HomeMy WebLinkAbout24-339 Dugas 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: 0 Sunset Lane, Barnstable Notice of Intent DCE#24-339 Dugas 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 O Sunset Lane in Barnstable, including: • Barnstable Checklist • WPAForm3 • Project narrative • Abutter map • Abutter list • Abutter notice • Site plan dated 2-20-25 • FormPA • Site directions • USGS locus map • Site photos • 0 Sunset property owners • 9 Packets of above • Filing fees CC: file
Town of Barnstable Conservation Commission 230 South Street Hyannis Massachusetts 02601 Office: 508-862-4093 E-mail: conservation@town.barnstable.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 oflntent (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 Part I General Ordinances of the Code of the Town of Barnstable. This checklist shall be submitted to the Barnstable Conservation Division with the NOI application. 1. Requirements a. The applicant understands, unless they've instructed otherwise, they are applying 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 NOI application (WPA Form 3), available at: www.mass.gov/eea/agencies/massdep/service/approvals/wpa-form-3.html describing any project impacts and proposed mitigation as they relate to the following: Any of the interests of Chapter 237 of the General Ordinances and the MassDEP Wetlands Protection Act M.G.L. 131, §40. 2) The performance standards contained in the MassDEP Wetlands Protection Regulations (310 CMR 10.00) C. d. 3) 4) 5) of Chapter 704: Regulation Governing Activity in the 100-ft. Buffer Zone. Chapter 703: Private Docks and Piers. Any other applicable regulations (310 CMR 10.00 or 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.townofbarnstable.us/Conservation Please indicate who is to record the Order of Conditions (check one): Applicant __ X __ Agent 2. Abutter Notification {See Abutter Notification Regulation, Chapter 706) Chap 707 /rev. February 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. townofbarnstab le.us/Conservation/ Provide a copy of the list of abutters within a 100 ft radius of the project parcel. Provide a copy of the Assessor's Map indicating the parcel of the project site and showing the 100 ft 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 ce1iified 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. I fmiher certify under the penalties of pe1jury 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 of the Town of Barnstable. Notice must be made in writing by certified mail to all abutters within 100 ft of the prope1iy line of the project location. 3. Field Staking: ~ 4. 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 ~arnstable ), 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. 5. 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) original 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 Page 2
[ma ~ 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.townofbarnstable.us/Conservation/. For projects 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: 1. 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' -100' 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. demarcation 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 filing fee. (The portion payable to the Commonwealth, see 7. e. below) Provide any other documentation, photographs, architectural renderings or other suppmting data prepared by professionals competent in the field which may be relevant to the application. 6. The site plan shall also show: a. b. C. d. e. All existing and proposed contours at 2-ft. minimum intervals (1-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 flags by individual flag number (matched to the field) to clearly identify all resource areas on or within I 00 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. 7. SUBMISSION OF THE COMPLETED APPLICATION WITH PLANS: a. Email NOI application and all associated materials in PDF format to Kimberly.Cavanaugh@town.bamstable.ma.us AND Edwin.Hoopes@town.bamstable.ma.us Do not include copies of checks. All attachments must be named with the hearing date (year first), type, name, address. Examples 20220301 NOi Smith 21 Main Street or 2022031 NOi Plan Smith 21 Main Street. c. Provide two (2) full NOI 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 Page 3
