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HomeMy WebLinkAboutRDA 6.4.2026Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands } WPA Farm 1- Request for Determination of Applicability Yarmouth Massachusetts Wetlands Protection Act M.131. c. 131, §40 & Municipality A. General Information Town of Yarmouth Wetlands Protection Bylaw Important: 1- Applicant: When filling out forms on the Daniel & Deborah Bianchi computer, use only First Name Last Name the tab key to move 35 Ocean Avenue your cursor - do not use the return key Address South Yarmouth MA 02664 ILV City/Town state Zip Code Phone Number Email Address r 2. Property Owner (if different from Applicant): Daniel A. & Deborah A. Bianchi, Trs. 35 Ocean Avenue Nominee Trust First Name Last Name 35 Ocean Avenue Address South Yarmouth MA 02664 CitylTown State zip Code Phone Number Email Address (if known) 3. Representative (if any) Lynne Waiting Hamlyn First Name Last Name Hamlyn Consulting Company Name 690 Thousand Oaks Drive Add ress Brewster MA 02631 City/Town State Zip Code 774-323-0603 Ihamlyn@capecodwetlands.com Phone Number Email Address of known) B. Project Description 1. a. Project Location (use maps and plans to identify the location of the area subject to this request): 35 Ocean Avenue South Yarmouth Street Address City/Town How to find Latitude 41.65090-70.21322 and Longitude Latitude (Decimal Degrees Format with 5 digits after decimal Longitude (Decimal Degrees Format with 5 digits after e.g- XX-XXXXX) decimal a-g--XX-XXXXX) and how to convert 33 90 to decimal dearees Assessors' Map Number Assessors' Lot/Parcel Number b. Area Description (use additional paper, if necessary), See attached narrative. c. Plan and/or Map Reference(s): (use additional paper if necessary) Existing/Proposed Conditions Plan of Land in South Yarmouth, Massachusetts as Title prepared for Daniel & Deborah Bianchi by Paul A. Sweetser, P.L.S. Date Title Date wpaforml.doc • rev. 41MQ023 WPA Form 1 - Request for netermination of Applicadilily • Page 1 of 3 Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands Yarmouth WPA Form 1- Request for Determination of Applicability 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Municipality B. Project Description (cunt.) 2. a. ActivitylWork Description (use additional paper and/or provide plan(s) of Activity, if necessary): Proposed construction of an addition to a single-family dwelling. Work is to occur within land subject to coastal storm flowage only - see attached narrative. b. Identify provisions of the Wetlands Protection Act or regulations which may exempt the applicant from having to file a Notice of Intent for all or part of the described work (use additional paper, if necessary). 3. a. If this application is a Request for Determination of Scope of Alternatives for work in the Riverfront Area. indicate the one classification below that best describes the project. ❑ Single family house on a lot recorded on or before 811196 ❑ Single family house on a lot recorded after 811/96 ❑ Expansion of an existing structure on a lot recorded after 811/96 ❑ Project, other than a single-family house or public project. where the applicant owned the lot before 817/96 ❑ New agriculture or aquacuiture project ❑ Public project where funds were appropriated prior to 8/7/96 ❑ Project on a lot shown on an approved, definitive subdivision plan where there is a recorded deed restriction limiting total alteration of the Riverfront Area for the entire subdivision ❑ Residential subdivision, institutional, industrial, or commercial project ❑ Municipal project ❑ District, county. state. or federal government project ❑ Project required to evaluate off -site alternatives in more than one municipality in an Environmental Impact Report under MEPA or in an alternatives analysis pursuant to an application for a 404 permit from the US. Army Corps of Engineers or 401 water quality Certification from the department of Environmental Protection. b. Provide evidence (e.g., record of date subdivision lot was recorded) supporting the classification above (use additional paper and/or attach appropriate documents, if necessary.) wpaform5 doc • rev 4)28)2023 VVPA Form 1 - Request for Determination of AppIcablity - Page 2 of 3 Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands WPA Form 1- Request for Determination of Applicability Yarmouth Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Mureclpafity C. Determinations 1. 