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Home My WebLink AboutFinalRDA_90 Vineyard Road_12-3-24_compressed APPLICANT Tod Cochran 90 Vineyard Road Barnstable, MA 02635 REPRESENTATIVE Environmental Consulting & Restoration, LLC P.O. Box 4012 Plymouth, MA 02361 (617) 529-3792 REQUEST FOR DETERMINATION OF APPLICABILITY 90 Vineyard Road, Barnstable SUBMITTED TO Barnstable Conservation Commission December 2024 P.O. Box 4012, Plymouth, Massachusetts 02361 617-529-3792 | www.ecrwetlands.com December 3, 2024 Town of Barnstable Conservation Commission 230 South Street Hyannis MA 02601 Attn: Darcy Karle, Conservation Administrator RE: Request for Determination of Applicability, 90 Vineyard Road, Barnstable Dear Ms. Karle and Members of the Conservation Commission: Please accept this Request for Determination of Applicability application for the proposed single family home improvement project at 90 Vineyard Road in Barnstable (the site). The proposed improvement project consists of an addition to the existing single-family home at the site. The Town of Barnstable Assessors Department references the site Parcel ID# 016-019. The proposed improvement project occurs within the existing lawn and landscaped area of the site and is within the 100-foot buffer zone to the top of the Coastal Bank. This application is being submitted in accordance with the Massachusetts Wetlands Protection Act and Town of Barnstable Wetland Bylaw. If you have any questions or require additional information, please contact me at (617) 529- 3792. Sincerely, Environmental Consulting & Restoration, LLC Brad Holmes, PWS, MCA Manager CC: MassDEP – Southeast Regional Office, sero_noi@state.ma.us Cauley Site Services, LLC REQUEST FOR DETERMINATION OF APPLICABILITY TABLE OF CONTENTS Item Attachment RDA Form ....................................................................................................................... 1 Barnstable Conservation Forms ...................................................................................... 2 Project Description .......................................................................................................... 3 Wetland Delineation Memo ............................................................................................. 4 Photograph Pages .......................................................................................................... 5 USGS Site Locus Map .................................................................................................... 6 FEMA F.I.R.M. ................................................................................................................. 7 MA Natural Heritage & Endangered Species Map ........................................................... 8 Abutter Map, Abutter List & Abutter Notification Letter ..................................................... 9 Site Plan(s) ................................................................................................................... 10 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 Barnstable 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: Tod First Name Cochran Last Name 90 Vineyard Road Address Barnstable (Cotuit) City/Town MA State 02635 Zip Code Phone Number Email Address 2. Property Owner (if different from Applicant): same as applicant First Name Last Name Address City/Town State Zip Code Phone Number Email Address (if known) 3. Representative (if any) Brad First Name Holmes Last Name Company Name PO Box 4012 Address Plymouth City/Town MA State 02361 Zip Code 617-529-3792 Phone Number brad@ecrwetlands.com 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): 90 Vineyard Road Street Address Barnstable City/Town How to find Latitude and Longitude 41°35'40 Latitude (Decimal Degrees Format with 5 digits after decimal e.g. XX.XXXXX) 70°26'42 Longitude (Decimal Degrees Format with 5 digits after decimal e.g. -XX.XXXXX) and how to convert to decimal degrees Parcel ID 016-019 Assessors’ Map Number Assessors’ Lot/Parcel Number b. Area Description (use additional paper, if necessary): See USGS locus map c. Plan and/or Map Reference(s): (use additional paper if necessary) Site Plan of 90 Vineyard Road Barnstable MA Prepared for Tod Cochran Title 11/14/24 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 Barnstable Municipality B. Project Description (cont.) 2. a. Activity/Work Description (use additional paper and/or provide plan(s) of Activity, if necessary): The proposed single family home improvement project consists of a proposed addition. All work occurs within the existing maintained lawn and landscaped area. Prior to the start of work erosion controls will be installed. Please see Project Description for more information. 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). Project will not alter wetland resource areas. Therefore, in accordance with 310 CMR 10.02(2)(b), the proposed activities will not alter an Area Subject to Protection under the Wetlands Protection Act. 