d. 0 e. via email [ID'a f. g. h. Provide seven (7) additional collated copies of the NOi (with folded plans and all pertinent data attached) to the Barnstable Conservation Division Office for distribution to, and review by, Conservation Commission members. Any supplementaiy documentation for administrative and commission review should be submitted as soon as possible prior to the scheduled public hearing.* Mail one (1) 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 NOI@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 Depattment of Public Works, 382 Falmouth Road, Hyannis, MA 02601. 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. l!:!_ addition, email a (PDF) version to: 1) shellfishNOI@town.bamstable.ma.us. (Email must be sent the same day as submission to the Conservation Division); and 2) conservationprojects@town.bamstable.ma. us Also, for coastal piers, dredging, coastal engineering structures, provide two hard copies of the NOi and plans to the Harbo1master, c/o Town of Barnstable Marine and Environmental Affairs (MEA), 1189 Phinney's Ln., Centerville, MA 02632. In addition, email a (PDF) version to: 1) harbormaster@town.bamstable.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 ofprope1ty, e.g., 082316-Smith-076024. *Note: If a revised plan needs to be submitted prior to a hearing, please follow same insh·uetions as 7. b. above (and submit to other entities as may be applicable). Plan revisions must be clearly noted and dated in the revision block. (The same individual who stamped the original plan must also stamp and sign the revised plan). Submitted this 1st day of April in the year 2025 in accordance with the Town of Barnstable "Regulation Governing Mininrnm Submission Requirements for a Notice oflntent Application" by: (Print Name) Approved: May 28, 1997 Revised: May 12, 2015 Revised: August 23, with minor rev. Sept. 6, 2016 Chap 707 /rev. February 2025 Revised March 15, 2022 Revised February 5, 2025 Page4
Massachusetts Department of Environmental Protection eDEP Transaction Copy 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: 1882694 Document: WPA Form 3 -NOi Size of File: 272.33K Status of Transaction: In Process Date and Time Created: 3/31/2025:5:25:16 PM 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#: 1882694 City/Town:BARNSTABLE Massachusetts Wetlands Protection Act M. G .L. c. 131, §40 A.General Information 1. Project Location: a. Street Address b. City/Town d. Latitude f. Map!Plat # 2. Applicant: P Individual r Organization a. First Name c. Organization d. Mailing Address e. City/Town h. Phone Number 3.Property Owner: w more than one owner a. First Name c. Organization d. Mailing Address 0 SUNSET LANE BARNSTABLE 41.70917N 301 JOSEPHF 30 SUNSET LANE BARNSTABLE f. State i.Fax c. Zip Code e. Longitude g.Parcel/Lot # b.LastName MA b. Last Name 02630 70.29673W 23 DUGAS g. Zip Code j.Email MORSE JR & NEWELL 02630 e. City/Town RICHARD P & BETSY 65 SUNSET LANE BARNSTABLE f.State MA g. Zip Code j.Email 02630 h. Phone Number 4.Representative: a. First Name c. Organization d. Mailing Address i. Fax DANIEL A b. Last Name DOWN CAPE ENGINEERING, INC 939ROUTE6A OJALAPEPLS g. Zip Code 02675 e. City/Town h.Phone Number Y ARMOUTHPORT 508-362-4541 f. State MA i.Fax j.Email INFO@DOWNCAPE.COM 5.Total WPA Fee Paid (Automatically inserted from NOI Wetland Fee Transmittal Fo1m): a.Total Fee Paid 500.00 b.State Fee Paid 237.50 c.City!Town Fee Paid 6. General Project Desc1iption: PROPOSED STAIRWAY ACCESS TO THE BEACH. ?a.Project Type: 1.P SingleFamilyHome 3. r Limited Project D1iveway Crossing 5 .r Dock/Pier 2. r Residential Subdivision 4. r Commercial/Industtial 6. r Utilities 7. r Coastal Enginee1ing Sttucrure 8. r Agriculrure ( eg., cranberries, forestry) 9.r Transportation 10. r Other 262.50 7b.ls any portion offue proposed activity eligible to be tt·eated as a limited project subject to 310 CMR 10.24 (coastal) or 310 CMR 10.53 (inland)? Page I of7 * 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 I. rYesPNo If yes, describe which limited project applies to this project: 2. Limited Project 8.Property recorded at the Registiy of Deeds for: a.County: BARNSTABLE BARNSTABLE b.Certificate: 157499 238369 c.Book: B. Buffer Zone & Resource Area Impacts (temporary & permanent) I .Buffer Zone & Resource Area Impacts (temporary & permanent): Provided by MassDEP: MassDEP File#: eDEP Transaction#: 1882694 City/fown:BARNST ABLE d.Page: r This is a Buffer Zone only project -Check if the project is located only in the Buffer Zone of a Borde1ing Vegetated Wetland, Inland Bank, or Coastal Resource Area. 2.Inland Resource Areas: (See 310 CMR 10.54 -10.58, ifnot applicable, go to Section B.3. 