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HomeMy WebLinkAbout24-359 Botte NOI Filing 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: 22 Whidden A venue, Hyannis Notice of Intent DCE#24-359 Botte Method of Delivery: Email; In person drop off tel. (508) 362-4541 fax (508) 362-9880 Attached are documents to support a Notice of Intent at 22 Whidden Avenue in Hyannis, including: • Barnstable Checklist • WPAForm3 • Project narrative • Environmental assessment • Abutter map & list • Abutter notice • Site plan dated 3/27/2025 • FormPA • Site directions • USGS locus map • Site photos • 9 Packets of above • Filing fees CC: file Town of Barnstable Conservation Commission 230 South Street Hyannis Massachusetts 02601 Office: 508-862-4093 E-ma i 1: conservation@town. barns tab le. ma. us CHAPTER 707 Regulation Governing Minimum Submission Requirements for a Notice of Intent Application The Barnstable Conservation Commission has adopted the following requirements in order to obtain more consistently complete submission documents necessary for a thorough and efficient review of all Notice of Intent (NOi) applications. Failure to complete any of the items in this checklist may result in your application being denied. Applicant or applicant's agent should check each box denoting that the task has been completed or in certain instances, like field staking, denoting that the task will be completed. The following submission checklist covers the requirements of Chapter 237, Wetlands Protection, of the Pait l General Ordinances of the Code of the Town of Barnstable. This checklist shall be submitted to the Barnstable Conservation Division with the NOI application. I. Jg 2. Requirements a. The applicant understands, unless they've instrnctcd otherwise, they are applyi11g both under the Massachusetts Wetlands Protection Act M.G.L. c.131,§40 and Chapter 237 of the Town of Barnstable General Ordinances. b. Attach a written narrative to the NOl application (WPA Form 3), available at: www.mass.gov/eea/agencics/massdep/service/approvals/wpa-form-3.html C. d. describing any project impacts and proposed mitigation as they relate to the following: 1) 2) 3) 4) 5) of Any of the interests of Chapter 237 of the General Ordinances and the MassDEP Wetlands Protection Act M.G.L. 13 l, §40. The performance standards contained in the MassDEP Wetlands Protection Regulations (310 CMR 10.00) Chapter 704: Regulation Governing Activity in the 100-ft. Buffer Zone. Chapter 703: Private Docks and Piers. Any other applicable regulations (310 CMR I 0.00 o,· as promulgated under Chapter 237 the General Ordinances). Enclose proper payment to cover the fee for Chapter 237 filings. Consult current Fee Schedule at www.townotbarnstable.us/Conservation Please indicate who is to record the Order of Conditions (check one): Applicant __ X __ Agent Abutter Notificntion (See Abutter Notification Regulation, Chapter 706) Chap 707 /rev. Pebruary 2025 Page 1 a. b. c. d. Contact the Conservation Division office at (508) 862-4093 regarding the docketing process, or see current schedule of Conservation Hearings and submission deadlines at: www.townofbamstable.us/Conservation/ Provide a copy of the list of abutters within a I 00 ft radius of the project parcel. Provide a copy of the Assessor's Map indicating the parcel of the project site and showing the I 00 fl radius of the project parcel. Provide a copy of the abutter notification letter. Use the form letter provided in our Abutter Notification Regulation (Chapter 706), available on the Conservation Division website. e. Email copies of the green return receipts, from the certified mailings to the abutters, as proof of notification . If any mailings are returned, email a copy of the entire envelope, indicating by postal service stamp the reason for return. You will retain the receipts afterwards, not the Conservation Division. f. l further certify under the penalties ofpe1jury that all abutters were notified of the Notice of Intent Application, pursuant to the requirements of Chapter 23 7 of the General Ordinances of the Code oftbc Town of Barnstable. Notice must be made in writing by certified mail to all abutters withi11 100 ft of the property line of the project location. Signature of Applicant or Reprelentative Date 3. Field Staking: 1)( 4. rx 5. a. b. C. On or before Tuesday,@ 8:30 a.m., one week prior to the scheduled public hearing, have your project staked by a professional engineer or registered land surveyor showing all outside corners of all proposed structures and the continuous proposed "limit of work" line. Have a wetland scientist or other qualified professional flag all wetland resource areas on or within 100 ft of the work area. Make sure that the flags are sequentially numbered. Provide a project identification stake with bright painted top and applicant name and address, easily visible from the street approaching the site. Legal Advertisement Fees: a. Conservation will submit the legal ad for publication in a local newspaper. The applicant or his/her agent is responsible