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HomeMy WebLinkAboutNOI 11.17.2025DOWN CAPE ENGINEERING, INC. 939 Main Street Yarmouth Port, MA 02675 508-362-4541 DCE Job # 24-346 Date: November 17, 2025 To: Brittany DiRienzo, Conservation Administrator Joseph Jerolimo, Conservation Agent Town of Yarmouth 1146 Route 28 South Yarmouth, MA 02664 From: Priscilla Leclerc Subject: NOI Filing for Jian Song, Journeys Investments LLC, 232 Blue Rock Road, South Yarmouth Delivered. Enclosed for Jian Song 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 and Division of Marine Fisheries o Waterways email that filing was received o SITE PLAN SHOWING EXISTING LICENSED PIER WITH PROPOSED FLOAT MODIFICATION AND WALL AND PILINGS TO BE LICENSED AT 232 BLUE ROCK ROAD, (SOUTH) YARMOUTH, prepared for Journeys Investments LLC, dated September 25, 2025; 8 full size plans (1 with original stamp & signature) Please call/email should you have any questions. cc: MassDEP-SERO (online) DOWN CAPE ENGINEERING, INC. 939 Main St, Suite C Yarmouth Port, MA 02675 Phone: 508-362-4541 prisciIla@downcape.com 0 '.i 0 v �, /.t. a A9 .:! • I I I C�RPORATEED ti Natice af Jrdvd CONSERVATION OFFICE �'ene�cae 9n�c�u�cact�ari: 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. YC � Does the property have any outstanding/expired Orders of Conditions? If so, please file a Request F I W rq-� or 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" L/ Legal ad fee: Separate check made payable to "Town of Yarmouth" Please list project property's street address on checks. Refer to Fee Schedu:<-_ 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 SIERONOI@mass.gov with the subject line in the email per DEP's request listed as "YARMOUTH - NOI - Street Address - Applicant Name" and copied bdirienzo(a)-yarmouth.ma.us and iierolimo@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 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(a)-mass.gov, Amanda. Davis(aD-mass.gov CC bdirienzo(aD_yarmouth.ma.us and jierolimo(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 �d.ierM • supplemental information to the Town of Yarmouth Waterways/Shellfish Committee via the Natural rcc l 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 LlMassachusetts 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: 1952198 Document: WPA Form 3 - NOI Size of File: 272.81K Status of Transaction: In Process Date and Time Created: 11/17/2025:9:43:41 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. Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Transaction #:1952198 WPA Form 3 - Notice of Intent Cityrrown:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A.General Information 1. Project Location: a. Street Address 232 BLUE ROCK ROAD b. City/Town YARMOUTH c. Zip Code 02664 d. Latitude 41.68743N e. Longitude 70.16582W f. Map/Plat # 101 g.Parcel/Lot # 170 2. Applicant: r Individual r Organization a. First Name RAN b.Last Name SONG c. Organization d. Mailing Address 142 HIGHLAND AVENUE e. City/Town WINCHESTER f. State MA g. Zip Code 01890 h. Phone Number i. Fax j. Email 3.Property Owner: T more than one owner a. First Name RAN b. Last Name SONG c. Organization JOURNEYS INVESTMENTS LLC d. Mailing Address 142 HIGHLAND AVENUE e. City/Town WINCHESTER f. State MA g. Zip Code 01890 h. Phone Number i. Fax j.Email 4.Representative: a. First Name DANIEL A. b. Last Name OJALA, PE, PLS c. Organization DOWN CAPE ENGINEERING, INC. d. Mailing Address 939 ROUTE 6A, SUITE C e. City/Town YARMOUTH PORT f. State MA g. Zip Code 02675 h.Phone Number 508-362-4541 i.Fax j.Email info@downcape.com 5.Tota1 WPA Fee Paid (Automatically inserted from NOI Wetland Fee Transmittal Form): a.Total Fee Paid 542.00 b.State Fee Paid 258.50 c.City/Town Fee Paid 283.50 6.General Project Description: EXISTING LICENSED PIER WITH PROPOSED FLOAT MODIFICATION AND WALL AND PILINGS TO BE LICENSED 7a.Project Type: 1. r- Single Family Home 2. r- Residential Subdivision 3. r Limited Project Driveway Crossing 4. 