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HomeMy WebLinkAbout20250401 -NOI - GILIVER - 226 HOLLY POINT RD Notice of Intent Application 226 Holly Point Road Barnstable (Centerville), MA Map 232 – Parcel 033 March 13, 2025 Main Office: Nantucket Office: Mansfield Office: 49 Herring Pond Road 19 Old South Road 905 S. Main Street Buzzards Bay, MA 02532 Nantucket, MA 02554 Mansfield, MA 02048 508-833-0070 Ext 303 508-325-0044 508-618-3029 508-833-2282 (fax) List of Materials and Plans submitted with NOI Application 1. Project Narrative 2. Notice of Intent – WPA Form 3 3. Conservation Commission Forms a. NOI Checklist – Chapter 707 b. Barnstable Form PA 4. Maps showing Project Site https://gis.townofbarnstable.us a. Historical Aerial Photo (1971) b. USGS Topographic Map c. Parcel Map d. Aerial Orthophoto e. FEMA Flood Insurance Rate Map f. Aerial - NHESP Map 5. Google Map Directions to the Site 6. Abutter Documents a. Affidavit of Service b. Abutters List & Map - https://gis.townofbarnstable.us c. Notification to Abutters 7. Sabatia, Inc. – Letter of Findings, Site Assessment & Wetland Delineation, dated 3/6/2025 8. Plan: “Conservation Site Plan in Barnstable(Centerville) – 226 Holly Point Road”, prepared by Bracken Engineering, Inc., dated 03/11/2025 PROJECT NARRATIVE 226 Holly Point Road, Centerville MA Map 232 Parcel 033 On behalf of the Applicants, Leonard Giliver & Marina Giliver, Bracken Engineering, Inc. respectfully submits this Notice of Intent (NOI) for work within Bordering Vegetated Wetland (BVW), the 50-foot and 100-foot buffer zones (BZ) to BVW, and Land Under the Water at #226 Holly Point Road (Map 232 Parcel 033). The Applicants are proposing to construct a new elevated deck, balcony and extension of an existing sunroom area. In addition to that work, the applicants propose to install a new seasonal pier, implementation of mitigation plantings, and all associated landscaping, grading and appurtenances. The property is a developed 18,935± square foot parcel located on Bearse Pond generally surrounded by single family dwelling to the east and west, Holly Point Road to the south and Bearse Pond to the North. Wetland Resource Areas Wetland resource areas on or adjacent to the subject parcel are BVW and Land Under the Water, and an Isolated Vegetated Wetland (IVW) located across Holly Point Road from the subject parcel. The IVW location as shown on the attached plan was obtained from record information. The parcel has 153± LF of waterfront access, along the waterfront a BVW was identified and delineated by Sabatia, Inc. on October 31, 2024. Site Description The subject parcel is irregularly shaped, meandering along the edge of Bearse Pond. A single-family dwelling built in 1969 per available town records is located on the site. The work is proposed to extend from the rear of the dwelling, in an area that has been historically maintained as lawn and or landscaped area. A paved walkway extends from a concrete pad and another associated walkway across the lawn to a series of fences. Beyond the fence is cleared swimming area, consisting of lawn and loose sand, with landscape timbers that may have been used to store watercraft in the past. An aerial photograph captures the conditions on site as of 1971. Clearing showing these conditions have been historically maintained on the site. That photograph is enclosed with this application. Proposed Project The proposed project includes two separate phases: 1. Work associate with the single-family dwelling: On the pond side of the dwelling exists a screened porch area, supported by sonotube footings, and a deck that has fallen into disrepair. The Applicants propose to demolish the existing deck and rebuild in the same footprint, expanding the deck to meet a proposed balcony that runs the length of the right rear side of the dwelling. The screen porch is proposed to be expanded outward approximately 11.4’. The screen porch, deck, associated steps and balcony will all be supported by diamond pier footings. These footings can be placed directly on the ground and do not require excavation. A timber retaining wall is proposed beneath the deck, to allow a space for storage. In accordance with Barnstable Conservation Commission Regulations Part VII section 704 mitigation plantings are proposed to off-set additional “hardscape” within jurisdictional buffer zones. Per the “Mitigation Calculations” table shown on the attached plan, there is 184± SF of additional hardscape proposed with this project within the 0-50’ BZ and an additional 265± SF within the 50’-100’ BZ. This additional hardscape requires a 4:1 and 3:1 mitigation ratio, respectively. Requiring a total mitigation offset of 1,531 SF. The Applicants are proposing a total of 1,600± SF of mitigation, all to be placed within the 0-50’ BZ. The mitigation plantings are proposed within historically disturbed lawn areas and the final layout, species type and quantity of these areas will be coordinated with Conservation Staff and/or Commission. 