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Home My WebLink AboutRDA 7.28.2026 TO: Town of Yarmouth Conservation Commission 1146 Route 28 South Yarmouth, MA 02664 DATE: July 2026 PROJECT: #28 Little Dipper Lane Yarmouth #: 25-059 COPIES DESCRIPTION LAST MODIFIED 1 Request for Determination of Applicability Application & Documents 8 Existing Conditions Plan (1 original & 7 photocopies) 8 Plan of Proposed Dwelling & Septic Upgrade (1 original & 7 photocopies) 8 Architectural Plans 1 Check Payable to Town of Yarmouth Application Fee - $ 100.00 1 Check Payable to 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 July 2026 Yarmouth Conservation Commission Request for Determination of Applicability AJ Muldoon – 28 Little Dipper Lane Table of Contents Request for Determination of Applicability 28 Little Dipper Lane Yarmouth, MA 1. RDA Application a. WPA Form 1 b. Proof of eDEP Submittal c. Yarmouth Conservation Fee Schedule d. Yarmouth RDA Checklist e. Site Access Authorization Form 2. Project Narrative 3. Figures a. USGS Map b. Wetland & NHESP Map c. FEMA MAP d. Aerial Map 4. Site Photographs 5. Abutters Information a. Certified Abutters List b. Notice to Abutters RDA Application wpaform1.doc • rev. 4/28/2023 WPA Form 1 – Request for Determination of Applicability • Page 1 of 3 Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Municipality A.General Information Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. 1.Applicant: First Name Last Name Address City/Town State Zip Code Phone Number Email Address 2.Property Owner (if different from Applicant): First Name Last Name Address City/Town State Zip Code Phone Number Email Address (if known) 3.Representative (if any) First Name Last Name Company Name Address City/Town State Zip Code 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): Street Address City/Town How to find Latitude and Longitude Latitude (Decimal Degrees Format with 5 digits after decimal e.g. XX.XXXXX) Longitude (Decimal Degrees Format with 5 digits after decimal e.g. -XX.XXXXX) and how to convert to decimal degrees Assessors’ Map Number Assessors’ Lot/Parcel Number b.Area Description (use additional paper, if necessary): c.Plan and/or Map Reference(s): (use additional paper if necessary) Title Date Title Date wpaform1.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 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): 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 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.) Massachusetts Department of Environmental Protectionv-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. E 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: Yarmouth Name of Municipality EJ 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 accordanc 10 0!(3)(b)(1)of the Wetlands Protection Act regulations. Date /zq(z Date I afo1.doc'rev.4/28/2023 1MA Form 1 -Request for Determination of Applicability.Page 3 of 3 T O W N O F Y A R M O U T H 1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-4492 (508) 398-2231, Ext. 7007 REVISED FEE SCHEDULE 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 freshwater piers/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 Conservation Commission Page 1 of 2 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 12/18/2025 Conservation Office Administrative Checklist Request for Determination of Applicability General Information: All filings must be made on Town of Yarmouth forms. The filing deadline is two weeks prior to the next scheduled Conservation Commission meeting for new applications. Failure to follow this Checklist shall result in an Administratively Incomplete Application and will not be advertised for a Public Hearing. Refer to the meeting schedule. Contact the Conservation Office if you need assistance. Submitting an Application: Does the property have any outstanding/expired Orders of Conditions? If so, please file a Request for Certificate of Compliance for each outstanding/expired Order, as the Commission may not issue a 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.ma.us/LF Hardcopy filing dropped off or mailed to the Conservation Office including: 1 RDA Administrative Checklist 1 complete RDA application WPA form 1 with original signatures (double sided). (1see 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 BVW or vegetated wetlands are present, delineation sheet(s), 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. Certified Mail Receipts (PS Form 3800) 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 pdf of the entire application emailed to bdirienzo@yarmouth.ma.us and jjerolimo@yarmouth.ma.us and DEP Southeast Region at SERO_NOI@mass.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. I understand that in person representation is required at the scheduled hearing to present to the conservation commission. Page 2 of 2 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 12/18/2025 1If the applicant is NOT the property owner: Please submit a signed Site Access Authorization Form; AND 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. If Applicable Certified Mail Receipt for Massachusetts Natural Heritage and Endangered Species Program. Information on MESA project review can be found here. Certified Mail Receipt for Massachusetts Division of Marine Fisheries. If filing via email, dmf.envreview- south@mass.gov, Amanda.Davis@mass.gov, CC: bdirienzo@yarmouth.ma.us and jjerolimo@yarmouth.ma.us. Yarmouth Conservation Commission • 1146 Route 28 • South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 • Fax (508)-398-0836 • TTD# (508) 398-2231 Site Access Authorization Form General Information: If the applicant is not the property owner, please submit this form with your application. The owner must be sent a copy of the application on the same day it is filed with this office. Property Address: _____________________________________________________________ Assessors Map/Lot: _____________________________________________________________ I (we) hereby authorize the individual members of the Yarmouth Conservation Commission and its agents to enter upon the referenced property for the purpose of gathering information regarding the application filed with the Commission pursuant to the Wetlands Protection Act (M.G.L. Ch. 131, s. 40) and/or the Yarmouth Wetlands Protection Bylaw (Chapter 143). Authorized Signature: _______________________________________ Date: ______________ Please Print Name: _________________________________________ If other than owner, please state whether tenant, agent, or other: _____________________ Mailing Address: ________________________________________________ ________________________________________________ ________________________________________________ Phone: __________________________ Cell: __________________________ Email: __________________________ Fax: __________________________ DEPARTMENT OF CONSERVATION Figures Map USGS Wetland & NHESP Map - 28 Little Dipper Lane, Yarmouth Printed Jul 24, 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 Aerial Map Site Photographs Abutters Information 19/ 110/ / / DIGREGORIO VITO PO BOX 1093 SOUTH YARMOUTH, MA 02664 25/ 364/ / / ROYCE MARY ELIZABETH TR 36 LITTLE DIPPER LN SOUTH YARMOUTH, MA 02664 25/ 365/ / / SPELLMAN THOMAS W TR 74 THORNE RD BOURNE, MA 02532 25/ 366/ / / MULDOON PATRICIA J (LIFE EST) 28 LITTLE DIPPER LN SOUTH YARMOUTH, MA 02664 25/ 367/ / / KILMARTIN HUGH TR 24 LITTLE DIPPER LN SOUTH YARMOUTH, MA 02664 19/ 108/ / / BARRY ELIZABETH A TRS 8417 BLACK STALLION PL VIENNA, VA 22182 19/ 109/ / / MELANIE ANDERSON PROPERTIES LLC 1107 HULL TERR EVANSTON, IL 60602 25/ 363/ / / STULCK STEPHEN AND KAREN U 12 NICHOLS RD READING, MA 01867 25/ 362/ / / CANOVA STEPHEN 109 FRANKLIN ST STONEHAM, MA 02180 25/ 361/ / / GVAZDAUSKAS JAMES F 26 BRIERLY CIR MILLBURY , MA 01527 Please use this signature to certify this list of propertiesabutting within 100' of the parcel located at:28 Little Dipper Ln., South Yarmouth, MA 02664Assessors Map 25, Lot 366___________________________________Andy Machado, Director of AssessingJuly 23, 2026 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 ________________________________________________ B. 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 ______________________________ D. Proposed work is _____________________________________________________________ ____________________________________________________________________________ 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 ___________________________________ 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 _______________________________________ 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.