HomeMy WebLinkAbout20250415 -NOI Submission - KROMER - 59 BAY LANE
Notice of Intent
Application
59 Bay Lane
Barnstable (Centerville), MA
Map 186 – Parcel 74 – Lot 002
April 1, 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.USGS Locus Map
b. Topographic Map
c. Parcel Map
d. Aerial Orthophoto
e. FEMA Flood Insurance Rate Map
f.Aerial - NHESP Map
5. Abutter Documents
a.Affidavit of Service
b. Abutters List & Map - https://gis.townofbarnstable.us
c.Notification to Abutters
6. Site Photos
7.Plan: “Proposed Pool Plan in Barnstable – 59 Bay Lane, Centerville”, prepared
by Bracken Engineering, Inc., dated 03/28/2025.
PROJECT NARRATIVE
59 Bay Lane, Barnstable (Centerville) MA
On behalf of the Applicant, Christine Kromer of the Christine Kromer Revocable Trust, Bracken Engineering,
Inc. submits this Notice of Intent (NOI) for work within the FEMA Special Flood Hazard Zone “AE” (El. 13)
and the 100-foot buffer zone associated with a Bordering Vegetated Wetland (BVW). The proposed project
consists of the construction of a permanent above ground pool partially within the area of an existing deck.
The property is a partially developed 46,976± square foot parcel and is surrounded by single family dwellings
to the north, east and west. Bumps River lies to the south.
Wetland Resource Areas
Wetland resource areas on or adjacent to the property include Land Subject to Coastal Storm Flowage
(LSCSF), Bordering Vegetated Wetland (BVW), and Riverfront Area. A majority of the parcel falls within
FEMA Special Flood Hazard Areas ‘AE’ (EL. 13) and ‘AE’ (El. 12) as shown on FEMA Flood Insurance Rate
Map 25001C-0563-J, effective 7/16/2014. The limits of the BVW were delineated by Corey Bracken of
Sabatia, Inc. in October of 2024. A portion of the parcel, including all existing structure, lies within the 200’
Riverfront Area.
Proposed Project
The proposed project generally consists of the installation of a permanent above-ground “plunge pool” and
will be completed in the following steps:
•Stake the proposed limit of work and delineate with erosion control barriers (EBC) as shown on the
attached plan.
•Remove approximately 14’ of the existing boardwalk/pier to allow access for a mini-excavator;
•Remove a portion of the existing deck;
•Install the proposed foundation system consisting of helical piles and a precast concrete slab;
•Install the fiberglass pool on the foundation system via crane;
•Reconstruct the deck around the pool;
•Install the proposed mitigation plantings;
•Reconstruct the boardwalk/pier in kind and restore all disturbed areas to their preconstruction
conditions.
Performance Standards
Protection of Public and Private Water Supply and Ground Water Supply
The site is not located within a DEP defined Zone I or II wellhead protection area. No septic work is proposed.
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
The property is located within a Flood Hazard Zone “AE” (El.12 & El. 13) as shown on the insurance rate map
25001C-0563-J dated July 16, 2014. The proposed pool and foundation system shall not impede the ability of
the landform to receive and naturally disperse floodwaters. Therefore, the flood control and storm damage
prevention interests of the Act and Bylaw are met.
PROJECT NARRATIVE
59 Bay Lane, Barnstable (Centerville) MA
Prevention of Pollution
Erosion control measures consisting of staked Silt Fence and straw wattle will be implemented as depicted on
the enclosed plans. Therefore, the pollution interests of the Act and Bylaw will be upheld.
Protection of Fisheries, Shellfisheries, Wildlife Habitat and Riverfront Areas
The Site does not contain mapped NHESP designated areas (Estimated or Priority Habitats). No work is
proposed below Mean High Water or within Wetland Resource Areas. Therefore, the fisheries, shellfisheries,
wildlife habitat and riverfront interests of the Act and Bylaw shall be protected.
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):
59 BAY LANE
a. Street Address
BARNSTABLE (Centerville)
b. City/Town
02632-3301
c. Zip Code
Latitude and Longitude: 41.636671
d. Latitude
-70.357452
e. Longitude
186
f. Assessors Map/Plat Number
074 - 002
g. Parcel /Lot Number
2.Applicant:
CHRISTINE
a. First Name
KROMER, TR
b. Last Name
CHRISTINE KROMER REVOCABLE TRUST
c. Organization
94 CHESTNUT STREET, UNIT 2
d. Street Address
BOSTON
e. City/Town
MA
f. State
02108
g. Zip Code
508-833-007 (agent)
h. Phone Number i. Fax Number
zac@brackeneng.com (agent)
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 02532
g. Zip Code
508-833-0070
h. Phone Number
508-833-2282
i. Fax Number
f. State
zac@brackeneng.com
j. Email address
5.Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form):
$165.00 (Riverfront)
a. Total Fee Paid
$70.00
b. State Fee Paid
$90.00
c. City/Town Fee Paid
$200.00
Barnstable Bylaw – Cat 1
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 applicant proposes to construct a permanent above ground plunge pool partially within the limits
of the existing deck. To offset the additional disturbance within the 50-100’ Buffer Zone the applicant
proposes approximately 202 s.f. of mitigation plantings.