1 request the Yarmouth make the followinp determination(s). Check any that apply: Conservation Commission ❑ a- whether the area depicted on plan(s) andlor map(s) referenced above is an area subject to jurisdiction of the Wetlands Protection Act. b- whether the boundaries of resource area(s) depicted on plan(s) andlor map(s) referenced above are accurately delineated. D c. whether the Activities depicted on plan(s) referenced above is subject to the Wetlands Protection Act and its regulations. d. whether the area andlor Activities depicted on plan(s) referenced above is subject to the jurisdiction of any municipal wetlands' ordinance or bylaw of: Yarmouth Name of Municipality ❑ e- whether the following scope of alternatives is adequate for Activities in the Riverfront Area as depicted on referenced plan(s). D. Signatures and Submittal Requirements I hereby certify under the penalties of penury that the foregoing Request for Determination of Applicability and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I further certify that the property owner, if different from the applicant, and the appropriate ❑EP Regional Office were sent a complete copy of this Request (including all appropriate documentation) simultaneously with the submittal of this Request to the Conservation Commission. Failure by the applicant to send copies in a timely manner may result in dismissal of the Request for Determination of Applicability. Signatures I also understand that notification of this Request will be placed in a local newspaper at my expense in a E rdance with Section I U3j(b)(1) of the Wetlands Protection Act regulations- cc) - Si Lure of AplA ant Date Sign Represerttutirie titan ] Y wpafwmt.do - rep. 42M023 WPA Form 1 — Rlqu@M for DabwrnlnmOi of l4pQAc Miy • Page d of ? Daniel & Deborah Bianchi 35 Ocean Avenue, South Yarmouth, MA Discussion of proposed activity Summary The Applicant proposes to construct an addition to an existing single-family dwelling. The work is to occur within land subject to coastal storm flowage. There are no other wetland resource areas within 100 feet of the property. Resource area Land subject to coastal storm flowage Both 310 CMR 10.00 and Town of Yarmouth Wetlands Protection Regulations define the boundary of LSCSF as occurring at the limit of the 100-year flood zone as mapped on the Federal Emergency Management Agency's National Flood Hazard Layer Map. Accordingly, the project site is located within Flood Zone AE, el. 11 feet - FIRMette attached. The elevations shown on the Site Plan are based on NAVD 88. The property is located inland of the Limit of Moderate Wave Action, an area of minimal wave energy. Proposed activity The Applicant proposes to construct an addition to an existing single-family dwelling. There is to be no increase in bedroom number, so there is no proposed upgrade to the septic system. The Health Department has reviewed the plans and is requiring a minimum door opening. The addition is to be constructed to the street side of the house, over existing lawn. Elevation views of the proposed dwelling are attached. Roof run-off is to be directed to subsurface drywells or stone trenches along the roof dripline. Disturbed areas are to be seeded, underlain with a minimum 4 inches of loam. Compliance with wetlands regulations The project will not be a substantial improvement to the existing dwelling. Appendix 120.G of the Massachusetts State Building Code defines substantial improvement as any reconstruction, rehabilitation, addition, repair or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. Accordingly, there is no requirement to upgrade the existing construction to flood zone standards. Notwithstanding, the top of Foundation of the existing house is elevation 11.03 Feet. The Town of Yarmouth Wetlands Protection Regulations (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; The property is located in a dense residential neighborhood, close to Route 28. The 198 square -foot increase in the foundation footprint will not reduce the land's ability to absorb and contain flood waters. Roof run-off is to drain into subsurface drywells or stone drenches along the dripline. i. reducing the ability of the land to buffer more inland areas from flooding and wave damage, The locus is approximately .5 mile from Nantucket Sound inland of the Limit of Moderate Wave Action. The modest project will not increase flooding to more inland areas. H, increasing the elevation or velocity of flood waters, or by redirecting or increasing flows or causing channeliaation, in each case at the project site, adjacent or nearby properties, or any public or private way. The house occurs in a dense residential area between the Sound and Route 28 with the properties arranged in a more