HomeMy WebLinkAbout25-007 Borto-Small RDA Packet-reduced939 main street rte 6a yarmouth port mass 02675 April 1, 2025 FROM: down cape engineering, inc civil engineers & land surveyors TRANSMITTAL Heather Cornell hcornell@downcape.com Barnstable Conservation RE: 290 River Road, Marstons Mills tel. (508) 362-4541 fax (508) 362-9880 Request for Determination of Applicability DCE#25-007 Bortolotti-Small Method of Delivery: Email; In person drop off Attached are documents to support a Request for Determination of Applicability at 290 River Road, including: • WPAFORMl • PROJECTNARRATIVE • ENVIRONMENTAL ASSESSMENT • SITEPHOTO • FORMPA • TITLE 5 SITE PLAN DATED 3-20-2025 • USGS LOCUS MAP • ABUTTER LIST & MAP • ABUTTER NOTICE • SITE DIRECTIONS • 9 PACKETS OF ABOVE • FILE FEE CC: file
Important: When filling out forms on the computer, use only the tab key to move your cursor -do not use the return key. ~ ~ How to find Latitude and Longitude and how to convert to decimal degrees Massachusetts Department of Environmental Protection Bureau of Water Resources -Wetlands WPA Form 1-Request for Determination of Applicability BARNSTABLE Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Municipality A. General Information 1. Applicant: BORTOLOTTI CONSTRUCTION INC. First Name Last Name 45 INDUSTRY ROAD Address MARSTONS MILLS MA 02648 City/Town State Zip Code 508-771-9399 Phone Number Email Address 2. Property Owner (if different from Applicant): JANE M SMALL 1997 TRUST First Name Last Name 290 RIVER ROAD Address MARSTONS MILLS MA 02648 City/Town State Zip Code Phone Number Email Address (if known) 3. Representative (if any) DANIELA OJALA PE PLS First Name Last Name DOWN CAPE ENGINEERING, INC Company Name 939 ROUTE 6A Address YARMOUTHPORT MA 02675 City/Town State Zip Code 508-362-4541 INFO@DOWNCAPE. COM 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): 290 RIVER ROAD Street Address 41.66007 Latitude (Decimal Degrees Format with 5 digits after decimal e.g. XX.XXXXX) 60 Assessors' Map Number MARSTONS MILLS City/Town -70.41854 Longitude (Decimal Degrees Format with 5 digits after decimal e.g. -XX.XXXXX) 005 Assessors' LoVParcel Number b. Area Description (use additional paper, if necessary): Area of single family residences. Locus is bordered to the east by a pond and to the west by a bog. c. Plan and/or Map Reference(s): (use additional paper if necessary) TITLE 5 SITE PLAN OF 290 RIVER ROAD/DOWN CAPE ENGINEERING, INC 3.20-2025 Title Date Title Date 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 BARNSTABLE 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): Proposed septic upgrade. 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). None of the proposed work will adversely impact the resource areas. 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. D Single family house on a lot recorded on or before 8/1/96 D Single family house on a lot recorded after 8/1/96 D Expansion of an existing structure on a lot recorded after 8/1/96 D Project, other than a single-family house or public project, where the applicant owned the lot before 8/7 /96 D New agriculture or aquaculture project D Public project where funds were appropriated prior to 8/7 /96 D 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 D Residential subdivision; institutional, industrial, or commercial project D Municipal project D District, county, state, or federal government project D 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.) 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 BARNSTABLE Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Municipality C. Determinations 1. I request the BARNSTABLE make the following determination(s). Check any that apply: Conservation Commission D 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. D b. whether the boundaries of resource area(s) depicted on plan(s) and/or map(s) referenced above are accurately delineated. 0 c. whether the Activities depicted on plan(s) referenced above is subject to the Wetlands Protection Act and its regulations. 0 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 D 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 ' ~ l__y--Signature of Representative (if any) 1 °1),A. l'J\G\.., ,", . c)~JnA. ~ P..,~ 1'tt1 \~ l . Date 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 BARNSTABLE Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Municipality C. Determinations 1. I request the _f3ARNST ABLE make the following determination(s). Check any that apply: Conservation Commission D 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. D b. whether the boundaries of resource area(s) depicted on plan(s) and/or map(s) referenced above are accurately delineated. I¼] 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 D 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~ection 10.05(3)(b )(1) of the Wetlands Protection Act regulations. ~ C. ~ .._g )e:i.'? /cJ.."')-§i'gna{ure of Applicant -=-o...,at_e __ _L__:_ __________ _ Signature of Representative (if any) Date wpafo,m1,doc • rev. 4/28/2023 WPA Fo,m 1 -Request for Dete,mtnation of Applicability• Page 3 of 3