2. Construction of a Seasonal Pier: The Applicants propose to construct a seasonal pier, consisting of (3) 4’ wide by 10’ long sections that extend out to an 8’ wide by 10’long terminal section for docking vessels. The location as shown on the attached plan has been chosen due to distance to property line extensions, depth of water at the end of the pier and proximity to adjacent docks. The pier will be accessed by a 4-foot wide grass pathway that cuts through the proposed mitigation areas and around existing mature trees, extending down to the shoreline where the dock is proposed. Performance Standards Protection of Public and Private Water Supply and Ground Water Supply The site is located within a DEP Zone II Wellhead Protection Area. This project will result in the conversion of existing lawn area to vegetated areas through implementing 1,600± SF of mitigation plantings. The removal of lawn areas shall serve to enhance the BZ and stormwater run-off from existing hardscape areas before they reach Bearse Pond. All downspouts shall be tied into drywells as specified on the attached plans. These will serve to enhance the subsurface recharge of stormwater run-off. Therefore, the public and private water supply and groundwater supply protection interests of the Act and the Bylaw will be upheld. Flood Control and Storm Damage Prevention There are no proposed changes to the topography of the site within the immediate area of the shoreline, BZ mitigation plantings along the BVW shall serve to enhance the stability of the landform. Thus the ability of the site to withstand flood damage will not be affected. Therefore, the flood control and storm damage prevention interests of the Act and Bylaw will be maintained. Prevention of Pollution Erosion controls consisting of a staked silt fence with straw wattle shall be implemented in accordance with the attached plans. Additional erosion controls shall be implemented along the Pond side of the mitigation plantings as field conditions require. This erosion control shall remain in place until the site has been properly stabilized. Therefore, the pollution interests of the Act and Bylaw will be upheld. Protection of Fisheries, Shellfisheries, and Wildlife Habitat The Site does not contain mapped NHESP designated areas or vernal pools. Therefore, the fisheries, shellfisheries and wildlife habitat interests of the Act and Bylaw will be protected. Summary Appropriate measures are proposed to be employed to minimize adverse effects and prevent erosion and migration of sediment that may otherwise impact resource areas. As proposed, the Project has met the burden of proof established under the Act and Bylaw. Therefore, the Applicant respectfully requests issuance of an Order of Conditions by the Conservation Commission. wpaform3.doc • rev. 12/4/2023 Page 1 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and Town of Barnstable Wetlands Protection – Chapter 237 Provided by MassDEP: SE 003- MassDEP File Number Document Transaction Number BARNSTABLE City/Town Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. Note: Before completing this form consult your local Conservation Commission regarding any municipal bylaw or ordinance. A. General Information 1.Project Location (Note: electronic filers will click on button to locate project site): 226 HOLLY POINT ROAD a. Street Address BARNSTABLE (Centerville) b. City/Town 02632-1822 c. Zip Code Latitude and Longitude: 41.67206 d. Latitude -70.33063 e. Longitude 232 f. Assessors Map/Plat Number 033 g. Parcel /Lot Number 2.Applicant: LEONARD & MARINA a. First Name GILIVER b. Last Name c. Organization 28 SEAVIEW AVENUE d. Street Address MARBLEHEAD e. City/Town MA f. State 01945 g. Zip Code 781-844-1131 h. Phone Number - i. Fax Number sunriseauto67@gmail.com j. Email Address 3.Property owner (required if different from applicant):Check if more than one owner SAME a. First Name b. Last Name c. Organization d. Street Address e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number j. Email address 4.Representative (if any): Zachary L. a. First Name Basinski, PE, CFM b. Last Name Bracken Engineering, Inc. c. Company 49 Herring Pond Road d. Street Address Buzzards Bay e. City/Town MA f. State 02532 g. Zip Code 508-833-0070 h. Phone Number 508-833-2282 i. Fax Number zac@brackeneng.com j. Email address 5.Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $262.00 a. Total Fee Paid $118.50 b. State Fee Paid $143.50 c. City/Town Fee Paid $200.00 Barnstable Bylaw – Cat 1 $345.00 Barnstable Bylaw – Cat 5 wpaform3.doc • rev. 12/4/2023 Page 2 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and Town of Barnstable Wetlands Protection – Chapter 237 Provided by MassDEP: SE 003- MassDEP File Number Document Transaction Number BARNSTABLE City/Town A. General Information (continued) 6. General Project Description: The Applicants are proposing to construct a new elevated deck, balcony and extension of an existing sunroom area. In addition to that work, the applicants propose to install a new seasonal pier, implementation of mitigation plantings, and all associated landscaping, grading and appurtenances. 7a. Project Type Checklist: (Limited Project Types see Section A. 7b.) 1. Single Family Home 2. Residential Subdivision 3. Commercial/Industrial 4. Dock/Pier 5. Utilities 6. Coastal engineering Structure 7. Agriculture (e.g., cranberries, forestry) 8. Transportation 9. Other 7b. Is any portion of the proposed activity eligible to be treated as a limited project (including Ecological Restoration Limited Project) subject to 310 CMR 10.24 (coastal) or 310 CMR 10.53 (inland)? 1. Yes No If yes, describe which limited project applies to this project. (See 310 CMR 10.24 and 10.53 for a complete list and description of limited project types) 2. Limited Project Type If the proposed activity is eligible to be treated as an Ecological Restoration Limited Project (310 CMR10.24(8), 310 CMR 10.53(4)), complete and attach Appendix A: Ecological Restoration Limited Project Checklist and Signed Certification. 8. Property recorded at the Registry of Deeds for: BARNSTABLE a. County 236090 b. Certificate # (if registered land) c. Book d. Page Number B. Buffer Zone & Resource Area Impacts (temporary & permanent) 1. Buffer Zone Only – 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). Check all that apply below. Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. wpaform3.doc • rev. 12/4/2023 Page 3 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and Town of Barnstable Wetlands Protection – Chapter 237 Provided by MassDEP: SE 003- MassDEP File Number Document Transaction Number BARNSTABLE City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d) For all projects affecting other Resource Areas, please attach a narrative explaining how the resource area was delineated. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. Bank 1. linear feet 2. linear feet b. Bordering Vegetated Wetland 40 1. square feet 2. square feet c. Land Under Waterbodies and Waterways 5.5 Seasonally 1. square feet 2. square feet 3. cubic yards dredged Resource Area Size of Proposed Alteration Proposed Replacement (if any) d. Bordering Land Subject to Flooding 1. square feet 2. square feet 3. cubic feet of flood storage lost 4. cubic feet replaced e. Isolated Land Subject to Flooding 1. square feet 2. cubic feet of flood storage lost 3. cubic feet replaced f. Riverfront Area 1. Name of Waterway (if available) - specify coastal or inland 2. Width of Riverfront Area (check one): 25 ft. - Designated Densely Developed Areas only 100 ft. - New agricultural projects only 200 ft. - All other projects 3. Total area of Riverfront Area on the site of the proposed project: square feet 4. Proposed alteration of the Riverfront Area: a. total square feet b. square feet within 100 ft. c. square feet between 100 ft. and 200 ft. 5. Has an alternatives analysis been done and is it attached to this NOI? Yes No 6. Was the lot where the activity is proposed created prior to August 1, 1996? Yes No 3. Coastal Resource Areas: (See 310 CMR 10.25-10.35) Note: for coastal riverfront areas, please complete Section B.2.f. above. wpaform3.doc • rev. 12/4/2023 Page 4 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and Town of Barnstable Wetlands Protection – Chapter 237 Provided by MassDEP: SE 003- MassDEP File Number Document Transaction Number BARNSTABLE City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d) Check all that apply below. Attach narrative and supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. Designated Port Areas Indicate size under Land Under the Ocean, below b. Land Under the Ocean 1. square feet 2. cubic yards dredged c. Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below d. Coastal Beaches 1. square feet 2. cubic yards beach nourishment e. Coastal Dunes 1. square feet 2. cubic yards dune nourishment Size of Proposed Alteration Proposed Replacement (if any) f. Coastal Banks 1. linear feet g. Rocky Intertidal Shores 1. square feet h. Salt Marshes 1. square feet 2. sq ft restoration, rehab., creation i. Land Under Salt Ponds 1. square feet 2. cubic yards dredged j. Land Containing Shellfish 1. square feet k. 