for payment, by check (payable to the Town of Bamstable ), at the hearing or by mail. The cost of the legal ad will be pre-calculated and posted on the hearing agenda prior to the hearing. Minimum Documentation for a Complete Application: a. Provide a completely filled-out (in all parts) NOi application as .locally adopted for the Town of Barnstable, including MassDEP Vegetated Wetland Field Data Form. Indicate Assessor's map and parcel of the project, as well as the street or road address, and pertinent village (i.e., Hyannis, Centerville, Barnstable, etc). b. Provide two (2) origi.nal project plans, stamped in blue or red ink (wet stamp). Plans must be signed and dated by a Massachusetts licensed, professional engineer, land surveyor, architect or landscape architect (as applicable), and shall be drawn at a readable scale (l" = 20' preferred). For multi-acre sites, a second site plan, drawn at larger scale showing the entire site, should also be provided. Chap 707 /rev. February 2025 Page2 lfila c. Provide a signed Permission to Access Property, Form PA. The form must be signed by the property Owner, or legal representative and submitted with the NOL. d. e. f. g. h. Form PA is available at www.townofbamstable.us/Conservation/. For prqjects requiring mitigation plantings under Chapter 704-3, 704-4, and 704-5, mitigation planting location(s) shall clearly be shown on landscaping planting plan. The planting plan shall include: I. species (chosen from the Town of Barnstable Conservation Commission approved planting lists), sizes, densities and/or quantities. 2. area calculations in 0' -50' and 50' -I 00' separately for the amount of mitigation planting required. 3. the amount of mitigation planting proposed. 4. a note or indication stating the area between the proposed plants will either be planted with an appropriate native seed mix or left to naturalize. 5. a note stating mulch may only be used under the dripline of proposed plants. 6. demarcati.on markers along the landward side of the mitigation planting area. The type of demarcation marker shall be selected from the list approved by the Conservation Commission. Provide detailed, written street directions to the locus (site). Provide a copy of a U.S.G.S. locus map indicating the general area of the project site. Provide a check for the Town of Barnstable portion of the required fil.ing fee. (The pottion payable to the Commonwealth, see 7. c. below) Provide any other documentation, photographs, architectt1ral renderings or other supporting data prepared by professionals competent in the field which may be relevant to the application. 6. The site plan shall also show: ~ 7. a. b. C. d. e. A II existing and proposed contours at 2-ft. minimum intervals (I-ft. preferred). Clear delineation of all existing and proposed structures and features. Building structures must be accurately dimensioned (fixed location) from property lines and wetland resource areas. Plans shall provide sufficient detail to show all potential wetland impacts, mitigation, compensatory areas, engineered structures, utilities, landscaping, etc. within the area of jurisdiction. On complicated sites, existing and proposed conditions must be shown on separate sheets. Locus inset map of the site clearly showing its location relative to surrounding public streets. All wetland resource area tlags by individual flag number (matched to the field) to clearly identify all resource areas on or within 100 feet of the work area. The individual who performed the flagging and date of flagging shall be identified on the plan next to the resource line. Section views showing changes in grade, cuts and fills. SUBMISSION OF THE COMPLETED APPLICATION WITH PLANS: a. Email NO! application and all associated materials in PDF format to Kimberly.Cavanaugh@town.barnstable.ma.us AND Edwin.Hoopes@town.barnstable.ma.us Do not include copies of checks. All attachments must be named with the hearing date (year fast), type, name, address. Examples 20220301 NO] Smith 21 Main Street or 2022031 NO! Plan Smith 21 Main Street. c. Provide two (2) full NOl applications with folded plans (colored ink stamp) with signature/date to the Town of Barnstable Conservation Division Office for administrative use; Chap 707 /rev. February 2025 Page3 d. D e. via email f. g. h. Provide seven (7) additional collated copies of the NO) (with folded plans and all pertinent data attached) to the Barnstable Conservation Division Office for distribution to, and review by, Conservation Commission members. Any supplementa1y documentation fo1· administrative and commission review should be submitted as soon as possible prior to the scheduled public hearing.