1i Commercial/Industrial 5. P Dock/Pier 6. r Utilities 7. rv- Coastal Engineering Structure 8. r Agriculture (eg., cranberries, forestry) 9. r- Transportation 10. i 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 CMR 10.53 (inland)? Page 1 of 7 * ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Transaction #:1952198 WPA Form 3 - Notice of Intent City/Town:YARMOUTH Ll H Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 1. r Yes P No If yes, describe which limited project applies to this project: 2. Limited Project 8.Property recorded at the Registry of Deeds for: a.County: b.Certificate: c.Book: d.Page: BARNSTABLE 235050 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. i— Bordering Vegetated Wetland c. r Land under Waterbodies and Waterways d. r Bordering Land Subject to Flooding e.r— Isolated Land Subject to Flooding 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 £ r- Riverfront Area 1. Name of Waterway (if any) 2. Width of Riverfront Area (check one) r- 25 ft. - Designated Densely Developed Areas only r 100 ft. - New agricultural projects only r- 200 ft. - All other projects 3. Total area of Riverfront Area on the site of the proposed project 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? r" Yes i No Page 2 of 7 * ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Transaction #:1952198 Ll 8 WPA Form 3 - Notice of Intent Citylfown:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 6. Was the lot where the activity is proposed created prior to August 1, 1996? r Yes r 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. r7o Land Under the Ocean 0.75 1. square feet 2. cubic yards dredged c. r Barrier Beaches Indicate size under Coastal Beaches and/or Coatstal Dunes, below d. Wo Coastal Beaches 0 1. square feet 2. cubic yards beach nourishment e. r Coastal Dunes 1. square feet 2. cubic yards dune nourishment f. r Coastal Banks 0 1. linear feet g. r Rocky Intertidal Shores 1. square feet i-L r Salt Marshes 1. square feet 2. sq ft restoration, rehab, crea. i r Land Under Salt Ponds 1. square feet 2. cubic yards dredged j. ry Land Containing Shellfish 0.75 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 1 rr Land Subject to Coastal 500 Storm Flowage 1. square feet 4.Restoration/Enhancement I! 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 If the project involves Stream Crossings, please enter the number of new stream crossings/number of replacement stream crossings. Page 3 of 7 * ELECTRONIC COPY LlcirMassachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Transaction #:1952198 WPA Form 3 - Notice of Intent y/Town:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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. f- 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) I. i Percentage/acreage of property to be altered: (a) within Wetland Resource Area (b) outside Resource Area percentage/acreage percentage/acreage 2. i- 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. i Photographs representative of the site c. r MESA filing fee (fee information available at: htro://www.mass.2ov/eea/aQencies/df--/dfw/natural-heritage/regulatory- review/mass-endangered-species-act-mesa/mesa-fee-schedule.htinl ) 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. i Vegetation cover type map of site e. i- Project plans showing Priority & Estimated Habitat boundaries d. OR Check One of the following 1. r Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, hU://www.mass.aov/eea/agencies/dfg/dfw/laws-reLnilations/cmr/321-cmr-1000-massachusetts-endangered- species-act.html# 10.14; the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR 10.37 and 10.59.) 2.l— Separate MESA review ongoing. a. NHESP Tracking Number b. Date submitted to NHESP 3. i Separate MESA review completed. Include copy of NHESP "no Take" determination or valid Conservation & Management Permit with approved plan. Page 4 of 7 * ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: LlV Protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Transaction #:1952198 WPA Form 3 - Notice of Intent ciry/Town:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 * 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. I— Not applicable - project is in inland resource area only b. ry Yes 1— No 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.iYes rNo 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 r 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 i+r 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 I— Vol.2, Chapter 3) 2. A portion of the site constitutes redevelopment r 3. Proprietary BMPs are included in the Stormwater Management System i b.