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HomeMy WebLinkAboutNOI 4.10.2026 Engineers Environmental Scientists Software Developers Landscape Architects Planners Surveyors 349 Main Street, Route 28, Unit D / West Yarmouth, MA 02673 / 508-778-8919 703 Route 28, South Yarmouth Notice of Intent Site Redevelopment Town of Yarmouth Conservation Commission April 2026 Prepared for: Steven M. Katz 99 Sullivan Road West Yarmouth, MA 02673 BSC Job #0101264.00 Engineers Environmental Scientists Software Developers Landscape Architects Planners Surveyors 349 Main Street, Route 28, Unit D / West Yarmouth, MA 02673 / 508-778-8919 APRIL 10, 2026 www.bscgroup.com Town of Yarmouth Conservation Department 1146 Route 28 Yarmouth, MA 02664 Attn: Brittany DiRienzo, Conservation Agent RE: Notice of Intent Application, Proposed Site Redevelopment 703 Route 28, South Yarmouth, BSC Job #0101264.00 Dear Ms. DiRienzo and Members of the Yarmouth Conservation Commission, BSC Group, Inc. (BSC) is filing this Notice of Intent (NOI) on behalf of Steven Katz (the applicant) for a proposed project at 703 Route 28, South Yarmouth, Massachusetts (the Site). The proposed project involves redevelopment of the Site to construct three FEMA compliant duplex structures. For more information, please refer to the attached Site Plans and Project Description. This application is being submitted in accordance with the Massachusetts Wetlands Protection Act and the Town of Yarmouth Wetlands Protection Bylaw. If you have any questions or require additional information, please contact BSC’s office at 508-778-8919. Sincerely, BSC Group, Inc. Paul Mancuso Associate, WPIT cc: MassDEP, Southeast Regional Office Steven M. Katz, 99 Sullivan Road, West Yarmouth, MA 02673 TABLE OF CONTENTS Item Attachment Yarmouth Application Forms 1 WPA Form 3 - Notice of Intent Form 2 Project Description 3 USGS Site Locus Map 4 FEMA Map 5 NHESP Priority & Estimated Habitat Map 6 Site Photographs 7 Abutter Information 8 Site Plans 9 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 • bdirienzo@yarmouth.ma.us Rev 1/7/2026 Conservation Office 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 of Conditions 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 NOI Administrative Checklist 1 complete NOI application WPA form 3 with original signatures. Typed signatures will not be accepted. 7 copies: 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 current abutters list identifying the property owners who are to be notified and abutter notification form. All abutters to be notified via certified mail, Certified Mail Receipts (PS Form 3800) must be provided. 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 the 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’s share of State filing fee (Refer to NOI Form) shall be sent to: Dept. of Environmental Protection Box 4062 Boston, MA 02211 Digital and DEP 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 the entire 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 “YARMOUTH - NOI - Street Address - Applicant Name” and CC: 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. 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 • bdirienzo@yarmouth.ma.us Rev 1/7/2026 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. Information on MESA project review can be found here. 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 lotinquiry 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 • Fax (508)-398-0836 • TTD# (508) 398-2231 Site Access Authorization Form General Information: 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: _____________________________________________________________ Assessors Map/Lot: _____________________________________________________________ I (we) hereby authorize the individual members of the Yarmouth Conservation Commission and its agents to enter upon the referenced property for the purpose of gathering information regarding the application filed with the Commission pursuant to the Wetlands Protection Act (M.G.L. Ch. 131, s. 40) and/or the Yarmouth Wetlands Protection Bylaw (Chapter 143). Authorized Signature: _______________________________________ Date: ______________ Please Print Name: _________________________________________ If other than owner, please state whether tenant, agent, or other: _____________________ Mailing Address: ________________________________________________ ________________________________________________ ________________________________________________ Phone: __________________________ Cell: __________________________ Email: __________________________ Fax: __________________________ DEPARTMENT OF CONSERVATION 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): 703 Route 28 a. Street Address South Yarmouth b. City/Town 02664 c. Zip Code Latitude and Longitude: 41.648695 d. Latitude -70.222791 e. Longitude 33 f. Assessors Map/Plat Number 120 g. Parcel /Lot Number 2. Applicant: Steven a. First Name Katz b. Last Name c. Organization 99 Sullivan Road d. Street Address West Yarmouth e. City/Town MA f. State 02673 g. Zip Code 508-360-3851 h. Phone Number i. Fax Number SKatz@LathamCenters.org 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): Paul a. First Name Mancuso b. Last Name BSC Group, Inc. c. Company 349 Route 28, Unit D d. Street Address West Yarmouth e. City/Town MA f. State 02673 g. Zip Code 508-778-8919 h. Phone Number i. Fax Number PMancuso@BSCGroup.com j. Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $4,725.00 a. Total Fee Paid $2,350.00 b. State Fee Paid $2,375.00 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: Site Redevelopment. See Project Description for more detail. 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) 27664 c. Book 75 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 Parker's River (Coastal) 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: 32,248 square feet 4. Proposed alteration of the Riverfront Area: 12,690 proposed, 20,997 existing a. total square feet 5,378 proposed, 11,028 existing b. square feet within 100 ft. 7,312 proposed, 9,969 existing 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 20,997 sf existing, 12,690 proposed 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 Phone: (508) 389-6360 2026 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. 703 Route 28 Redevelopment a. Plan Title BSC Group, Inc. b. Prepared By Brian Yergation, PE c. Signed and Stamped by 3/18/2026 d. Final Revision Date 1" = 20' 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: 9003 2. Municipal Check Number 4-9-26 3. Check date 9002 4. State Check Number 4-9-26 5. Check date Steven 6. Payor name on check: First Name Katz 7. Payor name on check: Last Name M L11 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 F. Signatures and Submittal Requirements Document Transaction Number Yarmouth City/Town I 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 10.05(5)(a). I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G.L. c. 131, § 40. Notice must be made by Certificate of Mailing or in writing by hand delivery or certified mail (retur eceipt requested) to all abutters within 100 feet of the property line of the project location. 1. SignatUOWT Applicant 3. Signature of Property Owner (if different) 5. Signature of Representative (if any) ea4 �I b�w,�✓ 2. Date 4. uaie o. uaie 2/2/2026 For Conservation Commission: Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents, two copies of the NO[ 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 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 9 of 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: 703 Route 28 a. Street Address South Yarmouth b. City/Town 9002 c. Check number $2,350.00 d. Fee amount 2. Applicant Mailing Address: Steven a. First Name Katz b. Last Name c. Organization 99 Sullivan Road d. Mailing Address West Yarmouth e. City/Town MA f. State 02673 g. Zip Code 508-360-3851 h. Phone Number i. Fax Number SKatz@LathamCenters.org 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. 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 Cat 3: $1,050.00 3 $1,050.00 $3,150.00 x1.5 RFA multiplier $4,725.00 Town By Law Cat 3 (x3): $450x3= $1,350.00 Legal Ad Fee:$15.00 $15.00 Step 5/Total Project Fee: $4,725.00 Step 6/Fee Payments: Total Project Fee: $4,725.00 a. Total Fee from Step 5 State share of filing Fee: $2,350.00 b. 1/2 Total Fee less $12.50 City/Town share of filling Fee: $2,375.00 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.) Notice of Intent - Redevelopment 703 Route 28 South Yarmouth, MA 02664 PROJECT DESCRIPTION 1.0 INTRODUCTION The proposed project at 703 Route 28 in South Yarmouth, MA (the Site) consists of redevelopment of the Site (the Project). This application is being submitted in accordance with the Town of Yarmouth Wetlands Protection Bylaw (the Yarmouth Bylaw) and Massachusetts Wetlands Protection Act and associated regulations (the WPA). 