* Mail one {I) copy of the complete NOi with plan(s) to the Massachusetts Department of Environmental Protection (MassDEP) Southeast Regional Office, 20 Riverside Dr., Lakeville, MA 02347. Send MassDEP portion of filing fee to: MA Department of Environmental Protection, Box 4062, Boston, MA 02211. MassDEP also recommends applicants send their Notices of Intent by email to SERO NOl@mass.gov. For roadway construction or repair projects, provide one electronic copy of the NOi and plans to the Senior Project Manager Special Projects, c/o the Town of Barnstable Department of Public Works, 382 Falmouth Road, Hyannis, MA 0260 I. For coastal piers, dredging, coastal engineering structures or other coastal erosion control projects, provide two hard copies of the NOi and plans to the Shellfish Biologist, c/o Town of Barnstable Natural Resources, 1189 Phinney's Ln., Centerville, MA 02632. fu. addition. email a (PDF) version to: 1) shellfishNOl@town.bamstable.ma.us. (Email must be sent the same day as submission to the Conservation Division); and 2) conscrvationprojects@town.bamstable.ma.us Also, for coastal piers, dredging, coastal engineering structures, provide two hard copies of the NOT and plans to the Harbormaster, c/o Town of Barnstable Marine and Environmental Affairs (MEA), 1189 Phinncy's Ln., Centerville, MA 02632. In addition, email a (PDF) version to: I) harbo1master@town.barnstablc.ma.us. (Email must be sent the same day as submission to the Conservation Division); and 2) conservationprojects@town.barnstable.ma.us Note: Please title the file for your NOI project as follows: a. Submission date, b. Last name of applicant, c. Map/parcel of property, e.g., 082316-Smith-076024. *J:i!.ili.: If n revised plnn needs to be submitted 1>l'ior to II he11rlng, plcnsc follow same instructions ns 7. b. nbove (nnd submit to other cntiticS ns mny be applicable}. Pinn revisions must be clearly noted and dntcd in the revision bloelt. (The snrnc individunl who slllmpcd the orlglnnl plan must also stamp and sign the revised ph111). Submitted this 1st day of April in the year 2025 in accordance with the Town of Barnstable "Regulation Governing Minimum Submission Requirements for a Notice of Intent Application" by: (Print Name) Owner/ Applicant )),~ (:;\.... Owner's Authorized Agent V (G. I '/'-,JC ' Approved: May 28, 1997 Revised: Mny12,2015 Revised: August 23, with minor rev. Sept. 6, 2016 Chap 707 /rev. February 2025 Telephone Number Revised March 15, 2022 Revised February 5, 2025 Page 4 Here is the file you requested for your records. To retain a copy of this file you must save and/or print. Username: DOWNCAPE Transaction ID: 1882665 Document: WPA Form 3 -NOi Size of File: 271.77K Status of Transaction: In Process Date and Time Created: 3/31/2025:9:36:49 AM Note: This file only includes forms that were part of your transaction as of the date and time indicated above. If you need a more current copy of your transaction, return to eDEP and select to "Download a Copy" from the Current Submittals page. Massachusetts Department of Environmental Protection Provided by MassDEP: MassDEP File#: Bureau of Resource Protection -Wetlands WP A Form 3 -Notice of Intent eDEP Transaction#: 1882665 City/fown:BARNST ABLE Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A.General Information 1. Project Location: a. Street Address b. City/fown d. Latitude f. Map!Plat # 2. Applicant: w Individual a. First Name c. Organization r Organization d. Mailing Address e. City/fown h. Phone Number 3.Property Owner: r more than one owner a. First Name c. Organization d. Mailing Address e. City/fown h. Phone Number 22 WHIDDEN A VENUE BARNSTABLE 41.63665N 324 MICHAEL 40 CIRCUIT LANE WALTHAM f. State i.Fax THEBFTRUST 40 CIRCUIT LANE WALTHAM £State i.Fax c. Zip Code e. Longitude g.Parcel/Lot # b.LastName MA b. Last Name MA 4.Representative: a. First Name DANIEL A b. Last Name OJALAPEPLS c. Organization d. Mailing Address DOWN CAPE ENGINEERING, INC 939ROUTE6A BOTTE 02601 70.28343W 68 g.ZipCode j. Email g. Zip Code j.Email g. Zip Code 02675 02154 02154 e. City/fown h.Phone Number Y ARMOUTHPORT 508-362-4541 f. State MA i.Fax j.Email INFO@DOWNCAPE.COM 5.Total WP A Fee Paid (Automatically inse1ted from NOI Wetland Fee Transmittal Fmm): a. Total Fee Paid 110.00 b.State Fee Paid 42.50 c.City/fown Fee Paid 67.50 6. General Project Desc1iption: PROPOSED ADDITION OF LIVING SPACE TO AN EXISTING SINGLE-FAMILY DWELLING. REPLACEMENT OF EXISTING PATIO AND LANDSCAPING IMPROVEMENTS INCLUDING 1,420 SF. OF MITIGATION PLANTINGS. ?a.Project Type: l.w SingleFamilyHome 3. r Limited Project Driveway Crossing 5 .r Dock/Pier 2. r Residential Subdivision 4. r Commercial/Industrial 6. r Utilities 7.r Coastal Enginee1ing Structure 8. r Agriculture (eg., cranbe1ries, forestry) 9.r Transportation 10. r Other Tu.ls any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 (coastal) or 310 Page 1 of 7 * ELECTRONIC COPY 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 CMR 10.53 (inland)? 