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HomeMy WebLinkAbout2025.07.25-NOI APPLICATION-LIPPART-51 HAWES AVE HYANNIS-MAP323 LOT005 Date: July 25, 2025 Town of Barnstable Conservation Commission 230 South Street Hyannis, MA 02601 RE: Notice of Intent House Renovation 51 Hawes Avenue, Hyannis, MA (Map 323, Lot 005) ADE Project #3360.00 Dear Commission Members: Enclosed, please find documents relative to the above-listed Notice of Intent for house renovation at 51 Hawes Avenue in Hyannis (Barnstable) on behalf of the applicant Conserv Group, Inc. and property owners Jack and Dale Lippart. We have provided copies of the following items for the Conservation Commission: 1. Nine (9) full size originals of Site Plans for Proposed House Renovation at 51 Hawes Avenue, Hyannis prepared by Atlantic Design Engineers, Inc – dated 07/25/2025; 2. Nine (9) copies of the Notice of Intent Application and all Associated Documents – dated 07/25/2025; 3. The following checks: • $262.50 Town of Barnstable portion of NOI Filing Fee • $300.00 Town of Barnstable Chapter 237 Filing Fee If you have any questions or require further information, please don’t hesitate to contact me at (508) 888-9282. Sincerely, ATLANTIC DESIGN ENGINEERS, INC. Richard J. Tabaczynski, P.E. Vice President Notice of Intent Application For: House Renovation 51 Hawes Avenue Hyannis, Massachusetts 02601 Applicant: Conserv Group, Inc. 110 State Road, Suite 7 Sagamore Beach, MA 02562 Prepared by: Atlantic Design Engineers, Inc. P.O. Box 1051 Sandwich, Massachusetts 02563 Date: July 25, 2025 Atlantic Project No. 3360.00 Notice of Intent Application House Renovation 51 Hawes Avenue – Hyannis, MA Date: July 25, 2025 TABLE OF CONTENTS PROJECT NARRATIVE I. SITE DESCRIPTION II. PROJECT DESCRIPTION APPENDICES A. Application Forms • Chapter 707 Form – Regulation Governing Minimum Submission/Requirements for a Notice of Intent Application Checklist • WPA Form 3 – Notice of Intent • Notice of Intent Wetland Fee Transmittal Form B. Abutter Notification • List of Abutters Within a 100-foot Radius of Project Parcel • Abutter Notification Letter • Postmarked Certified Mail Receipts and Green Return Cards (To be Provided Under Separate Cover Once Property Access Form is Submitted.) • Affidavit of Service C. Miscellaneous Figures (Aerial Locus, USGS, Assessor’s Map & NHESP) D. Directions to the Locus E. Photographs of Project Area F. Stamped Plans (Under Separate Cover) G. Signed Form PA – Permission to Access Property H. Wetland Border Report – Goddard Consulting dated December 1, 2023 Notice of Intent Application House Renovation 51 Hawes Avenue - Hyannis, MA Date: July 25, 2025 Page 1 PROJECT NARRATIVE I. SITE DESCRIPTION The proposed project locus is a ±0.15-acre lot addressed as 51 Hawes Ave in Hyannis Massachusetts (“Site”). The Site currently is fully developed and contains a single family residential dwelling with a wood deck, associated seashell driveway/walkway, landscaped areas, and lawn. Based upon a review of the FEMA FIRM map number 25001C0568J, the Site is located entirely within FEMA Flood Zone Velocity Zone (VE) with a base flood elevation of 14. The Site lies within the Residence B (RB) Zoning District and within the Aquifer Protection (AP) overlay district based upon review of the Barnstable zoning map. The Site is not located within an Estimated Habitat of Rare Wildlife or Priority Habitat of Rare Species, as mapped by the Natural Heritage and Endangered Species Program (NHESP). The Site is not located within any Area of Critical Environmental Concern (ACEC). A coastal bank is located approximately 100’ south of the property. Additionally, a coastal dune is located approximately 25’ south of the property. The coastal dune was delineated by Environmental Consulting and Restoration, LLC (ECR) in November of 2023, and subsequently surveyed by Atlantic Design Engineers, Inc in November of 2023. The topography around the area of the proposed work shows that the land is flat, with a consistent elevation ranging from 6.9 to 7.5. II. PROPOSED DESCRIPTION The proposed project will renovate the existing 3-bedroom, one-story single family residential dwelling to a proposed 5-bedroom, two ½-story single family residential