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
223488
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
1. square feet
2. square feet
c. Land Under
Waterbodies and
Waterways
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 Bumps River – Coastal River
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: 30,980±
square feet
4. Proposed alteration of the Riverfront Area:
55±
a. total square feet
0
b. square feet within 100 ft.
55±
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
1,800±
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.
Proposed Pool Plan in Barnstable, MA
a. Plan Title
Bracken Engineering, Inc.
b. Prepared By
Zachary L. Basinski, PE, CFM / David A. French,PLS
c. Signed and Stamped by
03/28/2025
d. Final Revision Date
1” = 20’
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:
19400
2. Municipal Check Number
04/01/2025
3. Check date
eDEP Transaction #1884154
4. State Check Number
04/01/2025
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:
59 BAY LANE
a. Street Address
BARNSTABLE (Centerville)
b. City/Town
eDEP Transaction #1884154
c. Check number
$75.00
d. Fee amount
2.Applicant Mailing Address:
Christine
a. First Name
Kromer, TR
b. Last Name
Christine Kromer Revocable Trust
c. Organization
94 Chestnut Street, Unit 2
d. Mailing Address
Boston
e. City/Town
MA
f. State
02108
g. Zip Code
-
h. Phone Number i. Fax Number
-
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) – pool, mitigation &
temp work area
1.5 (Riverfront)
$110.00
$165.00
Step 5/Total Project Fee: $165.00
Step 6/Fee Payments:
Total Project Fee: $165.00
a. Total Fee from Step 5
State share of filing Fee: $70.00
b. 1/2 Total Fee less $12.50
City/Town share of filling Fee: $95.00
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.)
59 Bay Lane
USGS Topographic Maps
Property Tax Parcels
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)
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
2,000.00
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.
3330167
Feet
feetApprox. Scale: 1 inch = 167
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
1,942.79
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
Road Names
3,885.57
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.
6480324
Feet
feetApprox. Scale: 1 inch = 324
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 59 Bay Lane, Centerville from 230 South Street, Hyannis Town Hall:
From Main Street to 59 Bay Lane:
Turn left onto Main Street;
At the traffic circle take the 2nd exit onto W. Main Street;
Turn left onto Pine Street;
Slight left onto S. Main Street;
Turn right onto Bay Lane; and
Turn left onto Cove Road;
#59 Bay Lane is at the end of Cove Road.
From Google Maps: 4.7 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 CHRISTINE KROMER, TR, hereby certify under the pains and
penalties of perjury that on 04/01/2025 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 CHRISTINE KROMER,
TR, with the Town of Barnstable’s Conservation Commission on 04/01/2025, for
the property located at 59 BAY LANE, Map 186, Parcel 074-002 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
____________________________________ 04/01/2025_______
Penni L. Pomeroy Date
Bracken Engineering, Inc.
Certified/RR Mailing – 04/01/2025
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:Christine Kromer, Trustee
C.The location where the activity is proposed is:
59 Bay Lane, Map 186, Parcel 074-002 (Centerville)
D.Description of the Project:
The applicant proposes to construct a permanent above ground plunge pool
partially within the limits of the existing deck. To offset the additional disturbance
within the 50-100’ Buffer Zone the applicant proposes approximately 202 s.f. of
mitigation plantings and all associated landscaping, grading and utility work.
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 tentatively scheduled for April 15th at 3:00 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.
59 Bay Lane, Barnstable (Centerville)
Map 186, Parcel 074-002
Site Photographs
Taken 5/21/2024
59 Bay Lane, Barnstable (Centerville)
Map 186, Parcel 074-002
Site Photographs
Taken 5/21/2024
59 Bay Lane, Barnstable (Centerville)
Map 186, Parcel 074-002
Site Photographs
Taken 5/21/2024
59 Bay Lane, Barnstable (Centerville)
Map 186, Parcel 074-002
Site Photographs
Taken 5/21/2024
59 Bay Lane, Barnstable (Centerville)
Map 186, Parcel 074-002
Site Photographs
Taken 5/21/2024
59 Bay Lane, Barnstable (Centerville)
Map 186, Parcel 074-002
Site Photographs
Taken 5/21/2024