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HomeMy WebLinkAboutNOI 6.9.2026 TO: Town of Yarmouth Conservation Commission 1146 Route 28 South Yarmouth, MA 02664 DATE: June 2026 PROJECT: #17 Thornton Brook Road Yarmouth, MA #: 25-134 Please find enclosed a Notice of Intent application submittal for the July 2, 2026 public hearing. If you have any further questions or concerns, please feel free to contact me by phone or email. COPIES DESCRIPTION LAST MODIFIED 7 Notice of Intent Documents 8 Existing Conditions Plan (1 original, 7 copies) 8 Site Plan (1 original, 7 copies) 8 Architectural Plans 1 Town of Yarmouth - NOI Local Bylaw Fee $ 300.00 1 Town of Yarmouth - Portion of WPA Fee $ 387.50 1 Town of Yarmouth - Legal Notice Fee $ 15.00 Timothy Santos, PE SIGNATURE: CC: Client File eDEP If you have any questions or comments, please feel free to contact Merrill a 781-826-9200. Thank you! Engineers and Land Surveyors June 2026 Yarmouth Conservation Commission Notice of Intent ABL Realty Trust – 17 Thornton Brook Road Table of Contents NOTICE OF INTENT 17 Thornton Brook Road Yarmouth, MA 1. Yarmouth Administrative Checklist 2. Notice of Intent Application a. WPA Form 3 b. Wetland Fee Transmittal Form c. Proof of eDEP Submittal d. Wetland Fee Category Summary e. Yarmouth Bylaw Fee Schedule 3. Project Narrative 4. Wetland Delineation Memo 5. Figures a. USGS MAP b. Aerial MAP c. FEMA MAP d. W etland & NHESP MAP 6. Site Photographs 7. Site Access Authorization Form & 21 Day Waiver Form 8. Abutter Notification a. Abutters List b. Notification to Abutters Yarmouth Admin. Checklist WPA Notice of Intent 1 Irene Coleman From:customerservice@nCourt.com Sent:Tuesday, June 9, 2026 11:10 AM To:Irene Coleman Subject:Receipt from nCourt WARNING: This email originated outside of the organization. USE CAUTION and confirm you recognize the sender before clicking on links or opening attachments. YOUR RECEIPT >> Paid To Name: Massachusetts Department of Environmental Protection Address 1: 100 Cambridge St, Suite 900 City: Boston State: Massachusetts Zip: 02114 Payment On Behalf Of First Name: IRENE Last Name: COLEMAN Address 1: 26 UNION STREET City: PLYMOUTH State/Territory: MA Zip: 02360 Description Attendee Amount DEP Tracking ID: 2022906 - WPA Form 3 - NOI (Fee Transmittal) eDEP Online Filling System $362.50 Receipt Date: 6/9/2026 11:10:07 AM ET Invoice Number: 0ce6430c-0fa0-4639-a010-f01753a2f642 Convenience Fee: $9.39 Total Amount Paid: $371.89 Billing Information First Name IRENE Last Name COLEMAN Address 1 427 Columbia Road City Hanover State/Territory MA Zip 02339 Phone Number (781) 887-3225 Email icoleman@merrillinc.com Credit / Debit Card Information Card Type Visa Card Number ************8594 WPA Fee Category Summary Category Activities and Fees Category 1 (Fee for each activity is $110): a.) work on single family lot; addition, pool, etc.; b.) site work without a house; c.) control vegetation; d.) resource improvement; e.) work on septic system separate from house; f.) monitoring well activities minus roadway; g.) new agricultural or aquaculture projects. Category 2 (Fee for each activity is $500) a.) construction of single family house; b.) parking lot; c.) beach nourishment; d.) coastal limited projects; e.) inland limited projects minus road crossings and agriculture; f.) each crossing for driveway to single family house; g.) each project source (storm drain) discharge; h.) control vegetation in development; i.) water level variations; j.) any other activity not in Category 1, 3, 4, 5 or 6; k.) water supply exploration. Category 3 (Fee for each activity is $1,050) a.) site preparation (for development) beyond Notice of Intent scope; b.) each building (for development) including site; c.) road construction not crossing or driveway; d.) hazardous cleanup; e.) water supply development. Category 4 (Fee for