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 £ r Riverfront Area 2. Widfu of Riverfront Area ( check one) Size of Proposed Alteration Proposed Replacement (if any) 1. linear feet 2. linear feet 1. square feet 2. square 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. Name ofWate1way (if any) r 25 ft. -Designated Densely Developed Areas only r I 00 ft. -New agiicultural projects only r 200 ft. -All other projects 3. Total area of Riverfront Area on tl1e site oftl1e proposed project 4. Proposed Alteration of fue Riverfront Area: a. total square feet b. square feet within 100 ft. c. square feet between I 00 ft. and200 ft. square feet Page 2 of 7 * ELECTRONIC COPY
Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 3 -Notice of Intent Provided by MassDEP: MassDEP File#: eDEP Transaction#: 1882694 City/f own: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 I, 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 I. square feet 2. cubic yards dredged Size of Proposed Alteration Proposed Replacement (if any) Land under the ocean below, er Ban"ier Beaches d. r Coastal Beaches Indicate size under Coastal Beaches and/or Coatstal Dunes, below er Coastal Dunes f f.1 Coastal Banks g. r Rocky Intertidal Shores h. r Salt Marshes ir Land Under Salt Ponds j. r Land Containing Shellfish k.r Fish Runs l f.1 Land Subject to Coastal Storm Flowage 4.Restoration/Enhancement r Restoration/Replacement 1. square feet 1. square feet 20 I . linear feet 1. square feet 1. square feet 1. square feet 2. cubic yards dredged I . square feet 2. cubic yards beach nmuishment 2. cubic yards dune nomishment 2. sq ft restoration, rehab, crea. Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1. cubic yards dredged 80 1. square feet If the project is for the pmpose of rest01ing 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 entered the additional amount here. a. square feet ofBVW b. square feet of Salt Marsh 5.Projects Involves Stream Crossings r Project Involves Streams Crossings Page 3 of7 * ELECTRONIC COPY
Bureau of Resource Protection -Wetlands \ WP A Form 3 -Notice of Intent Provided by MassDEP: MassDEP File#: eDEP Transaction#: 1882694 City/fown:BARNST ABLE ~ Massachusetts Department of Environmental Protection Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 If the project 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 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 He1itage of Endangered Species program (NHESP)? a. nYes MNo If yes, include proof of mailing or hand delive1y of NOi to: Natural Heritage and Endangered Species Program Division ofFishe1ies and Wildlife 1 Rabbit Hill Road Westborough, MA 01581 b. Date ofmap:FROM MAP VIEWER If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10. 18) .... c. Submit Supplemental Infmmation for Endangered Species Review* (Check boxes as they apply) 1. r Percentage/acreage of property to be altered: (a) within Wetland Resow·ce Area percentage/acreage (b) outside Resource Area percentage/acreage 2. r Assessor's Map or 1ight-of-way plan of site 3.n Project plans for entire project site, including wetland resomce areas and areas outside ofwetlandjwisdiction, showing existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work** a. n Project description (including description of impacts outside of wetland resource area & buffer zone) b.r Photographs representative of the site c.n MESA filing fee (fee infmmation available at: htqJ://www.mass.gov/eea/agencies/dfg/dfw/natural-he1itage/re!!ulat01y-review/mass-endangered-species-act-mesa/mesa-fee-schedule.html) Make check payable to "Natural Heritage & Endangered Species Fund" and mail to NHESP at above address Projects altering 10 or more acres of land, also submit: d. r Vegetation cover type map of site e.n Project plans showing Prio1ity & Estimated Habitat boundaties d. OR Check One of the following 1. r1 Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR l 0.14, htqJ·//www.rnass.gov/eea/agencies/dfg/dfw/laws-re~ations/cmr/321-cmr-1000-massachusetts-endangered-species-act.html# 10.14; the NOi must still be sent to NHESP if the project is within estimated habitat pmsuant to 310 CMR 10.37 and 10.59.) 