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Home My WebLink AboutAmended Order Request_169 Salt Point Rd_Barnsatble_04-22-2025 April 22, 2025 Edwin Hoopes, Conservation Administrator Barnstable Conservation Commission 59 Town Hall Square Barnstable, MA 02540 RE: Request for Amended Order of Conditions 169 Salten Point Road, Barnstable, MA 02540 DEP SE 3-6141 Dear Ms. Lincoln: On behalf of the applicant and owner, Brian and Nicole Connolly, Cape & Island Engineering requests to amend the existing Order of Conditions (DEP SE 3-6141), issued November 30, 2025 and recorded at the Barnstable Registry of Deeds under Book 36130 and Page 76. The permit approves land management work including invasive species removal and selective trimming. The applicant requests to amend the plan to include a lawn reconfiguration. Approximately 815 square feet (sf) of former mitigation is proposed to be removed and 1,703 sf of additional mitigation/landscaping will be installed for a net increase of 221 sf of native mitigation plantings, largely located within the 0-50 foot Buffer Zone to Salt Marsh. The project also consists of a small geometrical reconfiguration of the gravel driveway. A small portion (48 sf) of increase in gravel is proposed in the 50-100’ buffer. Excess planting is proposed in the 0-50’ buffer to offset this driveway area. Site Description The project site is located at 169 Salten Point Road in Barnstable, MA, a private, residentially developed parcel of land measuring approximately 1.93 acres. The lot is occupied by a single-family house with attached garage, decks, pavers, gravel driveway, areas of maintained lawn and landscaping. The property overlooks Barnstable Harbor, and a salt marsh system exists beyond the maintained lawn to the east. Elevations on the property range between 4 and 12 feet NAVD The proposed work falls within FEMA Flood Zone AE (EL. 14), as defined by the Federal Emergency Management Agency (FEMA) Firm Community Panel #25001C0558J, effective July 16, 2014. The limit of work falls within the Sandy Neck Barrier Beach Area of Critical Environmental Concern, and does not fall within mapped Outstanding Resource Water, or within NHESP mapped rare species habitat. Waiver Exemption The following project may be exempt from waiver requirements associated with work within the 0-50-foot Buffer Zone, per Chapter 704-6 of the Town of Barnstable Conservation Commission Regulations. The work includes restoring a 319 sf path/vista corridor along the edge of the Salt Marsh while creating a 73 sf narrow access path. The additional lawn and vegetation maintenance results in a 221 sf increase of mitigation within the 0-50-foot Buffer Zone. 169 Salten Point Road, Barnstable – SE 3-6141 Page 2 Methodology The activities proposed with this amendment will be similar in scope and methodology to the approved project. Areas of prior mitigation will be removed by hand and new mitigation plantings will be installed by an approved licensed contractor. All work will be performed within the Buffer Zone and contained within the confines of the property limits. Upon completion, any temporarily disturbed areas will be returned to pre- existing conditions. Resource Areas and Buffer Zones The amendment requests to revise the layout of the existing lawn within the 0-100 foot Buffer Zone to Salt Marsh. The resources areas were delineated, marked and located by an on the ground instrument survey and resource area boundaries are shown on the project plan. The proposed changes to the project layout result in a net increase in mitigated areas consisting of native plantings within the 0-50-foot and 50-100-foot Buffer Zones. The mitigation areas will be located along the edge of the Salt Marsh and will enhance wildlife habitat value and benefit the native plant community within this coastal environment. The following net impacts are summarized in the table below: Buffer Zone Removed Mitigation (sf) Added Mitigation (sf) 0-50 815 1036 50-100 0 667 Land Subject to Coastal Storm Flowage (LSCSF) The entire property is located within LSCSF and the property changes falls within the Flood Zone AE (EL. 14). No performance standards for LSCSF are set forth within the MA WPA or Barnstable local regulations. The increase in mitigation plantings will provide a more significant vegetated buffer that will increase storm damage prevention and flood control. The proposed project will not increase any runoff and will not result in a measurable impact or threat to the subject resource area values. Conclusion Based on the information provided in this application it is asserted that the following project features would not induce cumulative impairment of the subject resource area(s) values and functional characteristics. The project has been designed so that all