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HomeMy WebLinkAboutNOI revised 6.11.2026Transmittal MerriIII���/�� Engineers and Land Surveyors TO: Town of Yarmouth Conservation Commission 1146 Route 28 South Yarmouth, MA 02664 DATE: June2026 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 �" t Timothy Santos, PE SIGNATURE: CC: Client File eDEP HANOVER OFFICE: 427 Columbia Road Hanover, MA 02339 781-826-9200 PLYMOUTH OFFICE: 362 Court Street Plymouth, MA 02360 508-746�060 MARINE DIVISION: 26 Union Street Plymouth, MA 02360 508-746�060 FALMOUTH OFFICE: 448 M Falmouth Highway Unit A North Falmouth, MA 02556 508-563-2183 merrillinc.com If you have any questions or comments, please feel free to contact Merrill a 781-826-9200. Thank you! Merrilll \Ii 7//,AlQ Engineers and Land Surveyors June 2026 Yarmouth Conservation Commission Notice of Intent 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. Wetland & 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 admhtbt}u itte eKe&tb t Conservation ✓V etke of ✓ f tad Office 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. SuniAting an. t(ppQicatiaw. 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 and must meet all 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(aD-yarmouth.ma.us and iierolimo(a)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: ✓ 1 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. ✓ 1 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(a)mass.gov, Amanda. Davis(a)mass.gov, CC: bdirienzo(c)-yarmouth.ma.us and iierolimo(a)yarmouth.ma.us. Waterway's Jurisdiction - Any coastal projects such as, but not limited to, docks, piers, bulkheads, revetments, dredging and boardwalks shall require submittal of all Notice of Intent, plans and 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 • bdirienzo(&yarmouth.ma.us Rev 1/7/2026 WPA Notice of Intent LlMassachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Transaction #:2022906 WPA Form 3 - Notice of Intent City/Town:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A.General Information 1. Project Location: a. Street Address b. City/Town d. Latitude f. Map/Plat # 2. Applicant: r Individual r Organization a. First Name c. Organization d. Mailing Address e. City/Town It. Phone Number 3.Property Owner: r more than one owner a. First Name c. Organization d. Mailing Address e. City/Town It. Phone Number 4.Representative: 17 THORNTON BROOK ROAD YARMOUTH c. Zip Code 41.65841N e. Longitude 46 g.Parcel/Lot # b.Last Name 02673 70.24480W 5 ABL REALTY TRUST 103 ALBERT ROAD NEWTON f. State MA g. Zip Code 02466 i. Fax j. Email b. Last Name ABL REALTY TRUST 103 ALBERT ROAD NEWTON f.State MA g. Zip Code 02466 i. Fax j.Email a. First Name TIMOTHY b. Last Name SANTOS c. Organization MERRILL ENGINEERS AND LAND SURVEYORS d. Mailing Address 448 NORTH FALMOUTH HWY., UNIT A e. City/Town NORTH FALMOUTH f. State MA g. Zip Code 02556 h.Phone Number 781-887-3224 i.Fax j.Email tsantos@menillinc.com 5.Total WPA Fee Paid (Automatically inserted from NOI Wetland Fee Transmittal Form): a.Total Fee Paid 750.00 b.State Fee Paid 362.50 c.City/Town Fee Paid 387.50 6.General Project Description: DEMOLITION AND REMOVAL OF THE EXISTING DWELLING AND CONSTRUCTION OF A NEW SINGLE-FAMILY HOME WITH PATIO AREAS, MITIGATION PLANTINGS, LANDSCAPING, AND ASSOCIATED SITE WORK. 7a.Project Type: 1. Fv- Single Family Home 3. F Limited Project Driveway Crossing 5. F Dock/Pier 7. F Coastal Engineering Structure 9. F Transportation 2. f Residential Subdivision 4. r Commercial/Industrial 6. r Utilities 8. r Agriculture (eg., cranberries, forestry) 10. F- Other 7b.Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 (coastal) or 310 Page 1 of 7 * ELECTRONIC COPY LlMassachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Transaction #:2022906 WPA Form 3 - Notice of Intent City/Town:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 CMR 10.53 (inland)? 1. r Yes r No If yes, describe which limited project applies to this project: 2. Limited Project 8.Property recorded at the Registry of Deeds for: a.County: b.Certificate: c.Book: d.Page: BARNSTABLE 199011 B. Buffer Zone & Resource Area Impacts (temporary & permanent) 1.Buffer Zone & Resource Area Impacts (temporary & permanent): r This is a Buffer Zone only project - Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland, Inland Bank, or Coastal Resource Area. 2.Inland Resource Areas: (See 310 CMR 10.54 - 10.58, if not applicable, go to Section B.3. Coastal Resource Areas) Resource Area a. r Bank b. r Bordering Vegetated Wetland c. r Land under Waterbodies and Waterways d. r Bordering