dwelling elevated on piles with a garage beneath. The project will also consist of landscape improvements and extending the existing seashell driveway to the proposed garage. The renovated dwelling will be located within Land Subject to Coastal Storm Flowage designated as FEMA VE with a B.F.E. of 14. As mentioned, the dwelling will be elevated on piers and will have a finished floor elevation (F.F.E.) set at 17. Approximately 1,545 SF of the dwelling and an estimated 2,782 SF of total disturbance will be inside of the 100’ coastal dune buffer. No work will be within the coastal bank buffer. All work will be completed within previously disturbed areas (e.g. lawn, landscaped areas, existing building/deck footprint, and seashell driveway) and the structure will be no closer to the coastal dune than existing. No additional clearing or earth disturbance (grading) is proposed. Notice of Intent Application House Renovation 51 Hawes Avenue - Hyannis, MA Date: July 25, 2025 Page 2 Erosion control measures will be placed surrounding the area of work limits. Staging of construction materials will be within the proposed erosion control measures shown on the plans. APPENDIX A Application Forms • Chapter 707 Form • WPA Form 3 • Notice of Intent Wetland Fee Transmittal Form Chap 707/rev. March 2022 Page 1 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 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: 1)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) 3)Chapter 704: Regulation Governing Activity in the 100-ft. Buffer Zone. 4)Chapter 703: Private Docks and Piers. 5)Any other applicable regulations (310 CMR 10.00 or as promulgated under Chapter 237 of the General Ordinances). c.Enclose proper payment to cover the fee for Chapter 237 filings. Consult current Fee Schedule at www.townofbarnstable.us/Conservation d.Please indicate who is to record the Order of Conditions (check one): Applicant Agent 2.Abutter Notification (See Abutter Notification Regulation, Chapter 706) Town of Barnstable Conservation Commission 230 South Street Hyannis Massachusetts 02601 Office: 508-862-4093 E-mail: conservation@town.barnstable.ma.us X X X X X X X XX x Chap 707/rev. March 2022 Page 3 c.Provide a signed Permission to Access Property, Form PA. The form must be signed by the property Owner, or legal representative and submitted prior to NOI being docketed and application advertised. Form PA is available at www.townofbarnstable.us/Conservation/. Do not send the abutter letter out until the form is submitted to the Conservation Division office. d.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 species list (chosen from the Town of Barnstable Conservation Commission approved planting lists), sizes, densities and/or quantities. The plan shall also provide area calculations between 0 to 50 and 50 to 100 separately for the amount of mitigation planting required, and the amount of mitigation planting proposed. e.Provide detailed, written street directions to the locus (site). f.Provide a copy of a U.S.G.S. locus map indicating the general area of the project site. g.Provide a check for the Town of Barnstable portion of the required filing fee. (The portion payable to the Commonwealth, see 7. e. below) h.Provide any other documentation, photographs, architectural 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: a.All existing and proposed contours at 2-ft. minimum intervals (1-ft. preferred). b.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. c.Locus inset map of the site clearly showing its location relative to surrounding public streets. d.All wetland resource area flags 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. e.Section views showing changes in grade, cuts and fills. 7.SUBMISSION OF THE COMPLETED APPLICATION WITH PLANS: a.Provide a signed Permission to Access Property, Form PA. The form must be signed by the property Owner, or legal representative and submitted prior to NOI being docketed and application advertised. Form PA is available at www.townofbarnstable.us/Conservation/. Do not send the abutter letter out until the form is submitted to the Conservation Division office. b.Email NOI application and all associated materials in PDF format to Kimberly.Cavanaugh@town.barnstable.ma.us AND Darcy.Karle@town.barnstable.