% No, Explain why the project is exempt: I. Single Family Home 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 Page 5 of 7 * ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Transaction #:1952198 WPA Form 3 - Notice of Intent City/Town:YARMOUTH Massachusetts Wetlands Protection Act-M.G.L. c. 131, §40 r housing project) with no discharge to Critical Areas. D. Additional Information Applicants must include the following with this Notice of Intent (NOI). See instructions for details. Online Users: Attach the document transaction number (provided on your receipt page) for any of the following information you submit to the Department by regular mail delivery. 1. USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for the r 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 r [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. r a. Plan Title: b. Plan Prepared By: c. Plan Signed/Stamped By: c. Revised Final Date: e. Scale: SITE PLAN SHOWING EXISTING LICENSED PIER WITH PROPOSED FLOAT DANIEL A. OJALA, MODIFICATION AND PE, PLS, DOWN CAPE September 25, 2025 WALL AND PILINGS ENGINEERING, INC TO BE LICENSED AT 232 BLUE ROCK ROAD (SOUTH) YARMOUTH 5. If there is more than one property owner, please attach a list of these property owners not listed on this form. r- 6. Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. r 7. Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. 8. Attach NOI Wetland Fee Transmittal Form. 9. Attach Stormwater Report, if needed. r Page 6 of 7 * ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: - Protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Transaction #:1952198 fie- 8 WPA Form 3 - Notice of Intent City/fown:YARMOUTH 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 1 and 2 of the NOI Wetland Fee Transmittal Form) to confirm fee payment: -325i 317 1 _ _tt1171-6Z 2. Municipal Check Number 3. Check date 4. State Check Number 5. ChC�h/eecck�_�dattee 6 Payer name on check: First Name 7. Payer name on check: Last Name F. Signatures and Submittal Requirements 1 hereby 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. 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 I0.05(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. 10/30/2025 1. Signature of Applicant 2. Date 3. Signature of Property Owner(if different) 4. Date S. Signature of Representative fif arty) 6. Date 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 sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the Notice of Intent. Page 7 of 7 * ELECTRONIC COPY Priscilla Leclerc From: edep.confirmation@mass.gov Sent: Monday, November 17, 2025 9:43 AM To: Heatherlee Vermette Cc: Priscilla Leclerc Subject: eDEP Submittal Confirmation for DEP Transaction ID: 1952198 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-feed back. html. To contact MassDEP Programs, please see http://mass.gov/dep/about/contacts.htm. DEP Transaction ID: 1952198 Date and Time Submitted: 11/17/2025 09:42:33 AM Form Name: WPA Form 3 - NOI Project Location City/Town Name: YARMOUTH location: 232 BLUE ROCK ROAD General Description: EXISTING LICENSED PIER WITH PROPOSED FLOAT MODIFICATION AND WALL AND PILINGS TO BE LICENSED Applicant Information Name: JIAN SONG Company Address: 142 HIGHLAND AVENUE WINCHESTER MA 01890 Payment Information Your fee for the state share is $: 258.50 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 : 24-346 Song Abutters Notice 24-346 Song Exist Pier Site Plan 9-25-25 bw 24-346 Song NOI Abutters List and Map 10-20-25 24-346 Song Photos 24-346 Song Project Narrative 24-346 Song Shellfish Survey 24-346 