Project Narrative REQUEST FOR DETERMINATION OF APPLICABILITY #290 River Road, Marstons Mills The applicant is pleased to submit a Request for Determination of Applicability application for a septic upgrade at 290 River Road. The existing 3-bedroom dwelling was constructed in 1955 per assessors' records. The 379,735 square foot property is located within an area of single-family homes. To the east of the dwelling lies a freshwater pond, to the west is a Bordering Vegetated Wetland along a cranberry bog and Marstons Mills River runs through the property to the North. No work will take place within Priority/Estimated Habitat of endangered species. Work Proposed A septic system upgrade is proposed to replace the failed existing system within the existing driveway area. The proposed system utilizes the existing 1000-gallon septic tank and includes a new 1000-gallon pump chamber which pumps up to a 15'x30' pressure dosed leaching field. Due to high groundwater a wall will be required around a portion of the leaching field which varies in height but is 2.5' above existing grade at its highest point. The leaching field is proposed 5"0.'1.' off the BVW at its closest point. No additional bedrooms are proposed. Bordering Vegetated Wetland There is a bordering vegetated wetland on the northwest portion of the property along a cranberry bog on the opposite side of the gravel driveway. The wetland was flagged by Paul Shea of Independent Environmental Consultants inc. and the edge was located by Down Cape Engineering. The proposed leaching field will be located within an existing driveway area and in the same general spot as the existing leaching. A silt fence work limit line is proposed downgradient of all proposed work. A backhoe is expected to be used for the installation of the new system and will use the existing driveway as access. The bottom of the pressure dosed leaching field will be 5' above high groundwater and will be an improvement over the existing system. Variances are required under 310 CMR 15.405: "Maximum Feasible Compliance" and are expected to be granted in a subsequent Board of Health filing.
January 11, 2025 Heatherlee Vermette INDEPENDENT ENVIRONMENTAL CONSULTANTS, INC. 162 West Long Pond Road, Plymouth, MA 02360 508-27 4-0310 Down Cape Engineering, Inc. 939 Main Street Yarmouth port, MA 02675 Re: 290 River Road, Marstons Mills, MA Ms, Vermette, This letter is an environmental assessment report concerning the above mentioned residential property located at 290 River Road in Marstons Mills. Independent Environmental Consultants, Inc. (IEC) conducted a site inspection and evaluation on 1-10-25 to delineate the boundary of freshwater wetland resource areas located within the property. This inspection occurred during the winter season. The property contains an existing residential house, landscaped areas, with a driveway connected to River Road. The property contains a number of regulated freshwater wetland resource areas. The property contains high groundwater elevations. Directly adjacent to the existing narrow driveway is a narrow intermittent stream, and bordering vegetated wetland (BVW), a wooded swamp. This wooded swamp is also connected to a perennial river, with a 200' riverbank wetland measured from the MAHWL of the river. This perennial river flows under the driveway via large culverts and concrete headwalls. This perennial river is a major tributary river to the larger Marstons Mills River (perennial river}, which is located within this property, which also has a 200' riverfront area associated with both sides of the perennial river measured from the MAHWL of the river, and the established riverbanks. Bordering vegetated wetlands are located adjacent to these perennial rivers. Bordering land subject to flooding is located on both sides of the perennial rivers. The property contains a small freshwater pond which is located adjacent to the existing residential house. The property contains a bordering vegetated wetland (BVW}, wooded swamp, which is contiguous with the Marstons Mills River, a perennial river, with a 200' riverfront area. The freshwater wooded swamp contains greater than 50% wetland vegetation, hydric soils, saturated soils, high groundwater conditions, and pooling areas. The wetlands are located within areas of reduced topography within this site. The wooded swamp is hydrologically connected to the Marstons Mills River, a freshwater perennial river, and one other tributary perennial river which flows downgradient into the Marstons Mills River, a larger main river system.