2.0 SITE DESCRIPTION The property located at 703 Route 28 in South Yarmouth contains an old discount office furniture store that is no longer in use. The property is bordered by the Pier 7 Condominiums to the east, a marina associated with the Freedom Boat Club to the south, Route 28 to the north, and Parkers River to the west. The jurisdictional wetland resource areas that are located on Site and are protected under the Yarmouth Bylaw and the WPA include: • Coastal Bank • Land Subject to Coastal Storm Flowage (LSCSF) FEMA Flood Zone AE elevation 11 and VE elevation 13 • 200’ Riverfront Area (RFA) 3.0 PROPOSED ACTIVITIES The purpose of this application is to authorize the following proposed activities: Site Redevelopment: The proposed project at the site consists of redeveloping the site by removing the existing building and pavement and constructing three residential housing buildings with two units in each building. The project will involve demolition and disposal of the existing building. The existing areas of pavement will be removed, and existing pervious areas will be cleared and grubbed, stripped and stockpiled at needed. All existing trees outside of the eastern limit of clearing will be protected. Once demolition and clearing are complete, construction will begin. The proposed project involves construction of three residential buildings with two units in each building. The residential buildings and associated parking areas have been situated as far from Parker’s River as feasible given Site constraints. The proposed project includes installing a large stormwater infiltration system to meet stormwater requirements for the Site. The existing septic tank and distribution box will be removed and disposed of, and the existing leaching field will be pumped, filled, and abandoned in place. The new proposed residential units will be tied into the Yarmouth sewer system and not have a septic system on Site. The improved stormwater features on Site in conjunction with sewering the Site will create a betterment on the Site. The entire Site falls within the 200’ Riverfront Area (RFA) and Land Subject to Coastal Storm Flowage, and most of the Site falls within the 100’ buffer to top of coastal bank. Table 1 below details the impacts to resource areas on Site from existing conditions vs proposed conditions and the overall decrease in impacts to those resource areas. Resource Area Existing Impacts (sf) Proposed Impacts (sf) Decrease (sf) Coastal Bank 100’ Buffer Zone 16,515 9,195 7,320 100’ Riverfront Area 11,028 5,378 5,650 100’-200’ Riverfront Area 9,969 7,312 2,657 Land Subject to Coastal Storm Flowage 20,997 12,690 8,307 The 100' RFA has 11,028 sf of existing impacts. Project will remove 6,104 sf of impact to 100' RFA. The project proposes 4,924 sf of impact over existing impacted 100' RFA with 454 sf of new impacts to 100' RFA for a total of 5,378 sf of impact to the 100' RFA. This is a reduction of 5,650 sf of impacts to the 100’ RFA. The 100'-200' RFA has 9,969 sf of existing impacts. The project will remove 2,682 sf of impact to the 100'-200' RFA. The project proposes 7,236 sf of impact over existing impacted 100'-200' RFA with 76 sf of new impacts to 100' RFA for a total of 7,312 sf of impact to 100'-200' RFA. This is a reduction of 2,657 sf of impacts to the 100’-200’ RFA. Notice of Intent - Redevelopment 703 Route 28 South Yarmouth, MA 02664 Construction Sequencing: The proposed project activities will follow a typical construction timeline. First, (1) sediment controls will be installed along the limit of work and a temporary construction entrance and a concrete washout area will be established, then (2) site preparation including demolition and disposal, pavement removal, and clearing and grubbing will occur, then (3) construction of the new residential units, and then (4) final site stabilization with loaming, seeding, and planting of all disturbed areas. Typical construction equipment will be utilized for this project. 