Song Site Access Authorization 24-346 Song USGS Locus Map Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File #: WPA Form 3 - Notice of Wetland FeeTransmittal eDEP Transaction #:1952198 City/Town:YARMOUTH LlForm Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Applicant Information 1. Applicant: a. First Name RAN c. Organization d. Mailing Address 142 HIGHLAND AVENUE e. City/Town WINCHESTER f. State h. Phone Number i. Fax 2.Property Owner:(if different) a. First Name RAN c. Organization JOURNEYS INVESTMENTS LLC d. Mailing Address 142 HIGHLAND AVENUE e. City/Town WINCHESTER f.State h. Phone Number i. Fax 3. Project Location: a. Street Address 232 BLUE ROCK ROAD 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 b.Last Name SONG MA g. Zip Code 01890 j. Email b. Last Name SONG MA g. Zip Code 01890 j.Email b. City/Town YARMOUTH Activity Type Activity Activity Fee RF Multiplier Sub Total Number A.) WORK ON DOCKS, PIERS, REVETMENTS, 135.5 4.00 542.00 DIKES, ETC. (COASTAL OR INLAND). City/Town share of filling fee State share of filing fee Total Project Fee $283.50 $258.50 $542.00 Page 1 of 1 * ELECTRONIC COPY NOTICE OF INTENT NARRATIVE 232 Blue Rock Road Bass River, South Yarmouth PROJECT NARRATIVE Introduction/history The site consists of an existing dwelling on a little over 1/3rd acre lot, bordered to the northeast by tidal Bass River. A Ch. 91 License (#3047) issued in 1992 for the current fixed dock and a 6' x 16' float for the owner at that time. Mr. Song purchased the property in January of 2024, with the current configuration: (1) 5"x 12' float, (1) 6'x 12' float and (1) 6' x 16' float plus 3 attachment pilings. A previous owner had also installed a landscape tie wall to protect the bank. The current owner realized that the dock configuration does not match the license. As well, the landscape tie wall does not appear to be licensed (MHW hits the wall just above the toe.) He is therefore attempting to license the current configuration with float modifications, as well as the wall so as to rectify the discrepancies constructed under previous ownership. An RDA filing in 2024 sought to permit the float configuration with attachment piles; the filing was subsequently withdrawn with no decision rendered. The Resource areas associated with the site are Riverfront, Salt Marsh, Coastal Beach, Coastal Bank, Land Containing Shellfish, Land Under Ocean, Fish Run and Land Subject to Coastal Storm Flowage. A shellfish survey was conducted in May of 2025 by John Lowell of East Dennis Oyster Co; the report is enclosed as part of this filing package. 310 CMR 10.27 Coastal Beach 10.32 Salt Marsh 10.58 Riverfront The entire site lies within the Riverfront Resource Area. Structures that are subject to a Ch. 91 license are exempt from Riverfront regulations and associated fees. The Coastal Beach is an area of sand that lies seaward of the Salt Marsh and extends to Mean Low Water. The Beach will continue to respond to wave activity and high tides as it always has, since at least the time of the original license. At time of replacement, the decking shall be non-CCA treated and have 1" spacing in accordance with current regulations. At time of next maintenance, the lowest structural member of the pier shall be a minimum 6' above the salt marsh elevation. Signs currently exist on the pier near the mean high water mark to indicate to the public their lateral passage rights by utilizing the existing steps, easily accessed at MHW 310 CMR 10.30 Coastal Bank The Coastal Bank consists of healthy vegetation and is supported by a landscape tie wall, a portion of which lies below MHW. The client is seeking to formally permit this wall. The wall was installed prior to their ownership of the property (sometime prior to 2024). Its presence does not appear to have negatively impacted the stability of the bank. - 1 - 310 CMR 10.34 Land Containing Shellfish, 10.35 Fish Run, & 10.25 Land Under Ocean The 6' x 12' and 5' x 12' floats and piles which show up in an aerial from July 2007 appear to have been added to the licensed 61x 