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. Land Subject to Coastal Storm Flowage 1. square feet 4. Restoration/Enhancement 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 enter the additional amount here. a. square feet of BVW b. square feet of Salt Marsh 5. Project Involves Stream Crossings a. number of new stream crossings b. number of replacement stream crossings wpaform3.doc • rev. 12/4/2023 Page 5 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and Town of Barnstable Wetlands Protection – Chapter 237 Provided by MassDEP: SE 003- MassDEP File Number Document Transaction Number BARNSTABLE City/Town C. Other Applicable Standards and Requirements This is a proposal for an Ecological Restoration Limited Project. Skip Section C and complete Appendix A: Ecological Restoration Limited Project Checklists – Required Actions (310 CMR 10.11). 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 and Endangered Species Program (NHESP)? To view habitat maps, see the Massachusetts Natural Heritage Atlas or go to http://maps.massgis.state.ma.us/PRI_EST_HAB/viewer.htm. a. Yes 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 August 1, 2021 b. Date of map If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18). To qualify for a streamlined, 30-day, MESA/Wetlands Protection Act review, please complete Section C.1.c, and include requested materials with this Notice of Intent (NOI); OR complete Section C.2.f, if applicable. If MESA supplemental information is not included with the NOI, by completing Section 1 of this form, the NHESP will require a separate MESA filing which may take up to 90 days to review (unless noted exceptions in Section 2 apply, see below). c. Submit Supplemental Information for Endangered Species Review ∗ 1. Percentage/acreage of property to be altered: (a) within wetland Resource Area percentage/acreage (b) outside Resource Area percentage/acreage 2. Assessor’s Map or right-of-way plan of site 2. Project plans for entire project site, including wetland resource areas and areas outside of wetlands jurisdiction, showing existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work ∗∗ (a) Project description (including description of impacts outside of wetland resource area & buffer zone) (b) Photographs representative of the site ∗ Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review (see https://www.mass.gov/ma- endangered-species-act-mesa-regulatory-review). Priority Habitat includes habitat for state-listed plants and strictly upland species not protected by the Wetlands Protection Act. ∗∗ MESA projects may not be segmented (321 CMR 10.16). The applicant must disclose full development plans even if such plans are not required as part of the Notice of Intent process. wpaform3.doc • rev. 12/4/2023 Page 6 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and Town of Barnstable Wetlands Protection – Chapter 237 Provided by MassDEP: SE 003- MassDEP File Number Document Transaction Number BARNSTABLE City/Town C. Other Applicable Standards and Requirements (cont’d) (c) MESA filing fee (fee information available at https://www.mass.gov/how-to/how-to-file-for- a-mesa-project-review). Make check payable to “Commonwealth of Massachusetts - NHESP” and mail to NHESP at above address Projects altering 10 or more acres of land, also submit: (d) Vegetation cover type map of site (e) Project plans showing Priority & Estimated Habitat boundaries (f) OR Check One of the Following 1. Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, https://www.mass.gov/service-details/exemptions-from-review-for-projectsactivities-in- priority-habitat; 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. Separate MESA review ongoing. a. NHESP Tracking # b. Date submitted to NHESP 3. Separate MESA review completed. Include copy of NHESP “no Take” determination or valid Conservation & Management Permit with approved plan. 3. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? a. Not applicable – project is in inland resource area only b. Yes No If yes, include proof of mailing, hand delivery, or electronic delivery of NOI to either: South Shore - Bourne to Rhode Island border, and the Cape & Islands: Division of Marine Fisheries - Southeast Marine Fisheries Station Attn: Environmental Reviewer 836 South Rodney French Blvd. New Bedford, MA 02744 Email: dmf.envreview-south@mass.gov North Shore - Plymouth to New Hampshire border: Division of Marine Fisheries - North Shore Office Attn: Environmental Reviewer 30 Emerson Avenue Gloucester, MA 01930 Email: dmf.envreview-north@mass.gov Also if yes, the project 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. c. Is this an aquaculture project? d. Yes No If yes, include a copy of the Division of Marine Fisheries Certification Letter (M.G.L. c. 130, § 57). wpaform3.doc • rev. 12/4/2023 Page 7 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and Town of Barnstable Wetlands Protection – Chapter 237 Provided by MassDEP: SE 003- MassDEP File Number Document Transaction Number BARNSTABLE City/Town C. Other Applicable Standards and Requirements (cont’d) Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. 4. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? a. Yes No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP Website for ACEC locations). Note: electronic filers click on Website. b. ACEC 5. 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. Yes No 6. 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. Yes No 7. Is this project subject to provisions of the MassDEP Stormwater Management Standards? a. 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 Vol. 2, Chapter 3) 2. A portion of the site constitutes redevelopment 3. Proprietary BMPs are included in the Stormwater Management System. b. No. Check why the project is exempt: 1. Single-family house 2. Emergency road repair 3. Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi-family housing project) with no discharge to Critical Areas. D. Additional Information This is a proposal for an Ecological Restoration Limited Project. Skip Section D and complete Appendix A: Ecological Restoration Notice of Intent – Minimum Required Documents (310 CMR 10.12). 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. 1. USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for the 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 [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area. wpaform3.doc • rev. 12/4/2023 Page 8 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and Town of Barnstable Wetlands Protection – Chapter 237 Provided by MassDEP: SE 003- MassDEP File Number Document Transaction Number BARNSTABLE City/Town D. Additional Information (cont’d) 3. Identify the method for BVW and other resource area boundary delineations (MassDEP BVW Field Data Form(s), 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. Conservation Site Plan in Centerville, MA a. Plan Title Bracken Engineering, Inc. b. Prepared By Zachary L. Basinski, PE, CFM / Alan M. Grady, PLS c. Signed and Stamped by 03/11/2025 d. Final Revision Date Varies – See Plan e. Scale f. Additional Plan or Document Title g. Date 5. If there is more than one property owner, please attach a list of these property owners not listed on this form. 6. Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. 7. Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. 8. Attach NOI Wetland Fee Transmittal Form 9. Attach Stormwater Report, if needed. E. Fees 1. Fee Exempt: No filing fee shall be assessed for projects of any city, town, county, or district of the Commonwealth, federally recognized Indian tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority. Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee Transmittal Form) to confirm fee payment: 19358 2. Municipal Check Number 03/11/2025 3. Check date eDEP Transaction #1878330 4. State Check Number 03/11/2025 5. Check date Bracken Engineering, Inc. 6. Payor name on check: First Name 7. Payor name on check: Last Name noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. A. Applicant Information 1. Location of Project: 226 HOLLY POINT ROAD a. Street Address BARNSTABLE (Centerville) b. City/Town eDEP Transaction #1878330 c. Check number $118.50 d. Fee amount 2. Applicant Mailing Address: LEONARD & MARINA a. First Name GILIVER b. Last Name c. Organization 28 SEAVIEW AVENUE d. Mailing Address MARBLEHEAD e. City/Town MA f. State 01945 g. Zip Code 781-844-1131 h. Phone Number i. Fax Number sunriseauto67@gmail.com j. Email Address 3. Property Owner (if different): SAME a. First Name b. Last Name c. Organization d. Mailing Address e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number j. Email Address To calculate filing fees, refer to the category fee list and examples in the instructions for filling out WPA Form 3 (Notice of Intent). B. Fees Fee should be calculated using the following process & worksheet. Please see Instructions before filling out worksheet. Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. Step 2/Number of Activities: Identify the number of each type of activity. Step 3/Individual Activity Fee: Identify each activity fee from the six project categories listed in the instructions. Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2) times the fee per category (identified in Step 3) to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be multiplied by 1.5 and then added to the subtotal amount. Step 5/Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step 6/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract $12.50. To calculate the city/town share of the fee, divide the total fee in half and add $12.50. noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 2 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Fees (continued) Step 1/Type of Activity Step 2/Number of Activities Step 3/Individual Activity Fee Step 4/Subtotal Activity Fee Category 1 (a) 1 $110.00 $110.00 Category 5 - dock 38 LF $4.00 $152.00 Step 5/Total Project Fee: $262.00 Step 6/Fee Payments: Total Project Fee: $262.00 a. Total Fee from Step 5 State share of filing Fee: $118.50 b. 1/2 Total Fee less $12.50 City/Town share of filling Fee: $143.50 c. 1/2 Total Fee plus $12.50 C. Submittal Requirements a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to the Commonwealth of Massachusetts. Department of Environmental Protection Box 4062 Boston, MA 02211 b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and the city/town fee payment. To MassDEP Regional Office (see Instructions): Send a copy of the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and a copy of the state fee payment. (E-filers of Notices of Intent may submit these electronically.) 1,000.00 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. 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. 167083 Feet feetApprox. Scale: 1 inch = 83 Legend Town of Barnstable GIS Unit 367 Main Street, Hyannis, MA 02601 508-862-4624 gis@town.barnstable.ma.us Map printed on: 2/20/2025 Spot Heights (NAVD88) Intermediate Contours (NAVD88) Index Contours (NAVD88) Road Names 1,942.79 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. 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. 3240162 Feet feetApprox. Scale: 1 inch = 162 Legend Town of Barnstable GIS Unit 367 Main Street, Hyannis, MA 02601 508-862-4624 gis@town.barnstable.ma.us Map printed on: 2/20/2025 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 1,000.00 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. 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. 167083 Feet feetApprox. Scale: 1 inch = 83 Legend Town of Barnstable GIS Unit 367 Main Street, Hyannis, MA 02601 508-862-4624 gis@town.barnstable.ma.us Map printed on: 2/20/2025 Road Names 1,942.79 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. 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. 3240162 Feet feetApprox. Scale: 1 inch = 162 Legend Town of Barnstable GIS Unit 367 Main Street, Hyannis, MA 02601 508-862-4624 gis@town.barnstable.ma.us Map printed on: 2/20/2025 NHESP Priority Habitats of Rare Species NHESP Estimated Habitats of Rare Wildlife NHESP Potential Vernal Pools NHESP Certified Vernal Pools Road Names Directions to 226 Holly Point Road, Centerville from the 230 South Street, Hyannis Town Hall: From Main Street to Holly Point Road: Turn left onto Main Street; At the traffic circle take the 2nd exit onto W. Main Street; Turn right onto Strawberry Hill Road; Continue onto Wequaquet Lane; Turn right onto Phinney’s Lane; Turn left onto Huckins Neck Road; Turn right to stay on Huckins Neck Road; Turn left onto Lakeside Drive E; and Bear right onto Holly Point Road. #226 Holly Point Road will be on the right. From Google Maps: 4.3 miles, approximately 13 minutes travel time. AFFIDAVIT OF SERVICE Under the Massachusetts Wetland Protection Act (Chapter 131, Section 40) and the Town of Barnstable Wetlands Protection – Chapter 237and its Regulations I, Penni L. Pomeroy, on behalf of Leonard & Marina Giliver, hereby certify under the pains and penalties of perjury that on 03/13/2025 I gave notification to abutters in compliance with the Town of Barnstable Bylaw (Chapter 237) and the Wetlands Protection Act, in connection with the following matter: A Notice of Intent (NOI) Application was filed under the Town of Barnstable’s Wetland Protection Bylaw (Chapter 237) and the Massachusetts Wetlands Protection Act by Bracken Engineering, Inc., on behalf of Leonard & Marina Giliver, with the Town of Barnstable’s Conservation Commission on 03/13/2025, for the property located at 226 Holly Point Road (Map 232, Parcel 033) in Barnstable, Massachusetts. The form of notification, and a list of the abutters to whom it was given and their addresses, are attached to this Affidavit of Service ____________________________________ 03/13/2025 Penni L. Pomeroy Date Bracken Engineering, Inc. Certified/RR Mailing – 03/13/2025 NOTIFICATION TO ABUTTERS UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT Chapter 131, Section 40 As an abutter within 100 feet of the proposed project and in accordance with the 2nd paragraph of Massachusetts General Laws Chapter 131, Section 40, you are hereby notified of the following: A. The Applicant has filed a Notice of Intent (NOI) with the Barnstable Conservation Commission seeking permission to perform work which might: remove, fill, dredge or alter an Area Subject to Protection Under the Wetlands Protection Act (General Laws, Chapter 131, Section 40). B. The name of the Applicant/Owner: Leonard & Marina Giliver C. The location where the activity is proposed is: 226 Holly Point Road (Map 232, Parcel 033). D. Description of the Project: The Applicants are proposing