2.r Separate MESA review ongoing. a. NHESP 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#: 1882694 City/f own:BARNST ABLE Massachusetts Wetlands Protection Act M. G .L. c. 131, §40 3. r Separate MESA review completed. Include copy ofNHESP "no Take" determination or valid Conse1vation & Management Permit with approved plan. * Some projects not in Estimated Habitat may be located in P1iority 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. rYesWNo lfyes, 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 N01th Shore -Hull to New Hampshire: Division ofMarine Fisheries -N01th Shore Office Attn: Environmental Reviewer 30 Emerson Avenue Gloucester, MA 01930 lfyes, it may require a Chapter 91 license. For coastal towns in the No1theast 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.WYes rNo SANDY NECK BARRIER BEACH SYSTEM b.ACECName If yes, provide name of ACEC (see instmctions to WP A Fonn 3 or DEP Website for ACEC locations). Note: electronic filers click on Website. 4. 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. rYes WNo 5. Is any p01tion 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. rYes WNo 6. Is this project subject to provisions of the MassDEP St01mwater Management Standards? a. r Yes, Attach a copy of the Stormwater Rep01t as required by the Stonnwater 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 St01mwater Management Handbook r Vol.2, Chapter 3) ~ A portion of the site constitutes redevelopment ~. Proprieta1y 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 WP A Form 3 -Notice of Intent Massachusetts Wetlands Protection Act M. G .L. c. 131, §40 Provided by MassDEP: MassDEP File#: eDEP Transaction#: 1882694 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 Critical Areas. D. Additional Information Applicants must include the following with this Notice of Intent (NOI). See instrnctions for details. Online Users: Attach the document transaction number (provided on your receipt page) for any of the following infmmation you submit to the Department by regular mail delive1y. 1. USGS or other map of the area ( along with a nanative description, if necessaiy) containing sufficient info1mation for the P' Conservation Commission and the Depatirnent 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 17 [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area. 3. Identify the method for BVW and other resource ai·ea boundaiy delineations (MassDEP BVW Field Data Form(s). P' Dete1mination of Applicability, Order of Resource Area Delineation, etc.), and attach documentation of the methodology. 4. List the titles and dates for all plans and otl1er materials submitted with this NOI. 17 a. Plan Title: h. Plan Prepared By: c. Plan Signed/Stamped By: c. Revised Final Date: e. Scale: SITE PLAN OF 0 SUNSET LANE BARNSTABLE,MA DANIEL A OJALA, P.E., P.L.S. Febrnary 20, 2025 5. If there is more than one property owner, please attach a list of these property owners not listed on this fmm. P' 6. Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. r 7. Attach proof of mailing for Massachusetts Division of Marine Fisheties, if needed. r 8. Attach NOI Wetland Fee Transmittal Fmm. 17 9. Attach Stmmwater Repmi, if needed. r Page 6 of 7 * ELECTRONIC COPY