Land Subject to Flooding e. r Isolated Land Subject to Flooding £ r Riverfront Area 2. Width of Riverfront Area (check one) Size of Proposed Alteration Proposed Replacement (if any) 0 0 1. linear feet 2. linear feet 0 0 1. square feet 2. square feet 1. Square feet 2. square feet 3. cubic yards dredged 1. square feet 2. square feet 3. cubic feet of flood storage lost 4. cubic feet replaced 1. square feet 2. cubic feet of flood storage lost 3. cubic feet replaced Thornton Brook 1. Name of Waterway (if any) r 25 ft. - Designated Densely Developed Areas only r 100 ft. - New agricultural projects only r 200 ft. - All other projects 3. Total area of Riverfront Area on the site of the proposed project 29840 square feet 4. Proposed Alteration of the Riverfront Area: 45 0 45 a. total square feet b. square feet within 100 ft. c. square feet between 100 ft. and 200 ft. Page 2 of 7 * ELECTRONIC COPY LlMassachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Transaction #:2022906 WPA Form 3 - Notice of Intent City/Town:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 5. Has an alternatives analysis been done and is it attached to this NOI? 6. Was the lot where the activity is proposed created prior to August 1, 1996? r Yes r No r Yes r No 3.Coastal Resource Areas: (See 310 CMR 10.25 - 10.35) Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. r Designated Port Areas Indicate size under Land under the ocean below, b. r Land Under the Ocean 1. square feet 2. cubic yards dredged c. r Barrier Beaches Indicate size under Coastal Beaches and/or Coatstal Dunes, below d. r Coastal Beaches e. r Coastal Dunes f. r Coastal Banks g. r Rocky Intertidal Shores h. r Salt Marshes i r Land Under Salt Ponds 1. square feet 2. cubic yards beach nourishment 1. square feet 2. cubic yards dune nourishment 1. linear feet 1. square feet 1. square feet 2. sq ft restoration, rehab, crea. 1. square feet 2. cubic yards dredged j. r Land Containing Shellfish 1. square feet k. F 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 r Land Subject to Coastal Storm Flowage 1. square feet 4.Restoration/Enhancement r Restoration/Replacement If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.2.b or B.3.h above, please entered the additional amount here. a. square feet of BVW b. square feet of Salt Marsh 5.Projects Involves Stream Crossings r Project Involves Streams Crossings Page 3 of 7 * ELECTRONIC COPY LlMassachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Transaction #:2022906 WPA Form 3 - Notice of Intent City/Town:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 If the project involves Stream Crossings, please enter the number of new stream crossings/number of replacement stream crossings. a. number of new stream crossings b. number of replacement stream crossings C. Other Applicable Standards and Requirements Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review 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 of Endangered Species program (NHESP)? a. f Yes r No If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife 1 Rabbit Hill Road Westborough, MA 01581 b. Date of map:6/5/2026 If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18).... c. Submit Supplemental Information for Endangered Species Review * (Check boxes as they apply) 1. r Percentage/acreage of property to be altered: (a) within Wetland Resource Area (b) outside Resource Area percentage/acreage percentage/acreage 2. r Assessor's Map or right-of-way plan of site 3. r Project plans for entire project site, including wetland resource areas and areas outside of wetland jurisdiction, showing existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work ** a. r Project description (including description of impacts outside of wetland resource area & buffer zone) b. r Photographs representative of the site c. r MESA filing fee (fee information available at: http://www.mass.gov/eea/agencies/dfg/dfw/natural-heritage/re atom review/mass-endan eg red-species-act-mesa/mesa-fee-schedule.html ) Make check payable to "Natural Heritage & Endangered Species Fund" and mail to NHESP at above address Projects altering 10 or more acres of land, also submit: d. r Vegetation cover type map of site e. r Project plans showing Priority & Estimated Habitat boundaries d. OR Check One of the following 1. r Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, http://www.mass.gov/eea/a2encies/dfgldfw/laws-regulations/cmr/321-cmr-1000-massachusetts-endaneg red species-act.html#10.14; the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR 10.37 and 10.59.) 