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; X n/a X X X X X X X X n/a X X X wpaform3.doc • rev. 12/4/2023 Page 1 of 9 4 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 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): 51 Hawes Avenue a. Street Address Barnstable b. City/Town 02601 c. Zip Code Latitude and Longitude: 41.6357 d. Latitude -70.28276 e. Longitude 323 f. Assessors Map/Plat Number 5 g. Parcel /Lot Number 2. Applicant: Roy a. First Name Catignani b. Last Name Conserv Group, Inc. c. Organization 110 State Road, Suite 7 d. Street Address Sagamore Beach e. City/Town MA f. State 02562 g. Zip Code 508-888-6555 h. Phone Number i. Fax Number rcatignani@conservgroup.com j. Email Address 3. Property owner (required if different from applicant): Check if more than one owner Jack a. First Name Lippart b. Last Name c. Organization 554 13th Avenue d. Street Address Prospect Park e. City/Town PA f. State 19076 g. Zip Code h. Phone Number i. Fax Number jlippart@wheatexec.com j. Email address 4. Representative (if any): Rich a. First Name Tabacynski b. Last Name Atlantic Design Engineers, Inc. c. Company 39 Pleasant Street d. Street Address Bourne e. City/Town MA f. State 02532 g. Zip Code 508-888-9282 h. Phone Number i. Fax Number rtab@atlanticcompanies.com j. Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $500 a. Total Fee Paid $237.50 b. State Fee Paid $262.50 c. City/Town Fee Paid wpaform3.doc • rev. 12/4/2023 Page 2 of 9 4 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 Number Document Transaction Number Barnstable City/Town A. General Information (continued) 6. General Project Description: Applicant intends to renovate the existing 3-bedroom, one-story single family residential dwelling with deck to a proposed 5-bedroom, two ½-story single family residential dwelling with balcony all elevated on piles. The proposed work will also include extending the existing seashell driveway to the proposed dwelling as well as landscape improvements. 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 b. Certificate # (if registered land) 28063 c. Book 131 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 4 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 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 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: square feet 4. Proposed alteration of the Riverfront Area: a. total square feet b. square feet within 100 ft. 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 4 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 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 ±6,500 SF (Existing and Proposed) 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 4 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 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 Phone: (508) 389-6360 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 4 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 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 4 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 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 4 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 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. Site Plans for Proposed House Renovation at 51 Hawes Avenue a. Plan Title Atlantic Design Engineers, Inc. b. Prepared By Richard J. Tabaczynski c. Signed and Stamped by July 25, 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: 3640 2. Municipal Check Number 08/12/2024 3. Check date 3639 4. State Check Number 08/12/2024 5. Check date Dale 6. Payor name on check: First Name Lippart 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: 51 Hawes Ave a. Street Address Hyannis b. City/Town c. Check number d. Fee amount 2. Applicant Mailing Address: Roy a. First Name Catignani b. Last Name Conserv Group, Inc. c. Organization 110 State Road, Suite 7 d. Mailing Address Sagamore Beach e. City/Town MA f. State 02562 g. Zip Code 508-888-6555 h. Phone Number i. Fax Number rcatignani@conservgroup.com j. Email Address 3. Property Owner (if different): Jack a. First Name Lippart b. Last Name c. Organization 554 13th Avenue d. Mailing Address Prospect Park