1. rYes w'No If yes, describe which limited project applies to this project: 2. Limited Project 8.Property recorded at the Registry of Deeds for: a.County: BARNSTABLE b.Certificate: c.Book: 9935 B. Buffer Zone & Resource Area Impacts (temporary & permanent) I .Buffer Zone & Resource Area Impacts (tempormy & permanent): Provided by MassDEP: MassDEP File#: eDEP Transaction#: 1882665 City/fown:BARNSTABLE d.Page: 0286 r This is a Buffer Zone only project-Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland, Inland Bank, or Coastal Resource Area. 2.Inland Resource Areas: (See 310 CMR 10.54 -10.58, if not applicable, go to Section BJ. Coastal Resource Areas) Resource Area a.rBank b.r Borde1ing Vegetated Wetland c.r Land under Waterbodies and Wate1ways d. r Bordering Land Subject to Flooding e. r Isolated Land Subject to Flooding fr Riverfront Area 2. Width of Riverfront Area (check one) Size of Proposed Alteration Proposed Replacement (if any) 1. linear feet 2. linear feet 1. squm·e feet 2. squm·e feet 1. Square feet 2. square feet 3. cubic yards dredged 1. square feet 2. square feet 3. cubic feet of flood storage lost 4. cubic feet replaced 1. square feet 2. cubic feet of flood storage lost 3. cubic feet replaced 1. Nmne ofWate1way (if any) r 25 ft. -Designated Densely Developed Areas only r 100 ft. -New agricultural projects only r 200 ft. -All other projects 3. Total area ofRiverfront Area on the site of the proposed project 4. Proposed Alteration of the Riverfront Area: a. total squm·e feet b. squm·e feet within 100 ft. c. squm·e feet between 100 ft. and200 ft. square feet Page 2 of 7 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Bmeau ofResomce Protection -Wetlands WP A Form 3 -Notice of Intent Provided by MassDEP: MassDEP File#: eDEP Transaction#: 1882665 City/Town:BARNST ABLE Massachusetts Wetlands Protection Act M. G .L. c. 131, §40 5. Has an alternatives analysis been done and is it attached to this NOI? rYesrNo rYesrNo 6. Was the lot where the activity is proposed created prior to August 1, 1996? 3.Coastal Resource Areas: (See 310 CMR 10.25 -10.35) Resource Area a. r Designated Port Areas b.r Land Under the Ocean Indicate size under 1. square feet 2. cubic yards dredged Size of Proposed Alteration Proposed Replacement (if any) Land under the ocean below, c. r Banier Beaches Indicate size under Coastal Beaches and/or Coatstal Dunes, below d. r Coastal Beaches e.r Coastal Dunes fr Coastal Banks gr Rocky Intertidal Shores h. r Salt Marshes i.r Land Under Salt Ponds j. r Land Containing Shellfish k.r Fish Runs LJ.7 Land Subject to Coastal Storm Flowage 4.Restoration/Enhancement r Restoration/Replacement I. square feet 2. cubic yards beach noruishment 1. square feet 2. cubic yards dune nourishment I . linear feet 1. square feet I. square feet 2. sq ft restoration, rehab, crea. 1. square feet 2. cubic yards dredged 1. square feet Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1. cubic yards dredged 3200 1. square feet If the project is for the purpose of restoring or enhancing a wetland resomce area in addition to the square footage that has been entered in Section B.2.b or B.3.h above, please entered the additional amount here. a. square feet ofBVW 5.Projects Involves Stream Crossings r Project Involves Streams Crossings b. square feet of Salt Marsh Page 3 of 7 * ELECTRONIC COPY --Protection ~ Btu·eau of Resource Protection -Wetlands \ WP A Form 3 -Notice of Intent Provided by MassDEP: MassDEP File#: cDEP Transaction fl: 1882665 City/fown:BARNSTABLE ~ Massachusetts Department of Environmental Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 If the pl'oject involves Stream Crossings, please enter the number of new stream crossings/number of replacement stream crossings. a. number of new stream crossings b. number of replacement stream crossings C. Other Applicable Standards and Requirements Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review I. Is any po11ion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recent Estimated Habitat Map of Stale-Listed Rare Wetland Wildlife published by the Natuml Heritage ofEnclangered Species program (NHESP)? a. rves PNo lfyes, include proofofmailing or hand clelive,y ofNOI to: Natural Hc1itagc and Endangered Species Program Division ofFishe1ies and Wildlife I Rabbilllill Road Westborough, MA 01581 b. Date ofmap:FROM MAP VIEWER ff yes, the project is also subject lo Massachusetts Endangered Species Act (MESA) review (321 CMR l 0.18) .... c. Submit Supplemental Jnfonnation for Endangered Species Review * (Check boxes as U1ey apply) 1.r Percentage/acreage of property to be altered: (a) within Wetland Resource Area percentage/acreage (b) outside Resource Area percentage/acreage 2.r Assessor's Map or tight-of-way plan of site 3. r Project plans for entire project site, including wetl011d resource areas and areas outside of wetland jw·isdiction, showing existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work** a.r Project description (including description of impacts outside of wetland resource area & buffer zone) b. r Photographs representative of U1e site c. r MESA filing fee (fee infonnation available at: http://wwwmass.gov/eea/agencjcs/dfi/dfw/nan,rat-herjta1:e/regulat0ci-rcvjewlmass-endangcrcd-specjes-act-mesa/mcsa-fee-schedulc.htrnl) Make check payable to ''Natuml I leritage & Endangered Species Fund" and mail lo NHESP at above address Projects altering JO or more acres of la11d, also submit: d. r Vegetation cover type map of site e. r Project plans showing Piio1ity & Estimated Habitat boundaries d. OR Check One of the following 1.r Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CM R I 0.14, bU,tr(/www,miJS$,r,mv/cca/a11eocies(dfi/dfw/!aws-reWJlatjons/cmr/J2 )-cmr-1 OOO-massachusctts-endangcrod-spccies-act.btml# I 0.14; U1e NO! must still be sent to NH ESP ifU1e project is within estimated habitat pursuant to 310 CMR J 0.37 and I 0.59.) 