proposed work will provide for a long-term benefit to the subject resource areas and improve the conditions from what currently exist, and no significant or cumulative effect upon the resource area values are anticipated. We respectfully request to amend the existing order of conditions to reference the enclosed revised site plan. 169 Salten Point Road, Barnstable – SE 3-6141 Page 3 If you have any questions, please feel free to contact us. Sincerely, Mark Dibb, P.E. Project Engineering Encl: Revised plans Filing fee Cc: DEP 169 Salten Point Road, Barnstable – SE 3-6141 Page 4 Site Photographs Photos taken 1/10/2025 169 Salten Point Road, Barnstable – SE 3-6141 Page 5 Resource Area & Aerial Maps 169 Salten Point Road, Barnstable – SE 3-6141 Page 6 169 Salten Point Road, Barnstable – SE 3-6141 Page 7 USGS Topographic Map 169 Salten Point Road, Barnstable – SE 3-6141 Page 8 AMENDED ORDER OF CONDITIONS PAGES Revised 9,736 169 Salten Point Road, Barnstable – SE 3-6141 Page 9 AFFIDAVIT OF SERVICE Under the Massachusetts Wetlands Protection Act (To be submitted to the Massachusetts Department of Environmental Protection and the Conservation Commission when filing an Amended Order of Conditions Request) I, Kasia Kos, Cape & Islands Engineering, INC. hereby certify under the pains and penalties of perjury (Name of person making the Affidavit) that on, April 25, 2025 gave notification to abutters in compliance with the second (Date) Paragraph of Massachusetts General Laws Chapter 131, Section 40, and the DEP Guide to Abutter Notification, Dated April 8, 1994, in connection with the following matter: An Amended Order of Conditions Request has been filed under the Massachusetts Wetland Protection Act by: Brian & Nicole Connolly with the Barnstable (Name of Applicant) (Name of Municipality) Conservation Commission April 22, 2025 for the property located at on (Date) 169 Salten Point Road (Address of land where work is proposed) The form of the notification and a list of the abutters to whom it was given, and their addresses are attached to this Affidavit of Service. Kasia Kos, Cape & Islands Engineering, INC. April 25, 2025 (Name) (Date) Notification to Abutters By Hand Delivery, Certified Mail (return receipt requested), or Certificates of Mailing This is a notification required by law. You are receiving this notification because you have been identified as the owner of land abutting another parcel of land for which certain activities are proposed. Those activities require a permit under the Massachusetts Wetlands Protection Act (M.G.L. c. 131, § 40) and the Barnstable Wetlands Protection Bylaw. In accordance with the second paragraph of the Massachusetts Wetlands Protection Act, and 310 CMR 10.05(4)(a) of the Wetlands Regulations you are hereby notified that: A.A Request for an Amended Order of Conditions was filed with the Barnstable Conservation Commission on April 22, 2025 seeking permission to remove, fill, dredge, or alter an area subject to protection under M.G.L. c. 131 §40 and the Barnstable Wetlands Bylaw. The following is a description of the proposed activity/activities: B.The name of the applicant is: Brian Connolly C.The address of the land where the activity is proposed is: 169 Salten Point Road (Property ID: 301- 003). D.Copies of the Request may be examined or obtained at the office of the Barnstable Conservation Commission, located at 230 South Street, Hyannis, MA 02601. The regular business hours of the Commission are Monday-Friday between the hours of 8:00 a.m. to 4:30 p.m., and the Commission may be reached at (508) 862-4093. E.Copies of the Request may be obtained from the applicant’s representative by calling Cape & Islands Engineering, at 508-477-7272. An administrative fee may be applied for providing copies of the Request and plans. F.The hearing is scheduled for May 13, 2025 at 6:30 PM, located at 230 South Street in Hyannis. Information regarding the date, time, and location of the public hearing regarding the Request for an Amended Order of Conditions may be obtained from the Barnstable Conservation Commission. Notice of the public hearing will be published at least five business days in advance, in the Barnstable Patriot. 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. The applicant proposes to add a lawn reconfiguration and mitigation to the approval under Order of Conditions SE 3-6141. The proposal also includes a minor geometric reconfiguration of the existing gravel driveway. Work will take place within Land Subject to Coastal Storm Flowage and within 100 feet to coastal resources. 169 Salten Point Road, Barnstable – SE 3-6141 Page 11 Certified Abutters List 169 Salten Point Road, Barnstable – SE 3-6141 Page 12 169 Salten Point Road, Barnstable – SE 3-6141 Page 13 Project Plans (attached separately)