IEC has delineated the boundaries of the regulated freshwater wetland resource areas located within this property. 1. The BVW (wooded swamp) located directly adjacent to the narrow driveway has been delineated with the flags A 1 -A 6, this wetland connects to the perennial river. This wetland is located at the toe of slope, below the existing narrow driveway. 2. The edge of the freshwater pond has been delineated with the flags B 1 -B6, this pond is located close to the existing residential house. Wetland flagging is located at the edge of the freshwater pond near the limits of open grass areas of land. 3. There is a section of the wooded swamp that has been delineated where the perennial river flows onto this property from the existing culverts and concrete headwalls are located at the edge of the driveway. The edge of BVW wetland has been delineated with the flags C1 -C5. 4. There is a 50' buffer zone and a 100' buffer zone associated with the delineated edges of wetlands. The wetland resource areas continue off property. The Marstons Mills River and the tributary perennial river that flows into the Marstons Mills River, both have a 200' riverfront area (100' inner riparian zone and 100' outer riparian zone) located on both sides of the perennial rivers, measured from the mean annual high-water line (well defined riverbanks), which are located on both sides of the perennial river channels. The perennial rivers have Bordering Land Subject to Flooding located on both sides of the flowing perennial rivers. 5. The wetland resource areas continue off property. 6. Sections of this property may be mapped as Estimated Habitat and/or Priority Habitat of Endangered and/or Rare Species by NH ESP. The subject freshwater wetland resource areas and wetland buffer zones are under the jurisdiction of the Barnstable Conservation Commission, and DEP Wetlands. Paul Shea, PWS President
Town of Barnstable Conservation Commission 230 South Street Hyannis Massachusetts 02601 Form PA Office: 508-862-4093 E-mail: conservation@1own.barnstable.ma.us Permission to Access Property Property owner's name(s): JANE E SMALL, TR OF JANE M SMALL 1997 TRUST Applicant's (Representative's) Name(s) DOWN CAPE ENGINEERING, INC Project street address 290 RIVER ROAD, MARSTON$ MILLS Barnstable Assessor's Map & Parcel: Map_6_0 __ _ Parcel 005 ----=----Applicant's Contact Phone Number: _5_0_8_-_3_6_2-_4_5_4_1 _________ _ ACCESS TO PROPERTY PERMISSION As the Owner(s) of the above referenced property, I/we have been advised that under the provisions of the Massachusetts Wetlands Protection Act (MGL Ch 131, Section 40) and the Town of Barnstable General Ordinances (Chapter 237), the Barnstable Conservation Commission, its Agents or its designated staff are authorized, as a matter of law, to enter the outside areas of the property for the purpose of reviewing the existing conditions and the proposed work as described in my/our application (Notice of Intent or Request for Determination) to the Barnstable Conservation Commission. Where possible, notice will be provided to the applicant prior to the visit. Visits will occur during daylight hours on either weekdays or weekends as necessary for the Commission and its agent to examine said property. I understand that if attempts to contact me are unsuccessful, the Commissioner or its agent may proceed to inspect the outside areas of said property under this application. I/we confirm my/our understanding the purpose of this permission and I/we grant permission to Commissioners, its agent, and its designated staff, to enter the outside areas of my/our property regarding this application for the period as described below: 1. From the submission of the Application (Notice of Intent or Request for Determination) until the approval of the Notice of Intent Request or Request for Determination; and 2. From the issuance of the Order(s) of Conditions (approval for Notice of Intent) to the completion of the project and the final inspection by the Conservation staff to confirm the completion of the project. I have read the above and I understand and agree to allow inspections as described. "3 I ()__ 7-/ £.S-, Date signed Representative's signature Date signed Adopted March 15, 2022, effective April 18, 2022.