2. r Separate MESA review ongoing. a. NHESP Tracking Number b. Date submitted to NHESP Page 4 of 7 * ELECTRONIC COPY LlMassachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Transaction #:2022906 WPA Form 3 - Notice of Intent City/Town:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 3. r Separate MESA review completed. Include copy of NHESP "no Take" determination or valid Conservation & Management Pen -nit with approved plan. * Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review... 2. For coastal projects only, is any portion of the proposed project located below the mean high waterline or in a fish run? a. r Not applicable - project is in inland resource area only b. r Yes r No If yes, include proof of mailing or hand delivery of NOI to either: South Shore - Cohasset to Rhode Island, and the Cape & Islands: Division of Marine Fisheries - Southeast Marine Fisheries Station Attn: Environmental Reviewer 836 S. Rodney French Blvd New Bedford, MA 02744 North Shore - Hull to New Hampshire: Division of Marine Fisheries - North Shore Office Attn: Environmental Reviewer 30 Emerson Avenue Gloucester, MA 01930 If yes, it may require a Chapter 91 license. For coastal towns in the Northeast Region, please contact MassDEP's Boston Office. For coastal towns in the Southeast Region, please contact MassDEP's Southeast Regional office. 3. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? a. r Yes 57 No b. ACEC Name If yes, provide name of ACEC (see instructions to WPA Form 3 or DEP Website for ACEC locations). Note: electronic filers click on Website. 4. Is any portion of the proposed project within an area designated as an Outstanding Resource Water (ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00? a. r Yes r No 5. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Restriction Act (M.G.L.c. 131, § 40A) or the Coastal Wetlands Restriction Act (M.G.L.c. 130, § 105)? a. r Yes r No 6. Is this project subject to provisions of the MassDEP Stormwater Management Standards? a. r Yes, Attach a copy of the Stormwater Report as required by the Stormwater Management Standards per 310 CMR 10.05(6)(k)-(q) and check if: 1. Applying for Low Impact Development (LID) site design credits (as described in Stormwater Management Handbook r Vol.2, Chapter 3) 2. A portion of the site constitutes redevelopment r 3. Proprietary BMPs are included in the Stormwater Management System r b. r No, Explain why the project is exempt: 1. Single Family Home r rEmergency Road Repair Page 5 of 7 * ELECTRONIC COPY LlMassachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Transaction #:2022906 WPA Form 3 - Notice of Intent City/Town:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 3. Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi -family r housing project) with no discharge to Critical Areas. D. Additional Information Applicants must include the following with this Notice of Intent (NOI). See instructions for details. Online Users: Attach the document transaction number (provided on your receipt page) for any of the following information you submit to the Department by regular mail delivery. 1. USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for the r Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.) 2. Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland r [BV W] replication area or other mitigating measure) relative to the boundaries of each affected resource area. 3. Identify the method for BV W and other resource area boundary delineations (MassDEP BV W Field Data Form(s). r Determination of Applicability, Order of Resource Area Delineation, etc.), and attach documentation of the methodology. 4. List the titles and dates for all plans and other materials submitted with this NOI. r a. Plan Title: b. Plan Prepared By: c. Plan Signed/Stamped By: c. Revised Final Date: C. Scale: EXISTING CONDITIONS PLAN - MERRILL ENGINEERS #17 THORNTON AND LAND BRADLEY K. LEMONT, PLS May 12, 2026 1"=20' BROOK ROAD, SURVEYORS YARMOUTH, MA PLAN OF PROPOSED DWELLING - #17 MERRILL ENGINEERS THORNTON BROOK AND LAND TIMOTHY SANTOS, PE June 4, 2026 ROAD, YARMOUTH, SURVEYORS MA 5. If there is more than one property owner, please attach a list of these property owners not listed on this form. r 6. Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. r 7. Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. r 8. Attach NOI Wetland Fee Transmittal Form. r 9. Attach Stormwater Report, if needed. r 1 "=20' Page 6 of 7 * ELECTRONIC COPY Massaehuse(ls Department of Frivironmental Prrnlded by Mss5DER Protection Massf)FP Fite it: Ll Bureau of Resource Protection - Wetlands eDEP Transactirm It: 20229M WPA Form 3 - Notice of Intent CltylTnwrtYARMDiSfFI Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 R. Fees Fee Exempt: No filing fce shall be assessed far projects of any city, town, county, or district of the Commrmwcalth, federally rtcognized Indian tribe housing authority, municipal housing authority, or the Massachusetts Bay Tran"rtation Authority. Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Welland Fee Transmittal Form) to confirm fee payment: 2. Municipal Check Numhcr 3. Chcck date Onftna-eDEP Payment d State Check Number 5. Check date Merrill Engineers & Larld Surveyors E. Payer name an check; First Nam c 7. Payer name on check: Last Name F. Signatures and Submittal Requirements I hcrcby 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 IU5(5)(a). I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M_Gi L. e. 131, § 40. Notice must be made by Certificate of Mailing or in writing by hand delivery or certified mail (return receipt requested) to all abutters within 100 feet of the property Iinc of the project location. /aw &t�iz 1. 5,gnarurr of App icaM L bete 3. Sirtnaturc of Pmpcsty Owner(if difl'crrnt) MIM 5. Signature of Rcpmumt5tire (if tiny) For Conservation CommIssion: 4. Dstc 6/8/2026 6. Date Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents, two copies of the N01 Wetland Fee Transmittal Form, and the city/town fee payment, to the Conservation Commission by certified mail or hand delivery. For ManDEP: One copy of the completed Notice of Intent (Form 3), including supporting plans and documents, one copy of the NOI Welland Fee Transmittal Form, and a copy of the state fee payment to the MassDEP Regional Office (see Instructions) by ccrtificd mail or hand delivery. Other: If the applicant has checked the "yes" box in Section C, Items 1-3, above, refer to that section and the Instructions for additional submittal requirements. The original and copies must be sent simullaneousIy. Failure by the applicant to send copies in a timely manner may result in dismissal of the Notice of Intent. Page 7 of 7 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: - Bureau of Resource Protection - Wetlands MassDEP File #: WPA Form 3 - Notice of Wetland FeeTransmittal eDEP Transaction #:2022906 Form City/Town:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Applicant Information 1. Applicant: a. First Name b.Last Name c. Organization ABL REALTY TRUST d. Mailing Address 103 ALBERT ROAD e. City/Town NEWTON f. State MA g. Zip Code 02466 h. Phone Number i. Fax j. Email 2.Property Owner:(if different) a. First Name b. Last Name c. Organization ABL REALTY TRUST d. Mailing Address 103 ALBERT ROAD e. City/Town NEWTON fState MA g. Zip Code 02466 h. Phone Number i. Fax j.Email 3. Project Location: a. Street Address 17 THORNTON BROOK ROAD b. City/Town YARMOUTH Are you exempted from Fee? r (YOU HAVE SELECTED NO') Note: Fee will be exempted if you are one of the following: • City/Town/County/District • Municipal Housing Authority • Indian Tribe Housing Authority • MBTA State agencies are only exempt if the fee is less than $100 B. Fees Activity Type Ache Activity Fee RF Multiplier Sub Total Number A.) CONSTRUCTION OF SINGLE FAMILY 1 500.00 RFA MULTIPLIER 750.00 HOUSE; 1.5 City/Town share of filling fee State share of filing fee Total Project Fee $387.50 $362.50 $750.00 Page 1 of 1 * ELECTRONIC COPY Irene Coleman From: Sent: To: Subject: customerservice@nCourt.com Tuesday, June 9, 2026 11:10 AM Irene Coleman 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» Name: Massachusetts Department of Environmental Protection Address 1: 100 Cambridge St, Suite 900 City: Boston State: Massachusetts Zip: 02114 First Name: IRENE Address 1: 26 UNION STREET City: PLYMOUTH Last Name: COLEMAN State/Territory: MA Receipt Date: 6/9/2026 11:10:07 AM ET Invoice Number: Oce6430c-Ofa0-4639-a010-f01753a2f642 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 1 Zip: 02360 eDEP Online Filling System Card Type Visa Card Number ************8594 Convenience Fee: $9.39 Total Amount Paid: $371.89 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). TOWN OF YARMOUTH 1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-4492 (508) 398-2231, Ext. 7007 REVISED FEE SCHEDULE Conservation Commission Effective June 20, 2025 Payment is required at the time of the application by cash or check payable to the Town of Yarmouth Include the project address in the memo Permit Type Fee $ Administrative Review $50 Request for Determination of Applicability $100.00 Notice of Intent - Category 1 $150.00 Notice of Intent - Category 2 $300.00 Notice of Intent - Category 