or less grid formation. The construction of an addition to the single-family dwelling will not increase the elevation or velocity of flood waters, nor will it redirect or increase flows or cause channelization. iii. displacing or diverting flood waters to other properties or resource areas. Fences andprivacy walls, including walls separating one propertyfrom another, may obstruct or divert flood flow and waves toward buildings and protected areas. Solid fences (stockade and similar) must be constructed with S inches of clearance below to allow the passage of floodwaters and wildlife; The project will not result in the displacement or diversion of waters to other properties. There is no other wetland resource area within 100 feet of the property. There are no fences or walls proposed. iv. causing, or creating the likelihood of, damage to other structures on land within the flood plain as debris (collateral damage); During construction of the addition, building debris is not to be left on the property. v. causing ground, surface or saltate pollution triggered by coastal storm flowage; There are no pollutants associated with the proposed project that would cause pollution in the resource area. 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 ofsubstantial vegetative cover and/or installation of fencing and other structures which prevent wildlife migration across property. 2 The small property in a dense residential neighborhood does not provide significant wildlife habitat, nor is it a migration corridor. The area of construction has been historically maintained as lawn with a foundation planting. vli. prevention of the migration of resource areas such as salt marshes due to sea level rise. There are no other resource areas within 100 feet of the locus site. The property is at a significant distance from the coast. viii. If flood control andstorm 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. And shall meet the following requirements, ix. Existing septic system and cesspool repairs will be allowed provided they meet all Title 5 and local Board of Health thresholds. The project has been reviewed by the Health Department. x. All groundwater elevations shall incorporate seasonable adjustments if test holes and or leaching components are I QD feet or closer from major estuaries. NA xi. Any proposed deck, shed, or other similar structure must be securely anchored to a footing or foundation. NA xii. Any activity shall preserve existing soils, vegetation, and other natural conditions that serve as buffers to coastal flooding and storm surges, The property is a developed residential site. The construction will occur over existing lawn. Disturbed lawn areas are to be planted with grass seed underlain with a minimum of 4 inches of loam. 3 CCL C 0 U J U) U) s E H 'L a tus dis in owl Ile spRUCE *91 on aim r� PINiG '00 Rom, rn m man' =I= dA n, Ln .� N M ■ ag - ~ We ■ra �I Enos 3nN3AV'NV3Jo be no I= Ln qw- q� AVENUES`Li .jIA1TA_CHEE RDAD Ob NviA_ bra �► R r . -� •40 ' E .ROAn i off qL kK► Its* cr L.7 •ago� v+ i 1!� ,� �► PVEMIIE fd q pal �� ca " P►some rr, A& NOTIFICATION TO ABUTTERS UNDER THE TOWN OF YARMOUTH WETLAND BY-LAW, CHAPTER 143 In accordance with the Town of Yarmouth Wetland Regulations Section 2.03, you are hereby notified of the following: A. The name of the applicant is Daniel & Deborah Bianchi a. The applicant has filed a Request for Determination of Applicability_ with the Yarmouth Conservation Commission, seeking knowledge of whether a project is subject to the Wetlands Protection Act (MGL c. 131 s. 40) or Bylaw (Town of Yarmouth Wetland By -Law, Chapter 143). C. The address of the lot where the activity is proposed is 35 Ocean Avenue. South Yarmouth, MA D. Proposed work is proposed construction of an addition to an existing single-family dwelling E. Copies of the Request for Determination of Applicability 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 Request for Determination of Applicability may be obtained from either the applicant or applicant's representative. Applicant's phone number Or Applicant's representatives phone number 774-323-0603 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 Hamlyn Consulting Address 690 Thousand Oaks Drive Town Brewster State MA zip 02631 Telephone 774-323-0603 Note: ■ 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 on the Town Website 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. d� w W a i at LL W es= 3 03 K A- px MVy 3 m a'i LL ,r p y� W T 7} G aR4 41 o Y 41 y ap ~ C N o t c c c rn m 9 y d L L � 16 C W f1 � � Vi � •• li 3t W s L] y LL c m ai o o� c e w m e -v m G a. 4j c 4 of c O a of N m a 1y c p a:d L. d L1 Y N H p N F` t7 & .L. 