each activity is $1,450): a.) each crossing for development or commercial road; b.) dam, sluiceway, tidegate (safety) work; c.) landfills operation/closures; d.) sand and gravel operations; e.) railroad line construction; f.) bridge; g.) hazardous waste alterations to resource areas; h.) dredging; i.) package treatment plant and discharge; j.) airport tree clearing; k.) oil and/or hazardous material release response actions. Category 5 (Fee is $4 per linear foot; total fee not less than $100 or more than $2,000): a.) work on docks, piers, revetments, dikes, etc. (coastal or inland). Category 6 (Fee is $2 per linear foot for each resource area): For each resource area delineation, the fee shall not exceed $200 for activities associated with a single family house or $2,000 for all other activities). Wetland Delineation Memo P.O. Box 4012, Plymouth, Massachusetts 02361 617-529-3792 | www.ecrwetlands.com WETLAND DELINEATION MEMO TO: Merrill Engineers & Land Surveyors, Inc. FROM: Cameron Larson, Wetland Scientist DATE: May 23, 2025 RE: 17 Thorton Brook Road, Yarmouth Per your request, Environmental Consulting & Restoration, LLC (ECR) performed a review of the existing conditions at the property located at 17 Thorton Brook Road in Yarmouth (the site) on April 17, 2025. The purpose of the review was to identify wetland resource areas on and near the site. The site is located to the south of Thorton Brook Road at the western end of the road. The site consists of a single-family home with an associated paved driveway, maintained lawn, landscaped areas, etc. Wetland resource areas were delineated along the western portion of the site. ECR placed Bordering Vegetated Wetland (BVW) flags (pink/black striped ribbons) #A1 to #A12 along the limit of the vegetated wetland along the western property line. The wetland was delineated following the methodology established by the Massachusetts Department of Environmental Protection (DEP) regulations found at 310 CMR 10.55 pertaining to the delineation of Bordering Vegetated Wetlands. The delineation was performed by analyzing vegetation, hydrology within 12 inches of the surface, and soil conditions within 20 inches of the surface. The wetland contains hydric soils, saturated soils , and dominant wetland indicator plants. The BVW is associated with a USGS mapped perennial stream known as Thorton Brook. ECR delineated the Inland Bank (IB) associated with the stream in order to identify the limit of the 200-foot Riverfront Area that extends over the site. The stream flows entirely within the wetland system and is well-defined by obvious Banks. Inland Bank flags (blue ribbons) #IB1 to #IB10 were placed along the limit of the stream to the west of the site. As a result of ECR’s wetland delineation at the site, ECR confirms the site contains the following wetland resource areas and areas of Conservation Commission jurisdiction: • Bordering Vegetated Wetlands • 100-foot Buffer Zone to BVW • Inland Bank to a perennial stream • 200-foot Riverfront Area Also, a review of the MassMapper database reveals the following: 1. The site is not located within Estimated/Priority Habitat for Rare Species according to the Massachusetts Natural Heritage & Endangered Species Program (MaNHESP). 2. The site does not contain Certified Vernal Pools according to the MaNHESP. 3. The site does not contain areas mapped as Land Subject to Flooding (FEMA flood zones). 