4.0 PERFORMANCE STANDARDS The Massachusetts Wetlands Protection Act (WPA) contains performance standards for work on a Coastal Bank 310 CMR 10.30 Coastal Bank: WHEN A COASTAL BANK IS DETERMINED TO BE SIGNIFICANT TO STORM DAMAGE PREVENTION OR FLOOD CONTROL BECAUSE IT SUPPLIES SEDIMENT TO COASTAL BEACHES, COASTAL DUNES OR BARRIER BEACHES, 310 CMR 10.30(3) THROUGH (5) SHALL APPLY: The existing coastal bank at the Site does not provide sediment to coastal beaches, coastal dunes, or barrier beaches as it already exists as a rip-rap stone seawall. WHEN A COASTAL BANK IS DETERMINED TO BE SIGNIFICANT TO STORM DAMAGE PREVENTION OR FLOOD CONTROL BECAUSE IT IS A VERTICAL BUFFER TO STORM WATERS, 310 CMR 10.30(6) THROUGH (8) SHALL APPLY: (6) Any project on such a coastal bank or within 100 feet landward of the top of such coastal bank shall have no adverse effects on the stability of the coastal bank. The proposed project will not have an impact on the stability of the coastal bank on Site. The proposed project removes pavement and provides a larger buffer to top of coastal bank. (7) Bulkheads, revetments, seawalls, groins or other coastal engineering structures may be permitted on such a coastal bank except when such bank is significant to storm damage prevention or flood control because it supplies sediment to coastal beaches, coastal dunes, and barrier beaches. The proposed project does not involve any coastal engineering structures, so this performance standard does not apply. (8) Notwithstanding the provisions of 310 CMR 10.30(3) through (7), no project may be permitted which will have any adverse effect on specified habitat sites of rare vertebrate or invertebrate species, as identified by procedures established under 310 CMR 10.37. The proposed project is not located within specified habitat or rare vertebrate or invertebrate species so this performance standard does not apply. 310 CMR 10.58 Riverfront Area (5) Redevelopment of RFA: (5) Redevelopment Within Previously Developed Riverfront Areas; Restoration and Mitigation. Notwithstanding the provisions of 310 CMR 10.58(4)(c) and (d), the issuing authority may allow work to redevelop a previously developed riverfront area, provided the proposed work improves existing conditions. Redevelopment means replacement, rehabilitation or expansion of existing structures, improvement of existing roads, or reuse of degraded or previously developed areas. A previously developed riverfront area contains areas degraded prior to August 7, 1996 by impervious surfaces from existing structures or pavement, absence of topsoil, junkyards, or abandoned dumping grounds. Work to redevelop previously developed riverfront areas shall conform to the following criteria: (a) At a minimum, proposed work shall result in an improvement over existing conditions of the capacity of the riverfront area to protect the interests identified in M.G.L. c. 131 § 40. When a lot is previously developed but no portion of the riverfront area is degraded, the requirements of 310 CMR 10.58(4) shall be met. The proposed project will result in an improvement over existing conditions so that the RFA will protect the interests of M.G.L. c. 131 § 40. The proposed project will reduce the area of impervious surfaces on site by removal of pavement. The project will provide a larger buffer to the Parker’s River, and that buffer will be planted with native species. The proposed buildings will be flood zone compliant, while existing structures on Site are not flood zone compliant. The proposed project will tie into town sewer lines and the existing septic Notice of Intent - Redevelopment 703 Route 28 South Yarmouth, MA 02664 system will be taken out of use. All of these factors contribute to making this Site redevelopment project an overall betterment compared to existing conditions. (b) Stormwater management is provided according to standards established by the Department. Stormwater management is provided. Please see attached stormwater report. (c) Within 200 foot riverfront areas, proposed work shall not be located closer to the river than existing conditions or 100 feet, whichever is less, or not closer than existing conditions within 25 foot riverfront areas, except in accordance with 310 CMR 10.58(5)(f) or (g). The proposed project will not include work closer to the river than existing conditions, except for a native buffer strip that will be planted along the top of the coastal bank associated with Parker’s River. The native buffer zone plantings are located as close to the river as feasible and will enhance the functions of the RFA and coastal bank buffer zone. Portions of the existing pavement on the Site closest to the Parker’s River will be removed and disposed of. The three FEMA compliant duplex structures are proposed further from Parker’s River than the existing pavement and have been situated as far from the river as feasible. The closest existing pavement is ~36’ feet from the Parker’s