3 $450.00 Notice of Intent - Category 4 $550.00 Notice of Intent - Category 5 $3 / linear foot, plus $750 for saltwater piers/docks and $200 for freshwaterpiers/docks Notice of Intent - Category 6/ANRAD $3 / linear foot Extension Permit $100 Request Approval of a Revised Plan $50.00 Request for an Amended Order of Conditions $150.00 Administrative Re -issuance of a Document $25.00 Request for Certificate of Compliance $75.00 Request for Certificate of Compliance > 2 years after expiration of the OOC, and all subsequent COC requests after a denial $150.00 After -the fact filing (Working without a permit) 2 x the regular fee Stormwater Management Permit Application* $200 Legal Advertising $15 P0 A'10 tiy�y TOWN OF YARMOUTH 1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-4492 (508) 398-2231, Ext. 7007 Explanation of Categories Conservation Division o Work on a single-family lot; addition, pool, etc; o Site work without a house o Vegetation control Notice of Intent - Category I o Resource improvement o Work on septic system o Monitoring well activities minus roadway o New agricultural or a uacultural projects o Construction of single-family house o Parking lot o Beach nourishment o Coastal limited projects o Inland limited projects minus road crossings and agriculture Notice of Intent - Category 2 o Each crossing for driveway to single family house o Each project source (storm drain) discharge o Control of vegetation in development o Water level variations o Any other activity not in category 1, 3, 4, 5, or 6 o Water supply exploration o Site preparation for development beyond NOI scope o Each building for development including site Notice of Intent - Category 3 o Road construction not crossing or driveway o Hazardous cleanup o Water supply development o Each crossing for development or commercial road o Dam, sluiceway, tide gate, work o Landfills operation/closures o Sand and gravel operations o Railroad line construction Notice of Intent - Category 4 o Bridge o Hazardous waster alterations to resource areas o Dredging o Package treatment plant and discharge o Airport tree clearing o Oil and or hazardous material release response actions Notice of Intent - Category 5 o Work on docks, piers, revetments, dikes, etc coastal or inland Notice of Intent - Category 6 o Resource area delineation ANRAD * Applicants shall also pay review fees sufficient to cover peer review expenses before the review process commences (see local wetland regulation Ch 143 section 2.06 for details on 53G) Project Narrative #17 Thornton Brook Road in Yarmouth is a private residential property located east of Thornton Brook. The original construction dates back to 1975 according to Town of Yarmouth Assessor's records. With an area of 33,369 square feet, the lot contains a single-family house with paved access drive, brick walkways, egress steps/landings, decks, patio area, developed lawn and landscaped areas. The property is located within Flood Hazard Zone X as indicated on the effective Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (Firm). The wetland resource areas concerning the proposed project include an Inland Bank, Bordering Vegetated Wetland (BVW) and Riverfront Area buffer zone associated with Thorton Brook. The site is not located within Priority and Estimated Habitats of Rare Wildlife as indicated on the accompanying map published by the Natural Heritage and Endangered Species Program. Therefore, the proposed project is not subject to NHESP or MESA Project Review as part of the Notice of Intent Application. The site is not located within an Area of Critical Environmental Concern and does not contain a Certified Vernal Pool. The proposed project is the demolition and removal of the existing dwelling and construction of a new single- family home with patio areas, mitigation plantings, landscaping and associated site work. The proposed work will not have any adverse impacts on the following resource areas as described below: Wetland Resource Areas Bordering Vegetated Wetland (BVW) A portion of the property is within the 100-foo buffer zone to the BVW. The majority of the proposed improvements take place outside of the 100-foot buffer zone and in pre -disturbed areas of the site. No work is proposed within the resource areas. All roof runoff will be directed to proposed drywells. The applicant is proposing the installation of mitigation plantings to help improve the buffer to these resource areas. The Limit of Work (LOW) will be staked with silt sock and construction access will be from the front of #17 Thornton Brook Road. A preconstruction meeting