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.) Not applicable wpaform1.doc • rev. 4/28/2023 WPA Form 1 – Request for Determination of Applicability • Page 3 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 Barnstable Municipality C. Determinations 1. I request the Barnstable Conservation Commission make the following determination(s). Check any that apply: 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: Barnstable 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 Signature of Representative (if any) Date 12/3/2024 Request for Determination of Applicability 90 Vineyard Road, Barnstable PROJECT DESCRIPTION 1. Introduction The purpose of this project is to permit the proposed single family home improvement project at 90 Vineyard Road in Barnstable (the site). The proposed improvement project consists of an addition to the existing single- family home at the site. The Town of Barnstable Assessors Department references the site Parcel ID# 016- 019. The proposed improvement project occurs within the existing lawn and landscaped area of the site and is within the 100-foot buffer zone to the top of the Coastal Bank. This application is being submitted in accordance with the Massachusetts Wetlands Protection Act and Town of Barnstable Wetland Bylaw. 2. Site Description The site is located to the east of Vineyard Road and consists of a single-family home with a gravel/dirt driveway, tennis court with fencing, maintained lawn, naturally landscaped areas, etc. The site abuts Nantucket Sound to the east and the Sound’s associated wetland resource areas. Environmental Consulting & Restoration, LLC (ECR) performed a site review and wetland delineation at the site on October 1, 2024 as documented in the attached Wetland Delineation Memo. As a result of ECR’s wetland delineation at the site, ECR is able to confirm that the site contains or is near the following wetland resource areas and areas of Conservation Commission jurisdiction: • Coastal Beach • Coastal Bank & 100-foot buffer zone • Coastal Dune & 100-foot buffer zone • Land Subject to Coastal Storm Flowage Also review of the MassGIS wetlands database reveals the following: 1. The eastern-most portion of the site is 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 a U.S.G.S. mapped stream. 4. The site is located within an Area of Critical Environmental Concern. 3. Proposed Activities The purpose of this application is to authorize the construction of the small addition to the existing single-family home at the site. The proposed addition is located within the 100-foot buffer zone to the top of the Coastal Bank. More specifically, the proposed addition is approximately 76 linear feet away from the top of the Coastal Bank. The location of the proposed addition consists of maintained lawn and landscaped area and will not impact vegetated buffer zones or impact wetland resource areas. The proposed project will involve the following activities: • Installation of Erosion Controls – Prior to the start of work an erosion control line shall be installed along the limit of work associated with the addition project. • Proposed Addition – A small addition (approximately 126 sq. ft.) is proposed along the interior corner of the house. The proposed addition will sit on a concrete foundation and will include roof leaders connected to a proposed drywell to process stormwater coming off the proposed addition. All disturbed areas associated with the project will be restored and stabilized as lawn and/or landscape beds. All landscape plant materials proposed within the 100-foot buffer zone at the site will consist of native plant species. The proposed lawn restoration, if necessary, will consist of an environmentally friendly grass seed mix that requires little maintenance needs such as irrigation and fertilization. For more information, please refer to the Site Photographs and Site Plan. Request for Determination of Applicability 90 Vineyard Road, Barnstable 4. Summary Since the proposed project occurs within the existing maintained lawn and landscaped area of the site, includes protective measures during construction, and does not alter wetland resource areas, it is ECR’s opinion that this work does not require the submittal of a Notice of Intent application. Upon completion of the project, the area surrounding the home will be returned to its pre-existing condition as a maintained yard area. P.O. Box 4012, Plymouth, Massachusetts 02361 617-529-3792 | www.ecrwetlands.com WETLAND DELINEATION MEMO TO: Cauley Site Services FROM: Cameron Larson DATE: November 4, 2024 RE: 90 Vineyard Road, Cotuit Per your request, Environmental Consulting & Restoration, LLC (ECR) performed a review of the existing conditions at the property located at 90 Vineyard Road in Cotuit (the site) on October 1, 2024. The purpose of the review was to identify wetland resource areas on and near the site. The site is located at the east of Vineyard Road and consists of a single-family home with a gravel/dirt driveway, tennis court with fencing, maintained lawn, naturally landscaped areas, etc. The site abuts Nantucket Sound to the east and the Sound’s associated wetland resource areas. The weather on October 1st was sunny, clear and warm (approximately 65 degrees) with windy and dry site conditions. Wetland resource areas are located on and near the site through the eastern portion of the property to the rear of the existing home. The site contains Land Subject to Coastal Storm Flowage (FEMA flood zone VE) and a Coastal Bank – the Coastal Bank is the landward-most resource area with an associated buffer zone. Both the limit of the flood zone and the top of the Coastal Bank should be determined by topographic survey. The presence or absence of a Coastal Bank should be determined in accordance with DEP Policy 92-1 by examining the extent of the flood zone and the slope of the landform. Based on ECR’s site review, it appears the top of the Bank is well-defined along at the top of the steep slope to the rear of the home. Along the toe of the Bank exists a sandy Coastal Beach that extends to