e. City/Town PA f. State 19076 g. Zip Code h. Phone Number i. Fax Number jlippart@wheatexec.com 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 Renovation of a Single Family House (Category 2) (1) $500 $500 Step 5/Total Project Fee: $500 Step 6/Fee Payments: Total Project Fee: $500 a. Total Fee from Step 5 State share of filing Fee: $237.50 b. 1/2 Total Fee less $12.50 City/Town share of filling Fee: $262.50 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.) APPENDIX B Abutter Notification • List of Abutters • Abutter Notification Letter • Certified Mail Receipts/Green Cards (Under Separate Cover) • Affidavit of Service Conservation Notice of Intent (NOI) Abutter List for Subject Parcel 323005 Property owners within 100 feet of the perimeter of the subject parcel upon which work is proposed. Parcel ID Owner 1 Owner 2 Address Line 1 Address Line 2 City State Zip 323003 31 HAWES AVENUE LLC C/O JOAN SMITH, MANAGER 170 LOCUST LA IRVINGTON 10533NY 323004 LIPPART, JACK D & DALE 554 13TH AVE PROSPECT PARK 19076PA 323005 LIPPART, JACK D & DALE 64 ELFRETHS COURT NEWTOWN 18940PA 323006 COVENEY, NANCY C 57 HAWES AVENUE HYANNIS 02601MA 323007 DELMIC, MIODRAG & DAJANA 8 KROL FARM ROAD ROCKY HILL 06067CT 324073 BOSCHETTI, DEBRA M TR 32 HAWES AVENUE REALTY TRUST 401 WEST FIRST ST UNIT 401 BOSTON 02127MA 324076 LOCHRIE, ANNETTE & JOHN BLAKE 57 WINDSOR AVENUE ACTON 01720MA 324077 MAHONEY, JAMES E & CARLYN E TRS JE & CE MAHONEY REVOCABLE TRUST 13 EASTBROOK DRIVE NASHUA 03060NH 324102 KVARTUNAS, JOHN & DEIDRE 7011 HUNDSFORD LANE SPRINGFIELD 22153VA 6/27/2025 10:05 AMReport Generated On:Page 1 of 1 9Total Number of Abutters: 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. 1,200.00 Conservation Notice of Intent (NOI) Abutter Map for Subject Parcel 323005 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. Legend Property owners within 100 feet of the perimeter of the subject parcel upon which work is proposed. 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. 50 Town of Barnstable GIS Unit 100 6/27/2025 gis@town.barnstable.ma.us Printed on: 0 ft.100 Subject Parcel Abutters 100 ft. Buffer ft. 1 inch = approx. 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 NOTICE OF INTENT ABUTTER NOTIFICATION LETTER DATE: 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: Conserv Group, Inc. PROJECT ADDRESS OR LOCATION: 51 Hawes Avenue ASSESSOR’S MAP & PARCEL: MAP PARCEL PROJECT DESCRIPTION: ________________________________________________________ APPLICANT’S AGENT: 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: / / TIME: P.M. NOTE: Plans and applications describing the proposed activity are on file with the Conservation Commission at https://itlaserfiche.town.barnstable.ma.us/WebLink/Browse.aspx?id=825530&dbid=0&repo=TownOfBarns table, by email to Kimberly.Cavanaugh@town.barnstable.ma.us or by calling (508-862-4093) 323 005 Renovation of existing 3-bedroom, one-story single family dwelling to proposed 5-bedroom, two ½-story single family dwelling. Richard Tabaczynski, P.E. Atlantic Design Engineers, Inc. (508) 888-9282 08 12 25 3:00 07/25/2025 Rev. 8/22/19 Affidavit of Service Town of Barnstable Conservation Commission AFFIDAVIT OF SERVICE Under the Massachusetts Wetlands Protection Act (To be submitted to the Massachusetts Department of Environmental Protection and the Barnstable Conservation Commission when filing a Notice of Intent) I,__Richard Tabaczynski, PE______ hereby certify under the pains and penalties of perjury that on or around (to be determined once PA Form is approved), I gave Notification to Abutters in compliance with second paragraph of Massachusetts General Laws Chapter 131, Section 40 in connection with the following matter: A Notice of Intent filed under the Massachusetts Wetlands Protection Act by __Atlantic Design Engineers, Inc.