will take place with the Conservation Agent prior to construction commencing. Riverfront Area The proposed project consists of redevelopment within previously developed Riverfront Areas. All the proposed work is within currently developed areas of the subject property. The total net alteration is an increase of 45 SF within the Riverfront Area buffer zone, refer to Riverfront Development Exhibit Plan. Currently the existing impervious within the 100'-200' buffer zone to the Riverfront Area is 3,069 SF. There is no existing impervious areas within the 0'-100' buffer zone. The proposed project is in full compliance with the Performance Standard 310 CMR 10.58 (5) (Redevelopment Within Previously Developed Riverfront Areas) and the Town of Yarmouth Wetland Protection Bylaw. (5) Redevelopment Within Previously Developed Riverfront Areas, Restoration and Mitigation 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 net alteration within the previously developed riverfront area is 45 SF, the proposed single-family dwelling is being built within the existing developed portion of the site. The proposed work will also result in an improvement within the riverfront area, with 100 square feet of mitigation plantings being planted in existing lawn area. b) Stormwater management is provided according to standards established by the Department. The grading of the site will not be changing, and the proposed mitigation plantings will help absorb flood waters. All roof runoff will be diverted to drywells. c) Within the 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 reconstructed house and deck are located 150 ft away from the riverfront at its closest point. The proposed reconstructed house and deck are being built in the areas of the existing house, deck, patio and developed lawn and landscape areas. 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 reconstructed house and deck are located 150 ft away from the riverfront at its closest point. The proposed reconstructed house and deck are being built in the areas of the existing house, deck, patio and developed lawn and landscape areas. 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 the proposed work does not exceed the amount of the degraded area. The proposed work is located within existing developed areas of the property and the project includes mitigation plantings to enhance the degraded areas. 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 There is a total increase of 45 SF of proposed impervious areas within the Riverfront Area buffer zone. Mitigation is being proposed at a ratio greater than 2:1 to mitigate the proposed increase in the degraded Riverfront Area. The proposed mitigation consists of removal of existing lawn and plantings of native shrubs, approximately 100 SF. 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. Mitigation is being proposed at a ratio greater than 2:1 to mitigate the proposed increase in the degraded Riverfront Area. The proposed mitigation consists of removal of existing lawn and plantings of native shrubs, approximately 100 SF as well as stormwater improvements to capture roof runoff Alternative Analysis - Riverfront Section 310 CMR Section 10.58 - Scorton Creek - Alternative Analysis The proposed redevelopment of the site results in a 45 s.f. increase in impervious areas. The proposed reconstructed house and deck are located 150 ft away from the riverfront at its closest point. The proposed reconstructed house and deck are being built in the areas of the existing house, deck, patio and developed lawn and landscape areas. The roof runoff will be diverted to drywells and recharge back into the ground. The proposed increase of impervious areas are being mitigated at a ratio greater than 2:1. Existing lawn closest to the Riverfront Area will be removed and planted with native shrubs, approximately 100 SF. Three project alternatives were reviewed for this project. The third alternative is the selected and preferred alternative. First Alternative — Do nothing — this alternative deprives the new property owner of enhancing the property with a new home and utilizing the property to its highest and best use. The current home is outdated for their needs. Second Alternative — Renovations to the existing home with additions — This is not a viable option. The structures are outdated and should be updated. This is not a cost-effective measure and does not provide the client with the desired outcome for the property. Third Alternative —Proposed project— This is the selected and preferred option. It allows for the proposed project to be constructed