to construct a new elevated deck, balcony and extension of an existing sunroom area. In addition to that work, the applicants propose to install a new seasonal pier, implementation of mitigation plantings, and all associated landscaping, grading and appurtenances. E. The Applicant’s Representative: Bracken Engineering, Inc., 49 Herring Pond Road, Buzzards Bay, MA 02532, between the hours of 8:00 a.m. and 5:00 p.m. (Monday – Friday) Tel: 508- 833-0070. F. Plans and applications describing the proposed activity are on file with the Conservation Commission at: https://laserweb.town.barnstable.ma.us/WebLink/Browse.aspx?id=825530&dbid=0&repo=Town OfBarnstable or can be obtained by sending an email to kimberly.cavanaugh@town.barnstable.ma.us or by calling (508) 862-4093 G. The Public Hearing is scheduled for April 1st at 6:30 p.m. will be held remotely via ZOOM. See agenda posting on the Town Clerk’s website available at least 48 hours in advance of the meeting for the details. www.townofbarnstable.us/Departments/TownClerk NOTE: You may also contact the Department of Environmental Protection Southeast Regional Office for more information about this application or the Wetlands Protection Act. To contact DEP’s Southeast Regional Office: 508-946-2800 Notification provided pursuant to the above requirement does not automatically confer standing to the recipient to request Departmental Action for the underlying matter. See 310 CMR 10.05(7)(a)4. March 6, 2025 Commissioners Barnstable Conservation Commission 230 Main Street Hyannis 02601 RE: Letter of Findings, Site Assessment & Wetland Delineation, Bracken Engineering Inc., 226 Holly Point Road Centerville, MA 02632 (Map: 232 Parcel 033). Dear Commissioners: At the request of Mr. Jason Heyer, Project Designer, Bracken Engineering Inc. (BEI), Sabatia, Inc. produced this Letter of Findings regarding a site assessment and wetland delineation conducted for BEI at 226 Holly Point Road in Centerville, MA. The wetland delineation was performed on October 31st, 2024 throughout the subject parcel. The weather conditions consisted of partly sunny skies and approximately 70 degrees Fahrenheit. The investigation confirmed the presence of a Wetland Resource Area (WRA) abutting Bearse Pond (Great Pond) in the northern portion of the parcel. A shrub swamp (SS) was identified and delineated. The purpose of the site assessment was to determine the extent of the subject areas to the jurisdiction of MGL Chapter 131, section 40 (The Massachusetts Wetlands Protection Act) and its regulations at 310 CMR 10.00 et seq. as well as Chapter 237, Code of the Town of Barnstable Wetlands Protection. The applicant is filing for a 4’ wide MAINTAINED ACCESS PATH and installation of a SEASONAL DOCK. The proposed WORK will PARTIALLY occur within WRA and BUFFER ZONE to a WRA. MITIGATION is proposed within the 0’-50’ BUFFER ZONE to WRA as shown on the Plan of Record. The property is abutting the Great Pond Bearse Pond and is the location of the proposed seasonal dock. The project is subject to the performance standards outlined in Land Under Water Bodies and Waterways (310CMR10.56). This project is subject to Chapter 91 regulations and must obtain a MassDEP Waterways License after receiving an Order of Conditions. 1.0 Shrub Swamp (SS) Abutting Bearse Pond: A Bordering Vegetated Wetland (BVW-310 CMR 10.55) was delineated abutting Bearse Pond. The flags from the delineation are labelled as wetland flag = WF, WF 1 to WF 10. The BVW is not identified on the DEP Wetland Change Map. The field assessment determined the presence of the BVW through vegetative, hydrological, and soil observation. Species consistent with SS were observed. Species such as Sweet Pepperbush (Clethra alnifolia) (FAC) and Highbush Blueberry (Vaccinium corymbosum) (FACW) were observed within the BVW strip adjacent to the pond. Species observed in the transitional area and the upland limit of the wetland were Red Oak (Quercus rubra) (FACU), Red Maple (Acer rubrum) (FAC), Tupelo (Nyssa sylvatica) (FAC) and American Holly (Ilex Opaca) (FACU). On-line NRCS Soil Maps reveal the wetland soil is Freetown and Swansea Mucks, coastal lowland (54A) (hydric) and the upland soil is Hinckley, loamy sand (245B) (non-hydric). This is consistent with soil cores evaluated during the site assessment. Summary: The applicant is filing for a MAINTAINED ACCESS PATH and SEASONAL DOCK. Work will occur PARTIALLY within a WRA and within the BUFFER ZONE to WRA. A shrub swamp BVW has been delineated on the northern portion of the property abutting Bearse Pond (Great Pond). I am available to conduct an on-site with members of the Commission. Please feel free to contact me at 1-774-363-4141 or by email at Corey@Sabatia.net. Sincerely yours, Corey T. Bracken President Wetland Scientist Sabatia, Inc.