver patio is also proposed over an area of existing lawn and concrete to the side of the dwelling, no closer than the existing concrete walkway. The project proposes an increase in area of coverage within 0-35 feet of the Coastal Bank of 272 square-feet, a decrease within 35-50 feet of 28 square-feet, and an increase within 50-100 feet of 136 square-feet. Site access is via the public way of Chilton Road. Erosion control measures and locations are noted on the Site Plan. Since the slopes are not significant on this site, a single silt sock will serve as erosion control and the limit of work. The silt sock will be installed prior to any site work and shall remain until after construction and site stabilization occurs. Specific machinery for this project will be determined by the contractor, but will generally include the use of an excavator, dozer, and other mid-large size construction machines. Machines will be stored on site and at the end of Chilton Road. This is a dead-end road, and construction will not impede vehicular travel. The anticipated start date for this project is June 1st or within a week of all department approvals, whichever is earlier. The work is proposed within 100 feet of a Coastal Beach and Coastal Bank and within Land Subject to Coastal Storm Flowage. The project has been designed to adhere to the following regulations. Yarmouth Wetland Protection Regulations 4.02 Coastal Beaches and Tidal Flats (3) Performance Standards Any activity which is allowed on a coastal beach or tidal flat or within 100 feet of a coastal beach or tidal flat shall not have an adverse effect on the coastal beach or tidal flat by: (a) Affecting the ability of waves to remove sand from the beach or tidal flat; The site is separated from the coastal beach by an existing rock revetment and is located approximately 7 feet higher than the beach. The proposed redevelopment will not affect the ability of waves to remove sand from the beach. (b) Disturbing the vegetative cover, if any, so as to destabilize the beach or tidal flat; The beach is stabilized by an existing rock revetment. Any disturbance of vegetation will not affect the stabilization at this location. Nevertheless, the existing vegetation adjacent to the revetment will not be removed. (c) Causing any modification of the beach or downdrift beach that would increase the potential for storm or flood damage; The beach will not be modified. (d) Interfering with the natural movement of the beach or tidal flat; The beach will not be modified or interfered with. (e) Causing artificial removal of sand from the beach or downdrift beach; or The beach will not be modified or interfered with. No removal of sand from the beach will occur at any stage of construction or afterwards. (f) Removing seaweed or substrate from the coastal beach in the intertidal zone (between MLW and MHW) that provides valuable habitat and potential for sand accretion, unless deemed a public health emergency by the Director of Health. The intertidal zone is located on the low side of the existing revetment. No work is proposed in this location. 4.05 Coastal Banks Any activity that is allowed on a coastal bank shall comply with the following provisions: (a) No new bulkhead, revetment, seawall, groin or other coastal engineering structure shall be permitted on a coastal bank that provides significant sediment to an adjacent or downdrift coastal beach; except that such a coastal engineering structure shall be permitted when required to prevent storm damage to buildings constructed prior to August 10, 1978, including re-construction of such buildings subsequent to the effective date of these regulations, provided that the following requirements are met: i. Coastal engineering structures or modifications thereto shall be designed and constructed so as to minimize, using best available measures, adverse effects on adjacent or nearby coastal beaches due to changes in wave action; ii. The applicant demonstrates that no method of protecting the building other than the proposed coastal engineering structure is feasible; iii. Protective planting designed to reduce erosion may be permitted; and iv. The applicant provides sufficient evidence that the building was constructed pursuant to a Notice of Intent prior filed before August 10, 1978. No work is proposed on the coastal bank. (b) Any project on a coastal bank or within 100 feet of the top of a coastal bank, other than a structure permitted under section 4.05, (3), (a), shall not have an adverse effect due to wave action on the movement of sediment from the coastal bank to coastal beaches or land subject to tidal action or flooding, and shall not have an adverse effect on the stability of a coastal bank. Wave action is largely controlled by the existing revetment. The proposed structure is located no closer to the coastal bank than the existing structure. No significant changes in the site grades are proposed. 4.10 Land Subject to Coastal Storm Flowage When the Commission determines that Land subject to coastal storm flowage overlays other Resource areas, the applicable performance standards for each Resource area shall be independently and collectively applied and the project shall be appropriately conditioned to protect all stated Resource area values. (a) General Performance Standards Any activity within land subject to coastal storm flowage which will result in the building upon, removing, filling or altering of land shall not have an adverse effect on the interests protected by the bylaw by: i. reducing the ability of the land to absorb and contain flood waters; There are no significant changes in grade proposed on site. The current flow patterns and ability of the land to absorb and contain flood waters shall remain. i. reducing the ability of the land to buffer more inland areas from flooding and wave damage; The revetment largely mitigates stormwater and flood waters from the mainland. The proposed work includes features such as pervious pavers rather than impervious, gravel driveway rather than asphalt, and the building includes Smart Vents to allow free flow of water within the FEMA