16' float. The current floats are 228 sf, an excess of 28 s.f. above the 200' sf maximum allowed under the regulation. The unlicensed 5' x 12' float has allowed for a greater depth of water off the end of the pier, in effect allowing for the minimum 3' of water at MLW. The proposed replacement of the 6'x 12' and 6' x 16' floats with (1) 17.5' x 8' float will bring the float square footage down to the 200 sf allowable maximum. The addition of 2' of width will not impact navigation or affect shellfish habitat. One piling will either be removed and re -located or a new piling installed for the new float. Temporary minor impacts are expected during this process, with 0.75 sf of bottom area displaced, with any suspended sediments created by initially jetting and then hammer -driving the pile carried away by the tidal current. A shellfish survey performed in October of 2024 by John Lowell of East Dennis Oyster Company indicated a healthy shellfish population of differing sizes (predominately Mercenaria mercenaria) primarily within a 30' band within the footprint of the dock, ramp and floats. The sizes ranged from seed (those less than 1 ") to quahog size. The numbers and sizes observed by John indicate a healthy shellfish habitat. He observed no eel grass. Land Subject to Coastal Storm Flowage The site is subject to the 100 year flood elevation of 11 NAVD with that portion landward of this as above the 500 year flood elevation. 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. 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) One inch plank spacing proposed, maximum 4' wide at time of next maintenance (3) No elimination of moorings, no impeding of navigation due to its position amongst similar piers in this area of Bass River. They all appear to extend about the same distance into the rtiver. Distance to channel exceeds 100' requirement. (4) No salt marsh to be impacted by pier, ramp or floats (5) No navigational impacts due to its positioning. The current configuration has existed now for at least 17 years with no known complaints . Area is not used for swimming (6) Public right of passage..... Signs exist on the pier at MHW informing the public of their right to pass via the existing stairs for along shore access. (7) Base of the pier shall be as close as possible to the centerline of the Iot.....The pier and floats are roughly centered on the lot. -2- (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 fixed pier, ramp and floats is 75' from MHW (under the 80' maximum allowed). (11) The water depth at the proposed float at MLW is 3.1', which exceeds the Coastal Zone Management suggestion of a min. 30" depth and meets the 3' min. requirement under the Yarmouth By-law. (12) (a) Existing float is 85' to the abutting northerly float, proposed is 95'; with existing/proposed 55' to the abutting southerly float. Hardship exists due to the small amount of water frontages of these lots. There are no known issues from abutters, access to channel is a straight shot perpendicular to the float. (b) Navigable channel is greater than 155' from the float. (c) no public launching/swimming areas within 300' (d) new float will be 41' to northerly property line extension, 24' to southerly line extension (1' variance requested). This positioning is no closer than what has existed for at least 17 years. (13) Proposed float total area will be 200 sf, which meets the local regulation and reduces what currently exists by 28 sf. (14) Owner does not have a jet ski (n/a) (15) No lifts proposed (16) Contractor removes and stores ramp and float in the off-season (between November 1 and April 1st) off -site (17) n/a No expansion at this time; dock does not extend 80' beyond MHW (18) Non-CCA material proposed except on those timbers/piles that are greater than 3" in thickness (19) Dock is not within a no -dock zone (20) n/a (not a public project) (21) n/a (not currently destroyed (24)a: Soundings performed as per requirements. No eel grass beds noted. Navigation aids were located via survey. Seasonal removal of floats and ramp