2. r Separate MESA review ongoing. a. NH ESP Tracking Number b. Date submitted to NHESP Page 4 of7 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: MassDEP File#: Bureau of Resource Protection -Wetlands WPA Form 3-Notice of Intent eDEP Transaction#: 1882665 City/fown:BARNST ABLE Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 3.r Separate MESA review completed. Include copy ofNHESP "no Take" dete1mination or valid Conservation & Management Pe1mit with approved plan. * Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review ... 2. For coastal projects only, is any portion of the proposed project located below the mean high waterline or in a fish nm? a.r Not applicable -project is in inland resource area only b. r Yes P'No If yes, include proof of mailing or hand delive1y ofNOI to either: South Shore -Cohasset to Rhode Island, and the Cape & Islands: Division of Marine Fisheries -Southeast Marine Fisheries Station Attn: Environmental Reviewer 836 S. Rodney French Blvd New Bedford, MA 02744 North Shore -Hull to New Hampshire: Division of Marine Fisheries -N01th Shore Office Attn: Environmental Reviewer 30 Emerson Avenue Gloucester, MA 01930 If yes, it may require a Chapter 91 license. For coastal towns in the N01theast Region, please contact MassDEP's Boston Office. For coastal towns in the Southeast Region, please contact MassDEP's Southeast Regional office. 3. Is any p01tion of the proposed project within an Area of Critical Environmental Concern (ACEC)? a.rYes P'No b.ACECName If yes, provide name of ACEC (see instructions to WP A Fann 3 or DEP Website for ACEC locations). Note: electronic filers click on Website. 4. Is any p01tion of the proposed project within an area designated as an Outstanding Resource Water (ORW) as designated in the Massachusetts Sruface Water Quality Standards, 314 CMR 4.00? a. rYes w'No 5. Is any p01tion of the site subject to a Wetlands Restl'iction Order under the Inland Wetlands Resu·iction Act(M.G.L.c. 131, § 40A) or the Coastal Wetlands Restl'iction Act (M.G.L.c. 130, § 105)? a. rYesPNo 6. Is this project subject to provisions of the MassDEP Stonnwater Management Standards? a.r Yes, Attach a copy of the Stormwater Report as required by the Stonnwater Management Standards per 310 CMR 10.05(6)(k)-(q) and check if: I. Applying for Low Impact Development (LID) site design credits (as desc11bed in St01mwater Management Handbook r Vol.2, Chapter 3) ~ A portion of the site constitutes redevelopment ~ Proprietaiy BMPs are included in the St01mwater Management System b. P No, Explain why the project is exempt: ~ Single Family Home ~ Emergency Road Repair Page 5 of 7 * ELECTRONIC COPY 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 Provided by MassDEP: MassDEP File#: eDEP Transaction#: 1882665 City/fown:BARNST ABLE 3. Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi-family r housing project) with no discharge to C1itical Areas. D. Additional Information Applicants must include the following with this Notice of Intent (NOI). See instructions for details. Online Users: Attach the document transaction number (provided on your receipt page) for any of the following info1mation you submit to the Depaitment by regulai· mail delive1y. 1. USGS or other map of the ai·ea ( along with a nairntive description, if necessaiy) containing sufficient info1mation for the 1-1 Conservation Commission and the Depaitment to locate the site. (Electronic filers may omit this item.) 2. Plans identifying the location of proposed activities (including activities proposed to se1ve as a Borde1ing Vegetated Wetland P' [BVW] replication ai·ea or other mitigating measure) relative to the boundaiies of each affected resource ai·ea. 3. Identify the method for BVW and other resource ai·ea boundaiy delineations (MassDEP BVW Field Data Fmm(s). P' Dete1mination of Applicability, Order of Resource Area Delineation, etc.), and attach documentation of the methodology. 4. List tl1e titles and dates for all plans and other materials submitted with this NOI. P' a. Plan Title: b. Plan Prepared By: c. Plan Signed/Stamped By: c. Revised Final Date: e. Scale: SITE PLAN OF 22 WHIDDEN A VENUE DANIEL A OJALA P.E. P.L.S. March 27, 2025 5. If there is more than one prope1ty owner, please attach a list of these prope1ty owners not listed on this fmm. r 6. Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. r 7. Attach proof of mailing for Massachusetts Division ofMaiine Fishe1ies, if needed. r 8. Attach NOI Wetland Fee Transmittal Fom1. w 9. Attach Stormwater Repmi, ifneeded. r Page 6 of7 * ELECTRONIC COPY E. Fees I. Massachusetts Department of Environmental Protection BW'cau of Resource Protection -Wetlands WPA Form 3 -Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MossDEP File#: eDEP Transaction#: 1882665 City/fown:BARNSTABLE Fee Exempt: No flllng fee sholl be ossessed for project~ of ony city. town, county, or district of the Commonwenllh, federally rcco&nizcd Indian tribe housina authority, municipnl housing nuthority. or the Mnssnchusetls Bay Tronsporlotion Authority. AppllcPnts must ~ubmit the followlng lnfonm1tion (In nddili°,!!Jo pages I nnd 2 of the NOi Wetlu fee Trnnsmlllnl Form) to confirm fee pnymellt: _______ 9J,__'7L.J<.(}-'LZ,--=-'1-_""'---1,..;;.i--f-, -=-"-✓------2, Munlclpol Chock Nun,bcr ~ • 3, Check d•t• --.,......,--,---,--------'n,'--""'---M..-----:-_ ---r-------.-----------~-Stoto Check Number //. ,. ,:tzt;/Ln(}-e, ./-1-?-6. Pay~r Mme on check: Plro1 Nun10 7. Puycr nan1c on check: t.ut N~m• F. Signatures and Submittal Requirements I hereby certify under the pcnolties of perjury that lhe foregoing Notice of Intent ond nccompanying plans, documents, nnd supporting data are true ond complete to tho best ofmy knowledge. I understand that tho Conscrvntlon Comml~sion will placo notification oftbis Nolicc in a local newspaper at the expense of the applicant In nccordoncc wllh the wetlands re11ulntions, 310 CMR 10.05(Sl(n). I further certify under penallies of perjury that all abutters were notified of this appl!cntion, pursunnt 10 1he requirements of M.O.L, c. 131, § 40. Notice muKI be mndc by Certiflcnto of Malling or in writing by hand delivery or certified moll (return receipt requested) to nll nbuttert within 100 feet of the property line of the project location. ~~ T4h[<~ 2. Dole 3. Slan•lure of Property 0wnor(lr different) ~-Dote ~-Doto For Con■ervatlon CommlHlon: Two copies of the completed Notice of Intent (Form 3), including supporting plans ond docurnenls, two copies of the NOi Welland Fee Transmittal Pom1, und the clty/1own fee payment, to 1hc Con~crvatlon Commission by ccr1ified n10l1 or hnnd delivery. For MassDEP: Ono copy of the completed Notice of Intent (Fonn 3), including supponlng plans nnd documents, one copy of the NOi Wetland Fee Transmiltal Fonn, ond o copy of tho slnto foe payment to tho MouOilP Roaionol Office (100 l11atructio111) by certified mnil or hand delivery. Other: 1f U1e applicant has checked the "yes" box in Section C, ltems 1-3, above, refer to ll1ot section and the Instructions for additional submittal requl~111ents. The original and copies muM be sent slmul1auco1L1ly. Fnllurc by the applicant to send copies in a timely manner may result in dismhsol oftl1e Notice oflnlent. Page 7 of7 • ELECTRONIC COPY Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 3 -Notice of Wetland FeeTransmittal Form -----Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Applicant Information 1. Applicant: a. First Name c. Organization d. Mailing Address e. City/fown h. Phone Number 2.Property Owner:(if different) a. First Name c. Organization d. Mailing Address e. City/fown h. Phone Number 3. Project Location: a. Street Address Are you exempted from Fee? r MICHAEL 40 CIRCUIT LANE WALTHAM THE BF TRUST 40 CIRCUIT LANE WALTHAM 22 WHIDDEN A VENUE Note: Fee will be exempted if you are one of the following: • City/fown/County/Dist:rict • Municipal Housing Authority • Indian Tribe Housing Authority • MBTA State agencies are only exempt if the fee is less than $100 B. Fees f. State i.Fax f.State i.Fax Activity Type Activity Number A.) WORK ON SINGLE FAMILY LOT; ADDITION, POOL,ETC.; b.LastName MA b. Last Name MA b. City/fown Activity Fee 110.00 Provided by MassDEP: MassDEP File#: eDEP Transaction#: 1882665 City/fown:BARNSTABLE BOTTE g. Zip Code j.Email g. Zip Code j.Email BARNSTABLE RF Multiplier 02154 02154 Sub Total 110.00 City/fown share of.filling fee State share of filing fee Total Project Fee $67.50 $42.50 $110.00 Page 1 of 1 * ELECTRONIC COPY MassDEP's Online Filing System eDEP Profile [ Receipt Forms filg!.l..fillill!. Summary/Receipt Your submission is complete. Thank you for using DEP's online reporting system. You can select "My eDEP" to see a list of your transactions. DEP Transaction ID: 1882665 Date and Time Submitted: 3/31/2025 9:35:42 AM Other Email : Form Name: WPA Form 3 -NOi Project Location City/Town Name: BARNSTABLE location: 22 WHIDDEN AVENUE General Description: PROPOSED ADDITION OF LIVING SPACE TO AN EXISTING SINGLE-FAMILY DWELLING. REPLACEMENT OF EXISTING PATIO AND LANDSCAPING IMPROVEMENTS INCLUDING 1,420 SF. OF MITIGATION PLANTINGS. Applicant Information Name: MICHAEL BOTTE Company Address: 40 CIRCUIT LANE, WALTHAM, MA, 02154 Payment Information Your fee for the state share is $: 42.50 If you have paid by credit card or ACH, thank you for your payment. If you are paying by check or money order, please send your check (payable to the Commonwealth of Massachusetts) to MassDEP, Box 4062, Boston, MA 02211 Additional Forms Submitted WPA Form 3 -NOi (Fee Transmittal)(ONLINE ONLY) Ancillary Document Uploaded/Mailed 24-359 Abutter Map 24-359 Botte Site Plan 3-27-25 24-359 NOi Abutter Notice 24-359 NOi Narrative 24-359 SITE DIRECTIONS 24-359 Signed PA 24-359 Site Photos 24-359 USGS MassDEP Home I Contact I Privacy Policy Username:DOWNCAPE Nickname: DCE DEP ml:lD ) Pav.ment print receipt I I Exit Abutters List Environmental assessment MY. eDEP MassDEP Home I Contact I Privacy Policy MassDEP's Online Filing System ver. 17 .15.2.0.