River, and the proposed project has the duplex structures ~46’ feet from Parker’s River. (d) Proposed work, including expansion of existing structures, shall be located outside the riverfront area or toward the riverfront area boundary and away from the river, except in accordance with 310 CMR 10.58(5)(f) or (g). The proposed project has situated the proposed FEMA compliant duplex structures as far from Parker’s River as feasible. The structures are proposed further from Parker’s River than existing pavement at the Site. Portions of the existing pavement will be removed and these areas will be loamed and seeded. (e) The area of proposed work shall not exceed the amount of degraded area, provided that the proposed work may alter up to 10% if the degraded area is less than 10% of the riverfront area, except in accordance with 310 CMR 10.58(5)(f) or (g). The area of proposed impacts to RFA are significantly less than existing amount of degraded area of RFA. The existing degraded RFA on Site is 20,997 sf and the proposed project reduces the impact to RFA down to 12,690 sf which is a reduction of 8,307 sf of RFA impacts. (f) When an applicant proposes restoration on-site of degraded riverfront area, alteration may be allowed notwithstanding the criteria of 310 CMR 10.58(5)(c), (d), and (e) at a ratio in square feet of at least 1:1 of restored area to area of alteration not conforming to the criteria. Areas immediately along the river shall be selected for restoration. Alteration not conforming to the criteria shall begin at the riverfront area boundary. Restoration shall include: 1. removal of all debris, but retaining any trees or other mature vegetation; 2. grading to a topography which reduces runoff and increases infiltration; 3. coverage by topsoil at a depth consistent with natural conditions at the site; and 4. seeding and planting with an erosion control seed mixture, followed by plantings of herbaceous and woody species appropriate to the site; The proposed project will grade restored areas to a topography that will reduce runoff and increase infiltration. The project will provide topsoil cover to a depth consistent with natural conditions at the Site. A native buffer strip will be planted along the top of the coastal bank as close to Parker’s River as feasible and an erosion control seed mix will be spread over restored areas. (g) When an applicant proposes mitigation either on-site or in the riverfront area within the same general area of the river basin, alteration may be allowed notwithstanding the criteria of 310 CMR 10.58(5)(c), (d), or (e) at a ratio in square feet of at least 2:1 of mitigation area to area of alteration not conforming to the criteria or an equivalent level of environmental protection where square footage is not a relevant measure. Alteration not conforming to the criteria shall begin at the riverfront area boundary. Mitigation may include off-site restoration of riverfront areas, conservation restrictions under M.G.L. c. 184, §§ 31 through 33 to preserve undisturbed riverfront areas that could be otherwise altered under 310 CMR 10.00, the purchase of development rights within the riverfront area, the restoration of bordering vegetated wetland, projects to remedy an existing adverse impact on the interests identified in M.G.L. c. 131, § 40 for which the applicant is not legally responsible, or similar activities undertaken voluntarily by the applicant which will support a determination by the issuing authority of no significant adverse impact. Preference shall be given to potential mitigation projects, if any, identified in a River Basin Plan approved by the Secretary of the Executive Office of Energy and Environmental Affairs. Notice of Intent - Redevelopment 703 Route 28 South Yarmouth, MA 02664 Some native plantings are proposed on Site along the top of the coastal bank as close to the Parker’s River as possible to enhance the buffer zone and RFA on Site. However, the proposed project results in significantly less impacts within the RFA on Site than existing. Therefore, mitigation is not required as part of the proposed project. (h) The issuing authority shall include a continuing condition in the Certificate of Compliance for projects under 310 CMR 10.58(5)(f) or (g) prohibiting further alteration within the restoration or mitigation area, except as may be required to maintain the area in its restored or mitigated condition. Prior to requesting the issuance of the Certificate