~ E,Fees I. Massachusetts Department of Environmental Protection Bureau of Resource Protection• Wetlands WP A Form 3 -Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c, 131, §40 Provided by McwDEP: MassDEP File #: eDBP Transaction H: Cityffown:BARNSTABLE Fee Exempt: No Ollng fee shall be ossomd for projcclJ ofeny cily, lown, county, or dislricl of the Commonwealth, federally recognized Indian lribo ho11$in1 authority, municipal housln1 aulhority, or tho MassachusotlJ Day Transporlalion Aulhorlly. ApPllcanls must submil the followin11 informalio (1~il~ {) pages I ond 2 or:;;;~•µ..711101 Form) lo confirm'" paymcnl: 2, Munl,iJ)II Che<k Number ~ -l. Chcdc d111 1 --~.,....,..~,------aCHk;___, _____ f'\..t./-r-_ ---------------◄, Stale Check Nun1bcr ;.J '[J,l,rme-tle:-: 6. Payer 111me 011 clicck: l'lrat Namt ' 7. P•yer r1tn1t on ohcck: L111 N,mc F. Signatures and Submittal Requirements I hereby certify under lhe penalties of perjury th111ho forogoin1 Notice oflnlenl and accompanying plans, documcnlJ, and supporting d11a are true and complcle to the bc,1 or my knowledae. I undoraland 1h11 tho Conservalion Commission will place notllicatlon or lhis Notice in a local newspaper al the cxpeosc of lhc applicant in accordoncc with tho wetlands rcgul■tioN, 310 CMR 10.0S(Sl(■). l funher certify undor pcnal1ics or perjury th11 all abuuc~ wero notified orthis application, pursuant lo the rcqulrcmenlJ ofM.O.L. c. ll I, f 40. No1ice must be made by Cortificale of Mailing or In writing by hand dolivery or certified mail (return receipt requested) lo all abutten within 100 feet \ of lhe property line oflhe project location. 2. Dnlo For conaerv■tton Comml11lon: Two copies or the complelcd Notice or Intent (Form 3), Including supponlng plans and documents, two copies or the NOi Welland Fee T11nsmiuol Form, and the city/1own fee payment, lo the Conscrvalion Commission by conificd mall or hand delivery. For MilsaDEP1 One copy of the complolcd Notice oflnlonl (foo1m l), Including supporllng plans and dcxumonlS, ono copy of tho NOi Wetland Fco Transmillul foorm, and• copy of lhe slate fee poymcnl to tho MossDEJ> Regional Office (see lnslructio111) by caniliod mail or h1111d delivery, Other: lfth~ applicant ha, cheeked the •yu• boK In Scclion C, llcm1 1-3, 1bovo, refer to thal section and tho Jn.,truction., for additional submiUal requirements. Tho_original and copies mu,1 be 1ent shnulloneously. Failure by tho appliCMt to 11nd copies In I timely m&Mor may resull In dismissel of1he Noucc oflnlcnl. Pago 7 of7 • ELECTRONIC COPY
Massachusetts Department of Environmental Protection Bmeau of Resource Protection -Wetlands Provided by MassDEP: MassDEP File#: WPA Form 3 -Notice of Wetland FeeTransmittal Form -----Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Applicant Information I. Applicant: a. First Name c. Organization d. Mailing Address e. City/Town h. Phone Number 2.Property Owner:(if different) JOSEPHF 30 SUNSET LANE BARNSTABLE a. First Name RICHARD P & BETSY c. Organization d. Mailing Address e. City/Town h. Phone Number 3. Project Location: a. Street Address Are you exempted from Fee? r 65 SUNSET LANE BARNSTABLE 0 SUNSET LANE f. State i.Fax b.LastName MA b. Last Name f.State MA i.Fax b. City/Town Note: Fee will be exempted if you are one of the following: • City/Town/County/District • Municipal Housing Auth01ity • Indian Tribe Housing Authority • MBTA State agencies are only exempt if the fee is less than $100 B. Fees Activity Type J.) ANY OTHER ACTIVITY NOT IN CATEGORY 1,3,4,5 OR 6; Activity Number Activity Fee 500.00 eDEP Transaction#: 1882694 City/Town:BARNST ABLE DUGAS g.Zip Code j.Email 02630 MORSE JR & NEWELL g.ZipCode j.Email BARNSTABLE RF Multiplier 02630 Sub Total 500.00 City/Town share of filling fee State share offiling fee Total Project Fee $262.50 $237.50 $500.00 Page 1 of 1 * ELECTRONIC COPY
MassDEP's Online Filing System GDEP [ Receipt Forms filgnature Summary/Receipt Your submission is complete. Thank you for using DEP's online reporting system. You can select "My eDEP" to see a list of your transactions. DEP Transaction ID: 1882694 Date and Time Submitted: 3/31/2025 5:23:51 PM Other Email : Form Name: WPA Form 3 -NOi Project Location City/Town Name: BARNSTABLE location: 0 SUNSET LANE General Description: PROPOSED STAIRWAY ACCESS TO THE BEACH. Applicant Information Name: JOSEPH F DUGAS Company Address: 30 SUNSET LANE, BARNSTABLE, MA, 02630 Payment Information Your fee for the state share is$: 237.50 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 24-339 ABUTTER MAP 24-339 ABUTTER NOTICE 24-339 Dugas Site Plan 2-20-2025 24-339 NOi Narrative Abutters List Form PA Property owners Site Directions Site Photos USGS Locus Map MassDEP Home I Contact I Privacy Policy Username:DOWNCAPE Nickname: DCE DEP CED PaY,ment Receipt t:,,. print receipt I I Exit MY. eDEP l