© 2024 MassDEP PROJECT NARRATIVE #22 Whidden Avenue-Hyannis, MA The applicant is pleased to submit a Notice of Intent application to construct an addition to an existing single-family dwelling as well as landscaping improvements. The site consists of a developed approximately 10,900 s.f. lot improved with a 2 bedroom single family dwelling connected to town sewer. Site is bordered by tidal Salt Marsh to the West, the resource area was flagged by Paul Shea of Independent Environmental Consultants Inc. on December 19, 2024. The site is also within Land Subject to Coastal Storm Flowage (LSCSF) Flood Zone AE elevations 11 and 13. The site does not lie within Priority or Estimated Habitat in accordance with the latest Natural Heritage map (2017). The addition will be constructed on the South end of the existing structure and will conform to all applicable zoning requirements. The closest point of the new addition to the Salt Marsh are the proposed steps at 17.1 '. The existing patio area in the rear will be replaced in the same footprint. The closest point of the existing patio to the Salt Marsh is 12.1' and will remain unchanged. Landscape steps are proposed on the steep slope leading down to the garage area. Mitigation plantings are proposed totaling 1,420 s.f. comprised of native shrub species located along the length of the rear of the property. A work limit line of staked silt fence is proposed as shown on the plan. Salt Marsh (310 CMR 10.32) The edge of the salt marsh was flagged by Paul Shea of Independent Environmental Consultants, Inc. and located by Down Cape Engineering. The closest part of the addition will be 17.8' to the edge of the salt marsh, with the steps down to grade slightly closer at 17 .1 '. All work will occur within existing lawn areas. No adverse effects from the work are expected, as the work limit line shall remain staked in place until all work is complete, and the site is stabilized. The salt marsh will continue to act fully in its capacity to provide habitat and food sources for wildlife. Land Subject to Coastal Storm Flowage The property is within Floodzones AE el. 11 & 13. Most of the work will take place within Flood Zone AE El. 11. No fill is proposed so construction activities will have no effect on the 100 year flood elevation. Barnstable Wetlands Protection Bylaw {Chapter 237 compliance} 1. Effects on Erosion Control: The work limit line will consist of staked silt fence. This will be installed prior to any work occurring on the site and shall remain in place until all the construction and plantings have stabilized. The proposed roof drywells will mitigate runoff toward the resource area. 2. Effects on wildlife: The proposed addition will not have a deleterious effect on wildlife. This lot is not within Priority or Estimated Habitat of Rare or Endangered Species. All of the work will occur within maintained lawn/landscape area. 3. Effects on Recreational Interests: None expected; this is privately owned property. 4. Effects on Aesthetic Interests. No negative effects. 5. (& 6.) Effects of Agriculture/Aquaculture: N/A 7. Effects on Historic Interests: No archaeological sites are l<nown to occur on the property. Standard excavating equipment will be used for the construction. Any staging areas will be located outside the 50' buffer to the Salt Marsh. December 19, 2024 Heatherlee Vermette INDEPENDENT ENVIRONMENTAL CONSULTANTS, INC. 162 West Long Pond Road, Plymouth, MA 02360 508-274-0310 Down Cape Engineering, Inc. 939 Main Street Yarmouthport, MA 02675 Re: 22 Whidden Avenue, Hyannis, MA Ms. Vermette, This letter is an environmental assessment report concerning the above mentioned residential property located at 22 Whidden Avenue in Hyannis. Independent Environmental Consultants, Inc. (IEC) conducted a site inspection and evaluation of the property to delineate the boundary of wetland resource areas within the property on 12-17-24. This inspection occurred at the end of the fall season. The property contains an existing house and driveway connecting to Whidden Avenue. Topography drops in elevation behind the house downgradient to a coastal vegetated wetland. The edge of wetlands is located near the bottom of slope. This wetland is contiguous with a coastal stream. IEC delineated the edge of wetlands with the flags A1 -A7. This low-lying coastal wetland, salt marsh, is subject to coastal storm flows, and contains land subject to coastal storm flowage (FEMA 100 year flood zone). This wetland is subject to tidal flows. There is a coastal bank located at the edge of wetlands. The wetlands continue off property. There is a 50' buffer zone and a 100' buffer zone associated with the edge of wetlands. The buffer zone extends towards the roadway. The wetland resource areas and