of Compliance, the applicant shall demonstrate the restoration or mitigation has been successfully completed for at least two growing seasons. The applicant agrees to include this conditions when they issue a COC for the project. The Town of Yarmouth Wetlands Bylaw Regulations contains performance standards for work on a Coastal Bank, within Land Subject to Coastal Storm Flowage, and within Coastal Watershed Areas. A discussion of how the proposed project meets these performance standards is presented below. Town of Yarmouth Wetland Protection Regulations Part 4. Regulations for Coastal Wetlands 4.05 Coastal Banks: (3) Performance Standards: 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: The proposed project does not involve a new bulkhead, revetment, seawall, groin, or other coastal engineering structure on a coastal bank. As such, this performance standard does not apply to the proposed project. However, this property predates August 10, 1978. (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. The proposed project will not have an adverse effect due to wave action on the movement of sediment from the coastal bank to coastal beach or land subject to tidal action or flooding and will not have an adverse effect on the stability of the coastal bank. The project has been designed to meet current codes for building in a flood zone to ensure compliance with these regulations. Town of Yarmouth Wetland Protection Regulations Part 4. Regulations for Coastal Wetlands 4.10 Land Subject to Coastal Storm Flowage: (3) Performance Standards: 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; i. reducing the ability of the land to buffer more inland areas from flooding and wave damage; 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. 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 Notice of Intent - Redevelopment 703 Route 28 South Yarmouth, MA 02664 protected areas. Solid fences (stockade and similar) must be constructed with 6 inches of clearance below to allow the passage of floodwaters and wildlife; iv. causing, or creating the likelihood of, damage to other structures on land within the flood plain as debris (collateral damage); v. causing ground, surface or saltate pollution triggered by coastal storm flowage; 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. vii. prevention of the migration of resource areas such as salt marshes due to sea level rise. 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. 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. x. All groundwater elevations shall incorporate seasonable adjustments if test holes and or leaching components are 100 feet or closer from major estuaries. xi. Any proposed deck, shed, or other similar structure must be securely anchored to a footing or foundation. xii. Any activity shall preserve existing soils, vegetation, and other natural conditions that serve as buffers to coastal flooding and storm surges. The proposed project is redevelopment of the Site. The Site is not within the LiMoWA or the V Zone. Therefore, no impervious surfaces are proposed within the LIMoWA or V Zones. All performance standards listed above in 4.10 (3) (a) will be abided by. (b) Additional Performance Standards within the V Zone Within the V Zone, in addition to the general performance standards set forth in Section 4.10, (3)(a), the following additional performance standards shall apply: i. No new construction or footprint expansion of any building or other structure, road, impervious surface, or septic system shall be permitted. ii. No new construction or expansion of any structure that redirects or channelizes floods including retaining walls, fences, and sea walls shall be permitted. iii. With respect to any building or other structure, in the event of any substantial repair of the foundation, any substantial improvement (as defined in the state building code), the entire building or structure shall be elevated at least two (2) feet above the BFE. iv. The use of fill is prohibited except for bank, dune, or beach nourishment/restoration The proposed project is not in the velocity zone, as such this performance standard does not apply. (c) Additional Performance Standards within the MoWA Within the MoWA, in addition to the general performance standards set forth in Section 4.10 (3)(a), the following additional performance standards shall apply: i. The new construction and footprint expansion of any building or other