Flood Zone. ii. increasing the elevation or velocity of flood waters, or by redirecting or increasing flows or causing channelization, in each case at the project site, adjacent or nearby properties, or any public or private way. There are no significant changes in grade proposed on site. The proposed flow patterns are designed to match existing conditions. iii. displacing or diverting flood waters to other properties or resource areas. Fences and privacy walls, including walls separating one property from another, may obstruct or divert flood flow and waves toward buildings and protected areas. Solid fences (stockade and similar) must be constructed with 6 inches of clearance below to allow the passage of floodwaters and wildlife; No such structures are proposed which have the potential to divert or obstruct flood flow. The proposed dwelling includes Smart Vents to allow passage of flood waters. iv. causing, or creating the likelihood of, damage to other structures on land within the flood plain as debris (collateral damage); The proposed work will not damage other structures within the flood plain. v. causing ground, surface or saltate pollution triggered by coastal storm flowage; There are no sources of pollution contained on this site. vi. reducing the ability of the resource to serve as a wildlife habitat and migration corridor through activities such as, but not limited to the removal of substantial vegetative cover and/or installation of fencing and other structures which prevent wildlife migration across property. The project does not propose removal of substantial vegetative cover or any structures which could prevent wildlife migration across the property. vii. prevention of the migration of resource areas such as salt marshes due to sea level rise. No such measures are proposed. viii. If flood control and storm damage protection functions have already been impaired, redevelopment must improve existing conditions by reducing impervious surfaces, restoring flood control and storm damage protection functions, installing native plantings, or by restoring or creating other wetland resource areas. Where a previously developed coastal Resource Area has not been regulated under the applicable performance standards to protect the interests of flood control and storm damage prevention, the proposed work shall restore those interests The site has not been impaired. And shall meet the following requirements; ix. Existing septic system and cesspool repairs will be allowed provided they meet all Title 5 and local Board of Health thresholds. The existing septic system is a Title V compliant system and shall remain for the new dwelling. x. All groundwater elevations shall incorporate seasonable adjustments if test holes and or leaching components are 100 feet or closer from major estuaries. The existing septic system is a Title V compliant system and shall remain for the new dwelling. xi. Any proposed deck, shed, or other similar structure must be securely anchored to a footing or foundation. All structures will be securely anchored with poured concrete foundations or similar. xii. Any activity shall preserve existing soils, vegetation, and other natural conditions that serve as buffers to coastal flooding and storm surges. No significant site grading or removal of vegetation is proposed. 6.01Setbacks and Buffer Zones (1) Notwithstanding section 6.01(2) below, no new structures, including chicken coops and swimming and spa pools (with the exception of water dependent structures), will be allowed within 50 feet of the following Resource Areas: (a) Any freshwater or coastal vegetated wetlands, vernal pools and vernal pool habitat, salt marshes, banks, lakes, ponds of any size, beaches, dunes, estuaries, the ocean, lands under water bodies, and intermittent and perennial rivers, streams, brooks and creeks, and Isolated or Bordering Land Subject to Flooding We hereby request a waiver from this requirement. The existing site is fully developed with a single-family dwelling, gravel driveway, concrete walkways, sheds, outdoor shower, and maintained lawn. The proposed dwelling will maintain the same existing setback distances to the resource areas. Careful consideration has gone into this design, including pervious pavers rather than asphalt, gravel driveway rather than asphalt, and reduction of the existing maintained lawn in favor of a new mitigation area with native seeding and plants. (2) Minor structures up to 140 square feet total coverage such as sheds, decks, and pervious patios may be allowed closer than 50 feet to a Resource Area but no closer than 35 feet. With the exception of “Vista Pruning” as outlined in section 6.03, a 35-foot undisturbed natural vegetative buffer shall be maintained between all projects and Resource Areas mentioned in 6.01 (1), above to insulate wetland resource areas from adverse impacts stemming from development elsewhere in the buffer zone. In cases where the slope of an undisturbed buffer exceeds 18%, or in any instance where the scope or nature of the project is likely to require a greater spatial offset to wetland resource areas, the Commission reserves the right to increase buffer zone width to a more suitable dimension. No applicable. (3) The following are prohibited within resource areas listed in 6.01 (1) and their 35-foot buffer zones: (a) Lawn grasses including “Cape Cod Lawns” (b) Landscaping (c) Fertilizers (d) Pesticides (unless part of an approved invasive species removal program) (e) Irrigation except for temporary irrigation for establishment of native plantings (f) Mulch, other than for temporary ground stabilization for one growing season. Groundcover plantings are to be used for permanent stabilization and weed control. No new such features are proposed within this buffer. The project proposes the continued use of the lawn as shown on the plan, which is a significant reduction in area over the exiting conditions. (4) The following are prohibited within resource areas listed in 6.01(1) and their 50-foot buffer zones, and the Riverfront Area: (a) Fertilizers (b) Pesticides (unless part of an approved invasive