required off -site. Soundings survey done at normal low tide conditions in light winds. Shellfish survey performed by John Lowell. In summary, the licensing project requires 2 minor variances under the Yarmouth Dock Regulations. Specifically, a 1' variance is requested to the local requirement of 25' min to lot line (extension). The current float has been at this offset for at least 17 years and appears to have no deleterious effects. The second requested variance is the setback distance to the southerly abutting float (from required 75' to 55'. This variance is required due to the small length of water frontage for these lots and has existed since at least 2007. The small amount of boating activity in this area has not been impacted from this reduction in setback. 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 -3- Wetland Regulations, section 7. There will be no adverse effects to any areas subject to the protection of these regulations. Construction Protocol It is expected that any pier maintenance in the future (replacement of piling and decking materials) will occur from a barge during higher tide conditions so that it will not ground out. Materials will be stockpiled in the owner's yard and on the barge. Any work will be subject to the Conservation Commission and their regulations at the time of filing. -4- John Lowell P. O Box 501 South Dennis, MA 02660 SITE LOCATION: 232 BLUE ROCK RD SOUTH YARMOUTH MA DATE: May 14, 2025 TIDE: Low 8:59 am .01 WEATHER: 64 degrees, overcast SITE CONDITIONS The site consists of an existing wooden seawall with some marsh grass. There are ribbed mussels, fiddler crabs and a few oysters in the marsh grass area. There is a vigorous tidal flush and moderate boat traffic in this area. The bottom is sandy and fairly hard. A significant and very robust quahog population was observed under and around the float, the dock and the pilings extending into the channel. No eel grass was present on this site. TECHNIQUE 40 3'X3' sample plots were established and sampled for 70' in the survey area. A standard quahog rake lined with %2" mesh was used for all sampling plots. SHELLFISH SURVEY PLOT SAMPLING RESULTS - 232 BLUE ROCK ROAD SOUTH YARMOUTH I j 5/14/2025 E f � TRANSECT# P LOT# 1 2 i 3 4 j 5 j 0 N/A N/A 0 j 0 N/A I ' 10 N/A N/A j 0 I 0 N/A 20 0 j 0 I 0 0 I 0 I 30 0 0 I 0 0 I 0 40 50 0 � 0 CH Q SEED j LN 2Q I 0 CH 2Q LN SEED LN CH 5Q 21-N SEED 3Q LN ,-�5Q CH LN F 60 CH LN 3SEED 2CH LN 4CH 34 5Q 2LN 70 CH LN 2Q CH 3SEED 3CH 2Q LN 8CH 51-N 4Q 6Q 5CH 31-N I I i KEY I OY =OYSTER _ I 'SHACK = DEAD SHELL I i I CH = CHERRYSTONE { i I I i l _ Q= QUAHOG LN = LITTLENECK f I I �S = QUGHOG SEEDLING (<1°) RM=RIBBED MUSSEL i SC=SCALLOP i I John Lowell P. O Box 501 South Dennis, MA 02660 May 14, 2025 TO: Conservation Commission FROM: John Lowell SUBJECT: Shellfish Survey, 232 BLUE ROCK RD SOUTH YARMOUTH MA SURVEY DATE: May 14, 2025 CREDENTIALS AND EXPERIENCE of SURVEYOR: Shellfishing is the surveyor's full time occupation, and he has been shellfishing on Cape Cod since 1983 Has held commercial and family licenses since the mid-90's Aquaculture permit since 2003 Interstate Wholesale Dealer license since 2006 Shellfish Committee member for Town of Dennis since 2004 Shellfish surveys and relays for the Town of Dennis since 2006 MUSS U.LNPARTAEWrOFWINTMW a US AILANTIIV-AN L le 1A—M f, Locus 232 Blue Rock Rd South Yarmouth 4p A . - " 0 eD Sgrop Mal row. lip Iv, 441, 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: L The name of the applicant is Jian Song, Journeys Investments LLC 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 232 Blue Rock Road, South Yarmouth D. Proposed work is EXISTING LICENSED PIER WITH PROPOSED FLOAT MODIFICATION AND WALL AND PILINGS TO BE LICENSED E. Copies of the Notice of Intent may be examined at the Yarmouth Town Hall at the Conservation Commission office between the hours of 9:00 a.m. and 4:00 p.m. Monday thru Friday. For more information, call (508) 398-2231 ext. 1288. F. Copies of the Notice of Intent may be obtained from either the applicant or applicant's