meeting the clients' vision for the property. This option also enhances the Riverfront area with over 100 SF of mitigation plantings. No work is proposed in the actual waterway or ocean. All work is contained within the existing developed areas of the property. All work is being proposed within the 100-200 buffer to the Riverfront area, with the closest point of the proposed reconstructed house and deck being 150 ft. This option allows the property owner to maximize the benefit of ownership of the property. Restoration The proposed mitigation plantings, a mixture of shrubs, will be in an area of 100 square feet in existing lawn area. The Mitigation plantings will be a mixture of shrubs including Inkberry, Sweet Pepperbush and Arrowwood, which are known to survive in this environment. The mitigation plantings will be installed once proposed areas have been prepped. Temporary, above -ground irrigation will be installed and utilized for two to three growing seasons to help plantings establish. Ongoing maintenance for weed species will be conducted as site conditions deem necessary. rnnrlucinn The proposed project will provide an increased level of protection as the existing conditions and the interests of storm damage prevention, flood control, the prevention of pollution and wildlife habitat will be restored and protected. All the proposed work is within currently developed areas of the property. As such, the proposed project meets the performance standards of the Yarmouth Wetlands Protection Bylaw and the MA Wetlands Protection Regulations. Wetland Delineation Memo ECR Environmental Consulting & Restoration, LLC 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 #Al2 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) #I131 to #11310 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 V) c/i b-A ! || §| | § _......,, ...:.. \I\§\ \\\ ( %ma 1 \//Raopm\)\\( o u )\]�j c R, §\R g)! ■.,. _, _,,! / R 2 R` ! ®! \! \� ,!| !!!:! |/|` �! !!!a R d G!>: , 2. s5s »J, ! 2-\/ / g \ Qfle` \/\ //; {\| \ ») )/ - �\ \� v \/\\\j a 0 |;) /}- E .j MW a O E L a� U N N C co 7 m o 0 0 t6 U) 0 ~ m D r' O p L_ m - O +� m O d x V ❑ 0 ❑ ❑ C 2 L i .N [6 N N m❑ f6 p ❑ p H (n m -� > (� (p i E N m f6 [O] w 0 Z Ui w 0_ N `G 0 C 0 I m 0 w x L _ 7. 0 0 o o [6 0 0 D ❑- N V ❑ 2_ (n N❑ U U 2 N N m O a d d L.L V V V V V V V X 0- W U m m m m m m m m m m °' °' ❑ m � N Cf) co co a a [6 [6 com o LL 0 m 0 0 0 (n W (n _ W-0 Cn W a m `m `m m `m `m m `m `m m m m m m m m m m m m p� [6 [6 0 0 0 m V u [6 i N o m V V❑ `m m N a+ a o m� O m N �p 0 0 0 N N 3 3 3 N Q Z z3: z 0 0 © 0000050000© 00 00000 C-L rr` Site Photographs r A .:�,• i v:: .. hen ,S PW';�..ly Site Access & 21 Day Waiver Form DEPARTMENT OF CONSERVATION Site accel.3,3 aafftatilzatian Jown 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: Please Print Name: If other than owner, please state whether tenant, agent, or other: Mailing Address: Phone: Email: Cell: Fax: Date: 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 4� YA p , `� CONSERVATION l��o'. [:' OFFICE •� Mi'iwcHECSC Y�lr �.ORAaateo'bs Town of Yarmouth Conservation Commission 21-DAY WAIVER Please complete this form, sign at the bottom and return to the Conservation Office. I, , 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: 0 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 (project address/location) I am the: ❑ Applicant ❑✓ Applicant's Representative ❑ Property Owner Signature (date received by Conservation Office) 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/ / / 38/ 30/ MELLO WILSON CRANBERRY CORP FURGET JEREMY H 16 DENVER DR C/O FURGET TERRI L WEST YARMOUTH, MA 02673 137 CAMMETT RD MARSTONS MILLS, MA 02648-1519 46/ 4/ / / 38/ 29/ MAIMONE MICHAEL ODONNELL KEVIN 1031 CASTLEBRIDGE CROSSING ODONNELL VALLORIE WEBSTER, NY 14580 24 BRAUN RD WEST YARMOUTH, MA 02673 46/ 5/ / / 46/ 11 MARIANO NICOLA TRS CERVERA TODD MARIANO ANDREA TRS ARGUELLO LEAH ST PIERRE 103 ALBERT RD 8 BRAUN RD AUBURNDALE, MA 02466-1300 WEST YARMOUTH, MA 02673 46/ 6/ BAYIDES CHRISTINA R TRS CONDO MAIN THE BAYIDES FAMILY IRREV TRUST 38 HEADWATERS DR 16 BRIDLE PATH CIR WEST YARMOUTH, MA 02673 FRAMINGHAM, MA 01701 46/ 14/ SIDERIS MARK SIDERIS MARYBETH Please use this signature to certify this list of properties 30 UNION STREET abutting within 100' of the parcel located at: WATERTOWN, MA 02472 17 Thornton Brook Rd., West Yarmouth, MA 02673 Assessors Map 46, Lot 5 46/ 15/ / / 4 SIDERIS MARK Andy P$chado, Director of Assessing SIDERIS MARYBETH March 23, 2026 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 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.