structure, road, impervious surface, or septic system shall be permitted, subject to the other provisions of the Bylaw and Regulations, provided that any building or occupied structure shall be elevated at least two (2) feet above the BFE. ii. No new construction or expansion of any structure that redirects or channelizes floods including retaining walls, fences, and sea walls shall be permitted. iii. With respect to any building or other structure, in the event of any substantial repair of the foundation, any substantial improvement, the entire building or structure shall be elevated at least two (2) feet above the BFE. The proposed project is not within the Limits of Moderate Wave Action so this performance standard does not apply. Town of Yarmouth Wetland Protection Regulations Part 4. Regulations for Coastal Wetlands 4.11 Coastal Watershed Areas: Notice of Intent - Redevelopment 703 Route 28 South Yarmouth, MA 02664 (3) Performance Standards: In order to properly protect our Coastal Watershed Areas, no project will be allowed that incorporates any of the practices referenced in section 4.11(1)(b) i through vi. The proposed project does not incorporate any of the practices referenced in Section 4.11(1)(b) i through vi. As such, the project complies with this performance standard. 5.0 ALTERNATIVE ANALYSIS The proposed project is located within Riverfront Area, as such we are providing our review of potential project alternatives. Scenario 1: No Redevelopment – In this scenario the existing Site remains as is. The existing Site has 20,997 sf of impervious surfaces within the RFA and the proposed scenario has 12,690 sf of impervious surfaces within the RFA. So in this scenario the RFA remains degraded and is not enhanced with pavement removal, a native buffer strip, improved stormwater mitigation, and removal of existing septic. Scenario 2: Proposed Redevelopment – This scenario is the proposed project as described in this application. In this scenario a buffer strip is planted with native species along the top of the coastal bank to Parker’s River to enhance the functions of the RFA and coastal bank buffer zone. In this scenario impervious surfaces within the RFA are reduced by 8,307 sf. In this scenario a large stormwater infiltration system is proposed on Site to improve stormwater management on Site. In this scenario, the existing (outdated) septic system is taken out of service and proposed structures are connected to town sewer lines. The proposed scenario presents a vast improvement over existing conditions. Scenario 3: Additional Duplex Structures or Larger Duplex Structures – In this scenario the applicant would be looking to maximize the number of units or the size of the units that would fit on Site. This would increase impervious surface area compared to the proposed project and would bring the proposed work closer to the Parker’s River. 6.0 MITIGATION A line of sediment controls will be installed at the limit of work prior and a temporary construction entrance will be established to the start of project activities. These controls will remain in place and in operational condition until final site stabilization is complete. All construction materials will be staged as far from resource areas as possible. All debris from construction activities will be contained within appropriate receptacles and/or immediately removed from the Site. Upon completion of construction all disturbed areas will be loamed and seeded or planted for stabilization. Additionally, a native buffer strip is proposed along the top of the coastal bank as close to Parker’s River as possible. Please refer to the Landscape Plan sheet for details on the native plantings proposed along the top of the coastal bank. 41°39'0"N41°39'0"NDocument Path: P:\010126400\Ecology\Mapping\8.5x11_Portrait_Locus.mxdDate Saved: 1/29/2026 10:33:29 AM THIS DOCUMENT IS INTENDED FOR GENERAL PLANNING & INFORMATION PURPOSES ONLY. ALL MEASUREMENTS & LOCATIONS ARE APPROXIMATE Scale:703 ROUTE 28SOUTH YARMOUTH, MA 02664 USGS Site Locus Map (Page size: 8.5 X 11) 1 inch = 417 feet 0 230 460 Feet H 1:5,000 ,PROJECTLOCATION Service LayerCredits: Copyright:©2013 NationalGeographic Society,i-cubed 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 1/29/2026 at 3:37 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°13'40"W 41°39'9"N 70°13'3"W 41°38'42"N Basemap Imagery Source: USGS National Map 2023 kjkj kj NEPTUNE LNPAWKANNAWKUT DRM A I N S T NEPTUNE RDS T A T E