representative. Applicant's phone number Or Applicant's representatives phone number 508-362-4541 G. Information regarding the date, time and place of the public hearing may be obtained by calling the Yarmouth Conservation Commission office at (508) 398-2231 ext. 1288 H. Person sending this notification (applicant, representative or other) Name Down Cape Engineering, Inc. Address 939 Route 6A Town Yarmouth Port State MA Zip 02675 Telephone 508-362-4541 NOTES: • Notice of the public hearing, including date, time and place will be published at least five (5) days in advance in a newspaper of general circulation. • Notice of the public hearing, including date, time and place will be posted in the Town Hall not less than forty-eight hours in advance. • You may also contact the Southeast Regional Office of the Department of Environmental Protection at (508) 946-2800 for more information about this application. 101/ 172/ / / ROGERS DANIEL J ROGERS JUSTINE A 110 GRAFTON ST MILLBURY, MA 01527 1011 1711 TRICKETT ANNE MARIE (PERS REP) 238 BLUE ROCK RD SOUTH YARMOUTH, MA 02664 101/ 170/ JOURNEYS INVESTMENTS LLC 142 HIGHLAND AVE WINCHESTER, MA 01890 101/ 169/ / / PIERI WILLIAM M TR ROMANELLI-PIERI LYNN TR 53 FAIR OAKS PARK NEEDHAM, MA 02492 101/ 131/ / / RILEY CULLINANE JENNIFER SWEET JOSEPH 225 BLUE ROCK RD SOUTH YARMOUTH, MA 02664 101/ 144/ CULLINANE PAUL J CULLINANE JILL 231 BLUE ROCK RD SOUTH YARMOUTH, MA 02664 101/ 1451 GLEASON JAMES R GLEASON KATELYN 239 BLUE ROCK RD SOUTH YARMOUTH, MA 02664 Please use this signature to certify this list of properties abutting within 100' of the parcel located at: 232 Blue Rock Rd., South Yarmouth, MA 02664 Assessors Mqp 101, Lot 179 Andy Machq>fo, Director of Assessing October 20, 2025 Yarmouth, MA 10 1. 166 10 1. 13 p� - -------- C)JA ---------- 10 1 rF"72 - ---------- ------- I.Lt 141 - - - - - - - - - - - - -- ----------- 101.149 oll; 11ft 11414*7 rkll ft141 - ----------- 101.156 2 172 101.173 102.11 404 102.13 'y,=P09ATEJ��,'JJ Site Ucmj aathatkation 5own DEPARTMENT OF CONSERVATION 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: 232 Plue Rock Road, South Yarmouth, MA Asses§ors Map/Lot: Map 101 parcel 170 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: Please Print Name: Jian Song, Journeys Investments LLC If other than owner, please state whether tenant, agent, or other: Mailing Address: 142 Higland Avenue Winchester, MA 01890 Phone: 508-362-4541 Down Cape EngirLe@ing Inc Email: info@downcape.com Fag: Date: 10/30/2025 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 Priscilla Leclerc From: Sent: To: Cc: Subject: Received! Kathryn Brooks Administrative Assistant Yarmouth Natural Resources 424 Route 28, West Yarmouth (508) 760-4800 Brooks, Kathryn <KBrooks@yarmouth.ma.us> Friday, October 31, 2025 2:00 PM Priscilla Leclerc; Condon, David Sarah Ojala; Daniel A. Ojala, PE PLS; Danny Gonsalves; Phellyp Tonial; Heatherlee Vermette; Heather Marie Cornell RE: Waterways Filing for Jian Song, 232 Blue Rock Road, South Yarmouth -----Original Message ----- From: Priscilla Leclerc <priscilla@downcape.com> Sent: Friday, October 31, 2025 1:25 PM To: Condon, David <dcondon@yarmouth.ma.us>; Brooks, Kathryn <KBrooks@yarmouth.ma.us> Cc: Sarah Ojala <sojala@downcape.com>; Daniel A. Ojala, PE PLS <downcape@downcape.com>; Danny Gonsalves <dgonsaives@downcape.com>; Phellyp Tonial <Phellyp@downcape.com>; Heatherlee Vermette <heatherlee@downcape.com>; Heather Marie Cornell <hcornell@downcape.com> Subject: Waterways Filing for Jian Song, 232 Blue Rock Road, South Yarmouth Attention!: This email originates outside of the organization. Do not open attachments or click links unless you are sure this email is from a known sender and you know the content is safe. Call the sender to verify if unsure. Otherwise delete this email. Hello Dave and Kathryn, Attached is a Waterways Filing for Jian Song, 232 Blue Rock Road, South Yarmouth. Three paper packets will be delivered shortly. Regards, Priscilla Leclerc Down Cape Engineering, Inc. 939 Route 6A Yarmouth Port, MA 02675 508-362-4541