species removal program) (c) Irrigation except for temporary irrigation for establishment of native plantings The applicant is aware of this requirement and will avoid these measures. (5) Lawns Turf lawns may be a significant source of nutrients to wetlands, coastal embayments, and other bodies of water through surface runoff and leaching to the groundwater. Excessive nutrient loading of water bodies may lead to eutrophication. Indications of eutrophication include nuisance algal blooms, oxygen depletion, fish kills and foul odors. To minimize potential adverse impacts due to fertilization, the Conservation Commission requires that turf lawns be minimized or even eliminated from landscaping plans; particularly in lots adjoining surface water bodies and wetland resource areas. No new turf lawns shall be permitted in the 50-foot buffer zone on an undeveloped lot. On lots where turf lawn currently exists and has for a long period of time, the Commission may require that turf lawn area to be reduced or eliminated when an application for a new project on that lot is brought before them. Buffer zones of native plants may be required to reduce surface runoff. (a) New lawns may be irrigated for 2 growing seasons after planting but not thereafter. (d) New lawns in buffer zones shall be or mimic Cape Cod Lawns. A Cape Cod Lawn is an area that is not irrigated, fertilized, or otherwise treated with chemicals that is diverse with species including native sedges, mosses, grasses, and other lowgrowing plants that are well adapted to the conditions of the Cape. Cape Cod Lawns can be established by seeding with a mix of drought tolerant grasses and forbs and weeding to remove invasive species as needed. No new lawns are proposed. 6.02 Mitigation and Restoration (1) At a minimum, a 35-foot undisturbed buffer zone shall be retained between the landward- most wetland resource area and the limit of proposed site disturbance. Landward of the 35- foot no-disturb zone, work shall be designed to minimize the area of disturbance, to preserve as much undisturbed vegetation within the one hundred-foot buffer zone as is practicable for the proposed use. Not applicable. The site is fully developed within this buffer zone. The project proposes mitigation to provide/enhance a vegetated buffer. (2) Where a 50-foot undisturbed buffer zone exists prior to the proposed work, and shall remain intact upon project completion, further buffer zone enhancement shall not be required. Not applicable. (3) Where a 50-foot undisturbed buffer zone does not exist prior to the proposed work, any work proposed within the 100-foot buffer zone shall be subject to mitigation planting requirements intended to restore, in so far as is possible, both the dimensions of a 50-foot undisturbed buffer and its vegetation. For work proposed within the 100-foot buffer zone, the calculation of mitigation is set forth as follows: (a) For proposed, new or replacement hardscape or structure, whether pervious or impervious, within the 50-100-foot buffer zone, mitigation shall be 2:1. Applicable. The project proposes to meet this standard. (b) For proposed new or replacement hardscape or minor structure, whether pervious or impervious within the 35–50-foot buffer zone, mitigation shall be 3:1. Not applicable. The project proposes a net reduction of coverage within this area. (c) Where a variance is sought for proposed work within the 35-foot buffer, mitigation shall be determined at the commission’s discretion. Applicable. The project proposes mitigation in this area to the extent practicable, which includes the conversion of existing maintained lawn areas. (d) In no case shall the total area of mitigation plantings required be greater than that which is necessary to restore a 50-foot undisturbed buffer in its entirety. (e) If structures or hardscape already exist within the 35-50 foot buffer, then additional structures or hardscape may not be allowed within the 100 foot buffer until the 50 foot buffer and its vegetation have been fully restored. We request a waiver from this requirement. The entire site is within the 100-foot buffer, and full restoration of the 50-foot buffer is not practical. An extensive mitigation plan is proposed to enhance this area. (4) Planting requirements Where mitigation or restoration of buffer zone vegetation is proposed or required under a Notice of Intent, it shall meet the following requirements: (a) Locally native and climate adapted plant species suited to the local growing conditions will be used, refer to the approved plant lists posted on the Conservation website. Mitigation areas should contain a diversity of woody species with varying heights sufficient for the space (at least 3 species when the required mitigation area is >300 sqft) and may be supplemented by an understory of native grasses and forbs (including ferns, herbs, groundcovers, and perennials). Native grasses and forbs alone cannot be used as mitigation. The proposed mitigation plan complies with this regulation. (b) The recommended plant spacing and densities will be used as shown on the approved plant lists available on the conservation website The proposed mitigation plan complies with this regulation. (c) Only temporary use of mulch may be applied under the drip line of each plant at the time of planting for moisture retention, soil stabilization, and weed control during establishment. Native groundcovers will be utilized in the spaces between larger plantings. At no time shall a mitigation or restoration area be sheet mulched. Hand weeding is allowed. The proposed mitigation plan complies with this regulation. (d) Foundation landscape beds within the buffer zone: Proposed foundation landscape bed plantings should appear on all plans if within resource areas and the 100-foot buffer zone. Foundation beds are defined as directly abutting a dwelling/structure and are a maximum of 5 feet in width. These areas may be planted with native species, native cultivars, or non-invasive non-natives with approval from the Commission or the Conservation Administrator. Foundation landscape beds are not proposed with this project.