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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_ ,#_att Upfit: Does the property have any outstandinglexpired 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 DOA until any outstanding/expired Orders have been closed and recorded. To view all Conservation files/permits for the property address online, go to www.yarmouth.rna.us/LF Hardcopy filing dropped off or mailed to the Conservation Office including: Le/ 1 RDA Administrative Checklist 1 complete RDA application WPA form 1 with original signatures (double sided). ('see page 2) Detailed narrative of the project with sufficient information to enable the Commission to determine whether the proposed work will alter an area subject to protection. Confirm that the work described in the narrative, abutter notification. and plan matches and includes all proposed work/structures. If BV1W or vegetated wetlands are present. delineation sheets , coastal bank calculation and other relevant material if applicable (not applicable for flood zone only projects). ✓ 1 Yarmouth Assessor's locator map highlighting parcel(s) where work is proposed, including map and parcel numbers. _1 current abutters list identifying the property owners who are to be notified via certified mail. 1 abutter notification form accurately describing all work proposed in the narrative and plan. v Certified Mail Receipts (PS Form 3809) for all abutters notified. 1 original and 7 photocopies of the plan/sketch. folded separately, right side out with title and address visible. All plans shall reference NAVD1988 unless otherwise noted_ Landscape plans shall be detailed to show proposed and existing conditions, native species. quantity, size and spacing. 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. Digital and DEP filing A Of of the entire application emaiied to bdirienzo armouth.ma.us and Ilerolimo(o_)yarmouth.ma.us and ❑EP Southeast Region at SERO_NOI a@rnass.gov in the same email. Subject line shall be "YARMOUTH - RDA - Street Address - Applicant Name" Please list project property's street address in the pdf file name. 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. 1 understand that in person representation is required at the scheduled hearing to present to the conservation commission. Yarmouth Conservation Commission • 1 146 Route 28 - South Yarmouth. MA 42664-4442 Tel. (508)-398-2231 Ext. 1288 • Fax (508)-398-0936 • TTI);4 (508) 398-2231 • hdirienzo�A)vannouth.ma.us Rev 12/18/2025 'If the applicant is NOT the property owner t% Please submit a signed Site Access Authorization Form. AND �11A The owner must be sent a copy of the application via Certified Mail on the same day it is filed with this office. Please submit a copy of the Certified Mail receipt with application. It Applicable _Certified Mail Receipt for Massachusetts Natural Heritage and Endangered Species Program. Information on MESA project review can be found here. ej Certified Mail Receipt for Massachusetts Division of Marine Fisheries. If filing via email, dmf.envreview- south(qmass. gov, Amanda.❑avis[a)rnass.gov, CC: bdinenzo@yarmouth.ma.us and iierolimo[cr7�yarmouth.ma.us_ Yarmouth Conservation Commission • 1 146 Route 28 • South Yarmouth. MA 026644492 Tel. (568)-398-2231 Ext. 1288 • Fax (508)-398-0836 • TTD# (508) 398.2231 • bdirienzora),yannouth.ma.us Rey 12/18/2025 DEPARTMENT OF CONSERVA10N site acce,6,j auth"izatim .�l�c:nrn geneud jft: 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: 35 Ocean Avenue, South Yarmouth, MA 33/90 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: L Date: rs r Please Print Name- \J k-,A fh wIL � ,n If other than owner, please state whether tenant, agent, or other: Mailing Address:o k1 J -�' C","A 0 P mot' J-0- MA - Phone• _—] 'I - 3 2-", -- Q G v Cell: ko"tv, 0 c'CT e- c ,N4L�4c"-CO.. C U err Email: Fax: Yarmouth Conservation Commission • 1 146 Route 28 • South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 ■ Fax (508)-398-0836 • TTD# (508) 398-2231 CERTIFIED MAIL° RECEIPT Domestic Mail Daly i:9A C — Fae ❑ Aawm Raceiy.lpwtoopyj S C} Re:u:n Recei� CpleGrnnicy S O CeruhpYai'Restr,tedDowery S JSVZ =AOA Srg^ature Reouired S E` p P.Culr 5iq azure Rast•,cru4 Denary S r rOSSag9 ` Y P ft&9QRF1d Fees PS Farm 3800, Januo ry 2023 PSN :s30-W-OW-9oa7 See Reverse for Instructions U.S. Pascal Service" CERTIFIED MAIL" RECEIPT Domestic Mai! Only ru CERTIFIED MAIr RECEIPT Domestic Mail only � r •West r— RoAurg ! hA 0213? M Ma ! 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