Mean Low Water. ECR also delineated the nearest edges of two Coastal Dune systems located to the north and south of the site. Coastal Dune flags (blue ribbons) #CD1 to #CD3 were placed along the nearest edge of the Dune to the north and flags #CD100 to #CD103 along the nearest edge of the Dune to the south. The Coastal Dunes were delineated in accordance with the definition established by the Massachusetts Department of Environmental Protection (DEP) regulations found at 310 CMR 10.28 pertaining to Coastal Dunes. As a result of ECR’s wetland delineation at the site, ECR is able to confirm that the site contains or is near the following wetland resource areas and areas of Conservation Commission jurisdiction: • Coastal Beach • Coastal Bank & 100-foot buffer zone • Coastal Dune & 100-foot buffer zone • Land Subject to Coastal Storm Flowage Also review of the MassGIS wetlands database reveals the following: 1. The eastern-most portion of the site is 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 a U.S.G.S. mapped stream. 4. The site is 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. RDA – Site Photographs 90 Vineyard Road, Barnstable Photograph #1 – View of the proposed addition location on the inside corner of the house. Photograph #2 - View of the back yard leading to the top of the Coastal Bank. RDA – Site Photographs 90 Vineyard Road, Barnstable Photograph #3 – View from the top of the Coastal Bank across the buffer zone to the existing house.. Photograph #4 – Another view of the project area at the site. USGS SITE LOCUS MAP 90 Vineyard Road Barnstable, Massachusetts Source: https://topobuilder.nationalmap.gov/ N ∆ SITE FEMA F.I.R.M 90 Vineyard Road Barnstable, Massachusetts Source: FEMA Map 25001C0752J; Eff. 7/16/2014 N ∆ SITE Priority Habitats of Rare Species, Estimated Habitat of Rare Wildlife & Certified Vernal Pools Map 90 Vineyard Road Barnstable, Massachusetts Source: MassMapper N ∆ SITE 1,200.00 Conservation Request for Determination (RDA) Abutter Map for Subject Parcel This map is for illustration purposes only. It is not adequate for legal boundary determination or regulatory interpretation. This map does not represent an on-the-ground survey. It may be generalized, may not reflect current conditions, and may contain cartographic errors or omissions. Legend Property owners actually touching on the subject parcel upon which work is proposed. Parcel lines shown on this map are only graphic representations of Assessor’s tax parcels. They are not true property boundaries and do not represent accurate relationships to physical objects on the map such as building locations. 50 Town of Barnstable GIS Unit 100 11/26/2024 gis@town.barnstable.ma.us Printed on: 0 ft.100 Subject Parcel Abutters ft. 1 inch = approx. Parcels Town Boundary Railroad Tracks Buildings Approx. Building Buildings Painted Lines Parking Lots Paved Unpaved Driveways Paved Unpaved Roads Paved Road Unpaved Road Bridge Paved Median Streams Marsh Water Bodies Conservation Request for Determination (RDA) Abutter List for Subject Parcel Property owners actually touching on the subject parcel upon which work is proposed. Parcel ID Owner 1 Owner 2 Address Line 1 Address Line 2 City State Zip 016017 VAN OOSSANEN, DENNIS & LISA 32 TYLER ROAD LEXINGTON 02421MA 016018 MCKENZIE, CHARLES L & SHEA, KELLY PO BOX 62 COTUIT 02635MA 016019 PAGE, ARTHUR B ESQ & COCHRAN, TOD A TRS COCHRAN PINE RIDGE REALTY TRUST C/O HEMENWAY & BARNES LLP 60 STATE STREET BOSTON 02109MA 016020 CONNOR, SUSAN S TR SUSAN S CONNOR REVOCABLE TRUST 11375 INDIAN SHORE DRIVE NORTH PALM BEACH 33408FL 11/26/2024 2:54 PMReport Generated On:Page 1 of 1 4Total Number of Abutters: This list by itself does NOT constitute a "Certified List of Abutters" and is provided only as an aid to the determination of abutters. If a Certified Abutter List is required, you must contact the Assessing Division to have this list certified. REQUEST FOR DETERMINATION OF APPLICABILITY ABUTTER NOTIFICATION LETTER DATE: RE: Upcoming Barnstable Conservation Commission Public Hearing To Whom It May Concern, As an immediate abutter of a proposed project, please be advised that a Request for Determination application has been filed with the Barnstable Conservation Commission. APPLICANT: PROJECT ADDRESS OR LOCATION: ASSESSOR’S MAP & PARCEL: MAP PARCEL PROJECT DESCRIPTION: ________________________________________________________ APPLICANT’S AGENT: PUBLIC HEARING: WILL BE HELD REMOTELY VIA ZOOM See agenda posting on Town Clerks website available at least 48 hours in advance of the meeting for details. DATE: / / TIME: P.M. NOTE: Plans and applications describing the proposed activity are on file with the Conservation Commission at https://itlaserfiche.town.barnstable.ma.us/WebLink/Browse.aspx?id=825530&dbid=0&repo=TownOfBarns table, by email to Kimberly.Cavanaugh@town.barnstable.ma.us or by calling (508-862-4093) Tod Cochran 90 Vineyard Road Barnstable (Cotuit) 016 019 Proposed single family home improvement project at 90 Vineyard Road. The proposed improvement project consists of an addition to the existing single-family home at the site. The proposed improvement project occurs within the existing lawn and landscaped area of the site and is within the 100-foot buffer zone to the top of the Coastal Bank. This application is being submitted in accordance with the Massachusetts Wetlands Protection Act and Town of Barnstable Wetland Bylaw. Environmental Consulting & Restoration, LLC Environmental Consulting & Restoration, LLCP.O. Box 4012Plymouth, MA 02361617-529-3792