wetland buffer zones are under the jurisdiction of the Barnstable Conservation Commission and DEP SERO. This property may contain areas mapped as Estimated and/or Rare Habitat of Endangered and/or Rare Species by NHESP. Paul Shea, PWS President Conservation Notice oflntent (NOi) Abutter Map for Subject Parcel Property owners within 100 feet of the perimeter of the subject parcel upon which work is proposed. ----./J2407J-J_f:: 324058 324070 324042 Town of Barnstabl GIS Unit gjs@town.hamst,.b!e.ma.us Legend □ Subject Parcel Abutters □ 100 ft. Buffer -Parcels -Town Boundary -Railroad Tracks Buildings -1 Approx. Buildi -1 Buildings Painted Lines Parking Lots Paved Unpaved Driveways Paved Unpaved Roads Paved Road Unpaved Road 0 Bridge ■ Paved Median Streams Marsh Water Bodies This map is for illustmtion pu,poses only. It is not adequate for lepl boundary determinatiot or regulatory intcrpretztion. Thi: map does not Te"preseDt an on-the-ground sun-ey. It may be generalized, may not reOec:t current conditions. and may contain cartographic errors or omissions. l'arcrl lines shown on this map a only grapbic representations of Assessor"s tu pan:els. They are not true property boundaries aru do not represent aa:urate relationships to physical objects on the map such as building locations. 0 0 78 155 · 1 inch = approx. 155 ft Printed on: 3/26/2025 Conservation Notice of Intent {NOD Abutter List for Subject Parcel Prop erty owners within 100 feet of the p erimeter of the s ubj ect p arcel upon which work is p roposed. Parcel ID Owner1 Owner2 Address Line 1 324058 BARNSTABLE, TOWN OF (CON) CONSERVATION COMMJSSION 230 SOUTH STREET 324066 HEON, MARC ROB F.RT & HEATHER 14 FARM HILL ROAD ELIZABETH 324067 CHARTIER, JAMES R & TERRY A 11 OVERLOOK DRIVE -- 324068 BOTIE, MI CHAELJ &CHERYLM 40 CIRCUIT LANE TRS 324069 GOUIA, BETH & OSTROWSKI, 21.ARKSPUR LANE MELINDA - 324075 BOLKHOUSKY, VLADIMIR & ALLA 45 PERRY HEl'IDERSON DRIVE 324076 LOCHRIE, ANNETTE & JOHN BLAKE 57 WINDSOR A VENUE 324104 FRISOLI, JANICE A 797 CAMBRIDGE ST Page 1 of 1 Total Number of Abutters: 8 A ddress Line 2 City State Zip HYANNIS MA 02601 NATICK MA 01760 LEICESTER MA 01524 --- WALTHAM MA 02154 GREEl.'\"WICH CT 06831 - FRAMINGHAM MA 01701 ACTON MA 01720 CAMBRIDGE MA 02141 Report Generated On: 3/26/2025 12:11 PM This list by itself does NOT constitute a "Certified Ust 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 t o have this list certified. NOTICE OF INTENT ABUTTER NOTIFICATION LETTER DATE: 4-1-2025 RE: Upcoming Barnstable Conservation Commission Public Hearing To Whom It May Concern, As an abutter within 100 feet of a proposed project, please be advised that a NOTICE OF INTEN'P application has been filed with the Barnstable Conservation Commission. APPLICANT: MICHAEL BOTTE PROJECT ADDRESS OR LOCATION: 22 WHIDDEN AVENUE ASSESSOR'S MAP & PARCEL: PROJECT DESCRLPTION: APPLICANT'S AGENT: PUBLIC HEARING: HYANNIS MAP324 PARCEL~ proposed addition to an existing single family dwelling as well as landscaping improvements DOWN CAPE ENGINEERING, INC 939 ROUTE 6A YARMOUTH PORT, MA 02675 WILL BE HELD REMOTELY VlA ZOOM See agenda posting on Town Clerks website available at least 48 hours in advance of the meeting for details. DATE: 04 / 15 / 2025 TIME: __,;;..3;..;;:o..;;.o __ .... P=.M=. NOTE: Plans and applications describing the p1·oposcd activity are on file with the Conse1·vatio11 Commission at https://itlasertiche.town,barnstable.ma.us/WebLink/Browse.aspx?id=825530&dbid=0&repo=TownOt13arns table, by email to Kimberly.Cavanaugh@town.barnstable.ma.us or by calling (508-862-4093) Town of Barnstable Conservation Commission 230 South Street Hyannis Massachusetts 02601 I Form PA I Office: 508-862-4093 E-mail: conservation@town,bamstable.ma.us Permission to Access Property Property owner's name(s): BF TRUST -------------------------App II cant's (Representative's) Name(s:OANIEL A OJALA PE, PLS, DOWN CAPE ENGINEERING Project street address 22 WHIDDEN AVENUE, HYANNIS Barnstable Assessor's Map & Parcel: Map_3_2_4 __ Parcel 068 Applicant's Contact Phone Number: _5_0_8-_3_62_-4_54_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. -f"/lv;ke. pertyowner ~ ~ ._ Adopted Mmrch 15, 2022, effective April 18, 2022. Date signed Date1;1gned Go gle Maps 230 South St, Hyannis, MA 02601 to 22 Whidden Ave, Hyannis, MA 02601 230 South St Hyannis, MA 02601 1' 1. Head east toward South St ~ 2. Turn left onto South St r 3. Turn right onto Ocean St 230 ft 0.1 mi 1.1 mi r 4. Ocean St turns right and becomes Hawes Ave r 5. Turn right onto Whidden Ave 8 Destination will be on the left 22 Whidden Ave Hyannis, MA 02601 0.1 mi 220 ft Drive 7 .4 miles, 5 min llUSGS ....,.,.,,....,..., U,,, D(PARlMOlTOPTHCIKHAIOR u.s. Ci[OlOOKAL su•vn A rtAHrtC Ut.tAN KAl.i: t:i4000 ~----"'-" ---.:"'".-' __ ... ___ .. _, """'' "' -.,,:::YI) • ~· • ~· ..,. I·-·· •-111• ·-:= ·-·· . ·--fn'AHtllS Q.UAORAHGLC IM.IU.(HUiITn • I.WHfAIU(OUffl 7.tMilfUftUlli:I •N.IM .. " ....... u i.. ..... -"""'_..,_ w_.,_ Uj·•----.. •--Cl•-Ou•-· ffYliNHIS, MA 1014 OCUS \ l I I \ l I ►~ ', \1\\ ', \\I ', ' ' ' '