4. The site is not located within an Area of Critical Environmental Concern. Upon review of this wetland delineation memo, please contact me at (508) 648-3957 or cameron@ecrwetlands.com with any questions or requests for additional information. Figures Map USGS Aerial Map Wetland & NHESP Map - 17 Thornton Brook Road, Yarmouth Printed Mar 31, 2026 NHESP Priority Habitats of Rare Species NHESP Estimated Habitats of Rare Wildlife NHESP Certified Vernal Pools DEP Wetlands Detailed With Outlines Property Tax Parcels Site Photographs Site Access & 21 Day Waiver Form DEPARTMENT OF CONSERVATION Site acmj autho4ization Jojun 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: 17 Thornton Brook Road 46-5 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: 6/8/2026 Please Print Name: Timothy Santos, P.E. - Merrill Engineers & Land Surveyors If other than owner, please state whether tenant, agent, or other: Agent Mailing Address: 448 North Falmouth Hwy., Unit A North Falmouth, MA 02556 Phone: 781-887-3224 Cell: Email: tsantos@merrillinc.com Fax: 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 g Y. CONSERVATION OFFICE MATT L 7•/ RPORAT EO Town of Yarmouth -~" Conservation Commission 21-DAY WAIVER Please complete this form, sign at the bottom and return to the Conservation Office. Timothy Santos , hereby waive the 21-day time period for a public hearing/meeting and/or issuance of the: OOC / DOA / COC / ORAD following receipt of my filing of a: ® Notice of Intent ❑ Request for Determination of Applicability ❑ Request for Certificate of Compliance ❑ Other by the Yarmouth Conservation Commission under Massachusetts General Laws, Ch. 131, sec. 40, and/or under Yarmouth Wetland Bylaw. The application was submitted on for work at 17 Thornton Brook Road (project address/location) I am the: ❑ Applicant Signature June 11, 2026 (date received by Conservation Office) © Applicant's Representative ❑ Property Owner 6/8/2026 Date NOTE: Please be advised that you will be notified of the meeting date once this application has been assigned to a Conservation Meeting Agenda at the email address listed on the application. 21 day waiver Rev July 2024 New Logo Abutters Information 38/ 4/ / / MELLO WILSON CRANBERRY CORP 16 DENVER DR WEST YARMOUTH, MA 02673 46/ 4/ / / MAIMONE MICHAEL 1031 CASTLEBRIDGE CROSSING WEBSTER, NY 14580 46/ 5/ / / MARIANO NICOLA TRS MARIANO ANDREA TRS 103 ALBERT RD AUBURNDALE, MA 02466-1300 46/ 6/ / / BAYIDES CHRISTINA R TRS THE BAYIDES FAMILY IRREV TRUST 16 BRIDLE PATH CIR FRAMINGHAM, MA 01701 46/ 14/ / / SIDERIS MARK SIDERIS MARYBETH 30 UNION STREET WATERTOWN, MA 02472 46/ 15/ / / SIDERIS MARK SIDERIS MARYBETH 30 UNION ST #2 WATERTOWN, MA 02472 46/ 16/ / / TRUONG TUYEN NGUYEN HUY 32 HEADWATERS DR WEST YARMOUTH, MA 02673 38/ 37/ C1/ / SOARES JAIR L 38 HEADWATERS DR WEST YARMOUTH, MA 02673 38/ 37/ C2/ / WINSLOW STEPHEN WINSLOW LINDA 40 HEADWATERS DR WEST YARMOUTH, MA 02673 38/ 31/ / / RIDEOUT RICHARD P JR RIDEOUT ZAIRA R 14 BRAUN RD WEST YARMOUTH, MA 02673 38/ 30/ / / FURGET JEREMY H C/O FURGET TERRI L 137 CAMMETT RD MARSTONS MILLS, MA 02648-1519 38/ 29/ / / ODONNELL KEVIN ODONNELL VALLORIE 24 BRAUN RD WEST YARMOUTH, MA 02673 46/ 1/ / / CERVERA TODD ARGUELLO LEAH ST PIERRE 8 BRAUN RD WEST YARMOUTH, MA 02673 CONDO MAIN 38 HEADWATERS DR WEST YARMOUTH, MA 02673 Please use this signature to certify this list of propertiesabutting within 100' of the parcel located at:17 Thornton Brook Rd., West Yarmouth, MA 02673Assessors Map 46, Lot 5___________________________________Andy Machado, Director of AssessingMarch 23, 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 ________________________________________________ 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 ______________________________ D. Proposed work is _____________________________________________________________ ____________________________________________________________________________ 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 ___________________________________ 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 __________________________________________ Address ________________________________________ Town _________________ State _______ Zip _________ Telephone _______________________________________ 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.