R T E 28YARMOUTH 703 ROUTE 28SOUTH YARMOUTH, MA 02664 THIS DOCUMENT IS INTENDED FOR GENERAL PLANNING & INFORMATION PURPOSES ONLY. ALL MEASUREMENTS & LOCATIONS ARE APPROXIMATE YARMOUTH NHESP Map H File Loc ation : P:\01 0126 400 \Ec ology\Mapping \8.5x 11_Po rtrait_NHESP.mxdDate Sa ved : 2/2/2026 8 :4 9:5 6 AM 0 80 160 Feet 1 inch = 16 7 fee t Resource Areas Reviewed:NHESP Certified Vernal Pools; PotentialVernal Pools; NHESP Priority Habitats;NHESP Estimated Habitats; NHESPRestricted Data; Areas of CriticalEnvironmental Concern; MassDEPEelgrass Mapping Project; CZM ShellfishSuitability Areas; DMF DesignatedShelfish Growing Areas Scale:,PROJECTLOCATION LegendTown Boundary 1:2,000 Notice of Intent: Site Redevelopment 703 Route 28 South Yarmouth, MA 02664 Photo Page 1 Photo #1: View of the the existing Site looking from the Parker’s River bridge. Facing southeast Photo #2: View of the the existing Site looking from the Parker’s River bridge. Facing south L20 CERTIFIED oRECEIPT m Domestic -�For delivery visit our welosite at wwvv.uspSx0m1. u�i ru Certified Mau Fee r. m $ _ Extra ices & Feet pcck bay add faa as Iqi El Return Receipt (hardoopy) S c13 ri i C3 ❑ Return Receipt (electronic) 5 PDaViiark. ❑ Certlfled Mall Restricted Delivery $ Heru--- ❑ Adult Signature Required $.• ❑ Adult Signature Restricted Drdtvary S� ► r) Pasta¢® ( / O g r•:1 Total Postagb and fees NN, C3Ir iljS sr b iifLn co I]" �i___ r$tef3 Postal Service CERTIFIED � . ■ m Domestic Mail Only m rU Cenftd Mail Fee orvices & fees (c&%kbox, nuHfee--PP1q- e) Yj 1k r•q ❑ Return Recelpt (hardcopy) $ ❑ Return Receipt (electronic) $ Postmark � I �❑ Certified Mall Restricted Delivery $ Here rLl ❑ Adult Signature Required $ 111 © Adult Stgnuure Rw*lad Dellvery $ Posffige N r . 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ALP rU Certified MaR Fe�Feas[cjjwkaw. rfl $ Extra Cos & add fee as appr wim of ❑Karam Receipt (hardcoPY) $ 1� 1 C3 ❑Return Receipt (electronle) $ PGSUrI rk n- ❑ Cerdfled Mall Restricted Delivery $ Haw rU ❑Aduit. t Signature Required $ L.n ❑ Adult Signature Restricted Delivery$ o Postage s ,® TotaE Postage and trees o s Er , .Er ru) CERTIFIED , o RECEIPT m i Domestic Mail Only ...n For delivery Information, visit our website at www.usps.com'. ru r rU Certified Mali Fee m S cO Extra Services & Feesaddresasa—.dare r-1 ❑ Return Receipt (hardeopy) $ O ❑ Return Receipt (electronic) s _PasmtaAc ❑ Certified Mall Restricted Delivery $ Here ❑Adult Signature Required $ru i L[]Adult Signature Restricted Delivery $i"- Postage ' _ - P r �'., O g tV 7. . Total Postage and Fees in ♦`; os Er , @N I I /I V rimt trs.f In 77 �Z Doi Abutting Properties for 703 ROUTE 28 SOUTH YARMOUTH, MA 02664 32/ 120/ / / (100 Feet) Location: 32/ 121/ / / 679 &681 ROUTE 28 Owner: GOLD VILLAGE WATERSIDE LLC 681 ROUTE 28 WEST YARMOUTH, MA 02673 Location: 32/ 118/ / / 17 NEPTUNE LN Owner: NEPTUNE LANE LLC C/O SILVIO DIGIOVANNI PO BOX 370 SOUTH YARMOUTH, MA 02664 Location: 32/ 92/ / / 674 ROUTE 28 Owner: MARITIME HERITAGE RESEARCH LABS LLC 16 MACMILLAN WHARF PROVINCETOWN, MA 02657 Location: 32/ 93/ / / 700 ROUTE 28 Owner: TOWN OF YARMOUTH 1146 ROUTE 28 SOUTH YARMOUTH, MA 02664-4463 Location: 32/ 119/ / / 711 ROUTE 28 Owner: PIER 7 CONDOMINIUM TRUST C/O R J + R A OSTELLINO TRS 711 ROUTE 28 SOUTH YARMOUTH, MA 02664-5138 Location: 32/ 120/ / / 703 ROUTE 28 Owner: KATZ STEVEN M 99 SULLIVAN RD WEST YARMOUTH, MA 02673 Please use this signature to certify this list of propertiesabutting within 100' of the parcel located at:703 Route 28, South Yarmouth, MA 02664Assessors Map 32, Lot 120______________________________________Andy Machado, Director of AssessingApril 22, 2026 NOTIFICATION TO ABUTTERS UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT & TOWN OF YARMOUTH WETLAND BY-LAW, CHAPTER 143 In accordance with the second paragraph of the Massachusetts General Laws Chapter 131, Section 40, you are hereby notified of the following: A. The name of the applicant is Steven Katz. 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 703 Route 28, So. Yarmouth, MA 02664 D. Proposed work is Site redevelopment. Construct three residential buildings with two units in each building. 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 508-778-8919. 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 BSC Group, Inc. c/o Paul Mancuso Address 349 Route 28, Unit D Town West Yarmouth State MA Zip 02673 Telephone 508-778-8919 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.