NOTICE OF INTENT #0 Sunset Lane, Barnstable Project Narrative The applicant is pleased to submit a Notice of Intent application for the construction of a concrete stairway down to the beach. The site is a 530 s.f. lot is used as an access way to the beach by neighboring property owners. This site is within Barnstable Harbor and borders Millway Beach on the Northwest. Upland of the Coastal Beach is an armored bank, protected with a stone riprap wall. The top of Coastal Bank is located just above this stone wall. The site is affected by Land Subject to Coastal Storm Flowage (VE el 14 and X). The Sandy Neck Barrier Beach System ACEC cuts approximately halfway through the lot near the top of the Costal Bank. The current access over the riprap wall presents a trip hazard especially for young and elderly pedestrians. The proposed stairs are similar to other beach access stairs serving neighboring properties and are low profile built right on the existing revetment. No work will take place within Priority/Estimated Habitat of endangered species. Compliance with the MA Wetlands Protection Act and the Town of Harwich Wetlands Protection Regulations Coastal Bank (310 CMR 10.30) A Coastal Bank exists at the top of the existing rock revetment. The bank is not a sediment source and is to be left undisturbed. The bank's ability to control floodwaters will not be changed by any of the proposed work. Land Subject to Coastal Storm Flowage The property is partially within Floodzone VE el. 14 and X. No fill is proposed and no adverse effect on storm damage prevention and flood control are expected. Barnstable Wetlands Protection Bylaw {Chapter 237 compliance) 1. Effects on Erosion Control: No erosion impacts are expected. Construction disturbance will include only very minor excavation to be done by hand. 2. Effects on wildlife: None. The work is occurring within area that is currently utilized. No disruptions to wildlife are expected. 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: none. The work occurs mainly within currently disturbed and utilized area. Construction of the stairway is expected to be done by hand. Any staging areas will be located outside the 50' buffer to the Coastal Bank and within the existing driveway area.
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.
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D Abutters
D 100 ft. Buffer
CJ Parcels
•• Town Boundary
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Buildings
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Parking Lots
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purposes only. It is not adequate
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map does not represent an
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current conditions, and may
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1 inch = approx. 80 ft
Printed on: 3/26/2025
Conservation Notice of Intent (NOi) Abutter List for Subject Parcel
Property owners within 100 feet of the perimeter of the subject parcel upon which work is proposed.
Parcel ID Owner1 Owner2 Address Line 1 Address Line 2 City State Zip
301010 BARNSTABLE, TOWN OF (BCH) 367 MAIN STREET HYANNIS MA 02601
301022 MORSE, RICHARD P & NEWELL, POBOX117 BARNSTABLE MA 02630
BETSY
301023 MORSE, RICHARD P JR & NEWELL, MORSE FAMILY TRUST PO BOX117 BARNSTABLE MA 02630
BETSY TRS ET AL
301024 HAMEL, JEFFREY F & DANIELLE S HAMEL FAMILY 2018 REVOCABLE 1683 DALEHURST LOS ALTOS CA 64024
TRS TRUST AVENUE
301025 KIRBY, NEIL & KATHLEEN 77 SUNSET LANE BARNSTABLE MA 02630
Page1ofl Total Number of Abutters: 5 Report Generated On: 3/26/2025 1:13 PM
This list by itself does NOT constitute a "Certified List of Abutters" and is provided only as an aid to the determination of abutters. If a Certified Abutter List is required, you must contact the Assessing Division to
have this list certified.