___with the Barnstable Conservation Commission on July 25, 2025 for property located on __51 Hawes Avenue, Hyannis (Barnstable) MA The Notification to Abutters form and list of the abutters to whom it was given and their addresses are included in this Notice of Intent application package. __________________________ July 25, 2025 Signature Date APPENDIX C Miscellaneous Figures (Aerial Locus, USGS, Assessor’s Map & NHESP) LOCUS MAP 323, LOT 5 LOCUS LOCUS APPENDIX D Directions to the Locus Map data ©2024 Google 1000 ft 367 Main St Hyannis, MA 02601 1.Head east toward Ocean St 2.Turn right onto Ocean St 3.Ocean St turns right and becomes Hawes Ave 4.Turn left at Whidden Ave Destination will be on the right 51 Hawes Ave Hyannis, MA 02601 187 ft 1.2 mi 456 ft 144 ft Drive 1.4 miles, 5 min367 Main St, Hyannis, MA 02601 to 51 Hawes Ave, Hyannis, MA 02601 7/22/24, 10:30 AM 367 Main St, Hyannis, MA 02601 to 51 Hawes Ave, Hyannis, MA 02601 - Google Maps https://www.google.com/maps/dir/367+Main+St,+Hyannis,+MA+02601/51+Hawes+Ave,+Hyannis,+MA+02601/@41.6440992,-70.2914727,15z/am=t/d…1/1 APPENDIX E Photographs of Project Area Notice of Intent Application House Renovation 51 Hawes Avenue - Hyannis, MA Date: July 25, 2025 Page 1 Notice of Intent Application House Renovation 51 Hawes Avenue - Hyannis, MA Date: July 25, 2025 Page 2 APPENDIX F Stamped Plans (Under Separate Cover) APPENDIX G Form PA – Permission to Access Property APPENDIX H Wetland Border Report – Goddard Consulting dated 12/01/23 P.O. Box 4012, Plymouth, Massachusetts 02361 617-529-3792 | www.ecrwetlands.com WETLAND DELINEATION MEMO TO: Atlantic Design FROM: Brad Holmes DATE: December 1, 2023 RE: 51 Hawes Avenue, Hyannis Per your request, Environmental Consulting & Restoration, LLC (ECR) performed a review of the existing conditions at the property located at 51 Hawes Avenue in Hyannis (the site) on November 10, 2023. The purpose of the review was to identify wetland resource areas on and near the site. The site is located to the south of Hawes Avenue and consists of a single-family home with a crushed-shell driveway, deck to the rear, maintained lawn, landscaped area, etc. The weather on November 10th was mostly sunny and cool (approximately 50 degrees) with light wind and dry site conditions. Wetland resource areas are located on and near the site. The site is separated from Hyannis Harbor to the south and its associated coastal wetland resource areas by one small residential lot. ECR placed Coastal Dune (CD) flags (pink/black striped) #CD1 to #CD6 along the landward limit of the Dune located to the south of the site. The Dune extends from the existing seawall at the shore of Hyannis Harbor to the rear of 51-A Hawes Avenue and up to the existing shell driveway used to access 51 & 51-A Hawes Avenue. The Coastal Dune was delineated in accordance with the definition established by the Massachusetts Department of Environmental Protection (DEP) regulations found at 310 CMR 10.28 pertaining to Coastal Dunes. The delineation was performed by analyzing vegetation, the deposited sediment and the overall shape of the landform (hill, mound, ridge, etc.). The Coastal Dune consists of sediment that has been historically deposited by wind and/or over-wash and is stabilized primarily by American Beachgrass. The Dune crests up to a slight mound and then back down to the grade of the glacial landform at the landward limit of the Dune. The Coastal Dune is stable at this time with no sign of significant accretion or erosion, likely due to the presence of the seawall at the shore of Hyannis Harbor. As a result of ECR’s wetland delineation at the site, ECR is able to confirm that the site contains and/or is near the following wetland resource areas and areas of Conservation Commission jurisdiction: • Coastal Dune • 100-foot Buffer Zone to Coastal Dune • Land Subject to Coastal Storm Flowage (FEMA flood zone VE) Also, a review of the MassMapper database reveals the following: 1. The site is not located within Estimated/Priority Habitat for Rare Species according to the Massachusetts Natural Heritage & Endangered Species Program (MaNHESP). 2. The site does not contain Certified Vernal Pools according to the MaNHESP. 3. The site does not contain a U.S.G.S. mapped stream. 4. The site does contain Land Subject to Flooding (FEMA flood zone VE) 5. The site is not located within an Area of Critical Environmental Concern. Upon review of this wetland delineation memo, please contact me at (617) 529 – 3792 or brad@ecrwetlands.com with any questions or requests for additional information. Thank you, Brad Holmes, Professional Wetland Scientist #1464 Manager