Town of Barnstable Conservation Commission 230 South Street Hyannis Massachusetts 02601 Form PA Office: 508-862-4093 E-mail: conservation@town.barnstable.ma. us Permission to Access Property Property owner's name(s): JANE E SMALL, TR OF JANE M SMALL 1997 TRUST Applicant's (Representative's) Name(s) DOWN CAPE ENGINEERING, INC Project street address 290 RIVER ROAD, MARSTONS MILLS Barnstable Assessor's Map & Parcel: Map_6_0 __ _ Parcel 005 Applicant's Contact Phone Number: _5_0_8_-_3_62_-_4_5_4_1 _________ _ ACCESS TO PROPERTY PERMISSION As the Owner(s) of the above referenced property, I/we have been advised that under the provisions of the Massachusetts Wetlands Protection Act (MGL Ch 131, Section 40) and the Town of Barnstable General Ordinances (Chapter 237), the Barnstable Conservation Commission, its Agents or its designated staff are authorized, as a matter of law, to enter the outside areas of the property for the purpose of reviewing the existing conditions and the proposed work as described in my/our application (Notice of Intent or Request for Determination) to the Barnstable Conservation Commission. Where possible, notice will be provided to the applicant prior to the visit. Visits will occur during daylight hours on either weekdays or weekends as necessary for the Commission and its agent to examine said property. I understand that if attempts to contact me are unsuccessful, the Commissioner or its agent may proceed to inspect the outside areas of said property under this application. I/we confirm my/our understanding the purpose of this permission and I/we grant permIssIon to Commissioners, its agent, and its designated staff, to enter the outside areas of my/our property regarding this application for the period as described below: 1. From the submission of the Application (Notice of Intent or Request for Determination) until the approval of the Notice of Intent Request or Request for Determination; and 2. From the issuance of the Order(s) of Conditions (approval for Notice of Intent) to the completion of the project and the final inspection by the Conservation staff to confirm the completion of the project. I have read the above and I understand and agree to allow inspections as described. Signature of property owner ~o, J Representative's signature 7::>A'-'\""-A . 0.)/r½-~~ Adopted March 15, 2022, effective April 18, 2022. Date signed Date signed
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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 Owner1 Owner2 Address Line 1 Address Line 2
060004002 EATON, CARROLL B & JANICE E TRS CARROLL AND JANICE EATON REV 372 RIVER ROAD
TR
060004004 JENKINS, JAMES A TR JENKINS NOMINEE TRUST PO BOX199
060005 SMALL, JANEE & FIELAND , 290RIVERRD
MARGARET
060006 RODRIGUEZ, JONATHAN ARCE 9 HI RIVER ROAD
060015 MARONEY, PATRICIA POBOX893
Page 1 of1 Total Number of Abutters: 5
City State Zip
MARSTONS MILLS MA 02648
MARSTONS MILLS MA 02648
MARSTONS MILLS MA 02648
MARSTONS MILLS MA 02648
MARSTONS MILLS MA 02648
Report Generated On: 3 /26 /2025 10 :16 AM
This list by itself does NOT constitute a "Certified List of Abutters" and is provided only as an aid to the determination of abutter s. If a Certified Abutter List is required, you must contact the Assessing Division to
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REQUEST FOR DETERMINATION OF APPLICABILITY ABUTTER NOTIFICATION LETTER DATE: 04;__Ql_; 2025 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 of Applicability application has been filed with the Barnstable Conservation Commission. APPLICANT: PROJECT ADDRESS OR LOCATION: ASSESSOR'S MAP & PARCEL: BORTOLOTTI CONSTRUCTION INC. 290 RIVER ROAD MARSTONS MILLS MAP 60 -----------PARCEL 005 ----PROJECT DESCRIPTION: Proposed septic system upgrade APPLICANT'S AGENT: PUBLIC HEARING: DOWN CAPE ENGINEERING, INC 939 ROUTE 6A YARMOUTHPORT, MA 02675 WILL BE HELD REMOTELY VIA ZOOM See agenda posting on Town Clerks website available in advance of the meeting for details. DATE:~ 15 TIME: 3:00PM I 2025 --NOTE: Plans and applications describing the proposed activity are on file with the Conservation Commission via Laserfiche at Conservation Commission, by email to Kimberly.Cavanaugh@town.barnstable.ma.us or by calling (508-862-4093)
Go gle Maps 230 South St Hyannis, MA 02601 Continue to Main St t 1. Head west toward Main St r 2. Turn right toward Main St 230 South St, Hyannis, MA 02601 to 290 River Rd, Drive 7.6 miles, 18 min Marstons Mills, MA 02648 47 sec (0.1 mi) 52 ft 482 ft Follow Main St and Falmouth Rd to Main St 14 min (6.6 mi) ~ 3. Turn left onto Main St 0.7mi ft 4. At the traffic circle, take the 2nd exit onto W Main St 8 Pass by Dunkin' (on the left in 1.5 mi) 2.1 mi ~ 5. Turn left onto Falmouth Rd 3.8 mi Take Lovell's Ln to River Rd 2 min (0.8 mi) r 6. Turn right onto Main St 0.2 mi r 7. Turn right onto Lovell's Ln 0.7 mi t 8. Continue onto River Rd 8 Destination will be on the right 13 sec (0.1 mi) 290 River Rd Marstons Mills, MA 02648