The URL can be used to link to this page

Home My WebLink AboutRDA 5.26.2026 TECAssocIATEsCONSULTING 40 MECHANIC STREET, SOUTH PORTLAND, MAINE 04106 18 May 2026 Yarmouth Conservation Commission Yarmouth Conservation Commission Yarmouth Town Office MAY 2 6 2026 1146 Route 28 South Yarmouth, MA 02664 RECEIVED RE: Request For Determination of Applicability Massachusetts Coastal Railroad (MCRR) Right-of-Way in Yarmouth Dear Commission Members: In 2021, your commission approved a delineation of wetlands along MCRR's right-of-way. The determination that was issued allowed MCRR to conduct vegetation management activities in accordance with the Commonwealth of Massachusetts Rights-of-Way Management Regulations (333 CMR 11.00) and MCRR's Vegetation Management Plan (VMP). Each year since the determination was issued you have been supplied with MCRR's Yearly Operational Plan (YOP) and updates of the delineation, as necessary. MCRR is now in the process of renewing its VMP for the period covering 2026 through 2030. In accordance with the Wetlands Protection Act, determinations of applicability issued for work conforming to 333 CMR 11.00 are in effect for the life of the VMP and must be renewed with the new VMP. Accordingly, I have enclosed an RDA application to renew the wetland delineation along MCRR's right-of-way in Yarmouth. The enclosed maps represent the locations of the permanent marking setbacks for sensitive areas as prescribed by 333 CMR 11.00. In addition to the wetland resource areas the mapping also depicts the MassGIS data layers for drinking water supply areas and Priority Habitat areas of MassWildlife's Natural Heritage and Endangered Species Program. Please consider a positive 2a determination confirming the accuracy of the resource area boundaries. If you have any questions, please do not hesitate to call or e-mail. Very truly yours, TEC ASSOCIATES %r�%� ‘14 Thomas W. Lewis Enclosures cc: Regional Office, MassDEP Herb Ross, MCRR TEC Associates, South Portland, ME I T: (207) 767-6068 Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands ,'l WPA Form 1- Request for Determination of Applicability Yarmouth Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Municipality A. General Information Important: 1. Applicant: When filling out forms on the Thomas Lewis computer, use only First Name Last Name the tab key to move 40 Mechanic Street your cursor-do not use the return key. Address South Portland ME 04106 � City/Town State Zip Code ��_VVV (207)219-9884 tom@tecassoc.com Phone Number Email Address N. 2. Property Owner(if different from Applicant): Massachusetts Coastal Railroad First Name Last Name 200 Myles Standish Blvd, Suite 3 Address Taunton MA 02780 City/Town State Zip Code (508)291-2116 hross@masscoastal.com Phone Number Email Address(if known) 3. Representative (if any) Thomas Lewis First Name Last Name TEC Associates Company Name 40 Mechanic Street Address South Portland ME 04106 City/Town State Zip Code (207)767-6068 Phone Number Email Address(if known) B. Project Description 1. a. Project Location (use maps and plans to identify the location of the area subject to this request): N/A Yarmouth Street Address City/Town How to find Latitude 41.69806 -70.25782 and Longitude Latitude(Decimal Degrees Format with 5 digits after decimal Longitude(Decimal Degrees Format with 5 digits after e.g.XX.XXXXX) decimal e.g.-XX.XXXXX) and how to convert N/A N/A to decimal degrees Assessors'Map Number Assessors'Lot/Parcel Number b. Area Description (use additional paper, if necessary): Mass Coastal Railroad right-of-way in Yarmouth c. Plan and/or Map Reference(s): (use additional paper if necessary) MCRR Vegetation Management maps (2 sheets) 2/14/11 &5/11/26 Title Date Title Date wpaform 1.doc•rev.4/28/2023 WPA Form 1—Request for Determination of Applicability•Page 1 of 3 LMassachusetts 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 Municipality B. Project Description (cont.) 2. a. Activity/Work Description (use additional paper and/or provide plan(s) of Activity, if necessary): Vegetation management on railroad right-of-way in accordance with guidelines set forth in Massachusetts Rights-of-Way Management regulations (333 CMR 11.00) and the approved Vegetation Management Plan. No work will take place within 10 feet of resource areas. 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). 310 CMR 10.03(6)(b) Presumption Concerning Application of Herbicides 310 CMR 10.05(3)(a)2. Requests for Determination of Applicability 310 CMR 10.58(6)(a) Exemption for activity in the Riverfront Area 310 CMR 100.00 Appendices - 1987 Preface to Wetlands Regulations Relative to Rights-of-Way Management 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 8/1/96 ❑ Single family house on a lot recorded after 8/1/96 ❑ Expansion of an existing structure on a lot recorded after 8/1/96 ❑ Project, other than a single-family house or public project, where the applicant owned the lot before 8/7/96 ❑ New agriculture or aquaculture 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 U.S. 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.) wpaforml doc•rev.4/28/2023 WPA Form 1—Request for Determination of Applicability•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 Municipality C. Determinations 1. I request the Yarmouth make the following determination(s). Check any that apply: Conservation Commission ❑ a. whether the area depicted on plan(s) and/or 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) and/or map(s) referenced above are accurately delineated. ❑ c. whether the Activities depicted on plan(s) referenced above is subject to the Wetlands Protection Act and its regulations. ❑ d. whether the area and/or Activities depicted on plan(s) referenced above is subject to the jurisdiction of any municipal wetlands' ordinance or bylaw of: 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 perjury 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 DEP 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 accordance with Section 10.05(3)(b)(1) of the Wetlands Protection Act regulations. Signature of Applicant Date 5/18/26 Signature of Representative(if any) Date wpaform 1 doc•rev.4/28/2023 WPA Form 1—Request for Determination of Applicability•Page 3 of 3