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 INTENT application has been filed with the Barnstable Conservation Commission. APPLICANT: JOSEPH F DUGAS PROJECT ADDRESS OR LOCATION: 0 SUNSET LANE BARNSTABLE ASSESSOR'S MAP & PARCEL: MAP~ PARCEL~ PROJECT DESCRIPTION: proposed stairway access to the beach APPLICANT'S AGENT: DOWN CAPE ENGINEERING, INC 939 ROUTE 6A YARMOUTH PORT, MA 02675 PUBLIC HEARING: WILL BE HELD REMOTELY VIA ZOOM See agenda posting on Town Clerks website available at least 48 hours in advance of the meeting for details. DATE: 04 /15 /2025 TIME: 3:00 P.M. NOTE: Plans and applications describing the proposed activity are on file with the Conservation Commission at https://itlaserfiche.town.bamstable.ma.us/WebLink/Browse.aspx?id=825530&dbid=0&repo=TownOffiams 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/ Office: 508-862-4093 E-mail: conservation@town.barnstable.ma,u~ Permission to Accoi P,ropertv , r /-,'../4-/f76:L ~r-?E ,Y /..//1fit EL £J l'f /1/ J: .#C C-G--_ /,. Property owner's name(s): l.rc¥Sf-R q r,(US~ / f;,.tz1"c-.:ry cu~ w~ ..... Applicant's (Representative's) Name(s) DANIEL A OJALA PE, PLS, DOWN CAPE ENGINEERING INC Project street address 0 SUNSET LANE, BARNSTABLE Barnstable Assessor's Map & Parcel: Map_,3-0 .... 1 __ Parcel 23 , ___ _ Applicant's Contact Phone Number: _5::;..;0:;..:8,_-7"-7'-6=--..a1.;::.9;;;:.2~0 ________ _ 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 wlll 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) or 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. Representative's signature Date signed Adoplcd Murch IS, 2022, clfeclive April 18, 2022. --·~-~ ~--.~~----~---~~~11111111!111!1!..■..---------------~
230 South St, Hyannis, MA 02601 to O Sunset Ln, Barnstable, MA 02630 230 South St Hyannis, MA 02601 t 1. Head east toward South St 16 sec (230 ft) Take Barnstable Rd, lyannough Rd and Independence Dr to Kidd's Hill Rd 8 min (2.6 mi) +, 2. Turn left onto South St 0.1 mi +, 3. Turn left onto Old Colony Rd 0.2 mi ~ 4. Use the middle lane to turn slightly left onto Center St 0.3 mi ~ 5. Turn right onto Barnstable Rd 0.6 mi C,-6. At Airport Rotary, take the 2nd exit onto lyannough Rd 0.8mi ~ 7. Turn right onto Independence Dr +, 8. Turn left onto Kidd's Hill Rd Take Hyannis-Barnstable Rd to Millway ~ 9. Turn right onto Phinneys Ln 0.6mi 2 min (0.8 mi) 2 min (1.0 mi) 0.5mi 1' 10. Continue onto Hyannis-Barnstable Rd 0.5mi Continue on Millway. Drive to Sunset Ln 2 min (0.7 mi) 1' 11. Continue onto Millway 0.5 mi ~ 12. Turn right onto Commerce Rd 233 ft +, 13. Turn left onto Sunset Ln 0 Destination will be on the left 0.1mi Drive 5.1 miles, 15 min
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0 Sunset Lane, Barnstable Notice of Intent eDEP Transaction #1882694 Property owners: Morse Family Trust Richard P. Morse, Jr. and Betsy Newell, TRS PO Box 117 Barnstable, MA 02630 Jeffrey F & Danielle S Hamel, TRS Hamel Family 2018 Revocable Trust 1683 Dalehurst Avenue Los Altos, CA 64024