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Home My WebLink About92325_SCHWARTZ pool NOI_162 Starboard Ln_166106Marsh Matters Environmental P.O. Box 554 Forestdale, MA 02644 978.434.1228 Mike.Ball@MarshMattersEnvironmental.com ______________________________________________________________________________________ MME www.marshmattersenv.com Torbay Project – 162 Starboard Lane, Osterville September 23, 2025 Mr. F. P. Thomas Lee, Chairman Barnstable Conservation Commission c/o Edwin Hoopes, Administrator Town of Barnstable Regulatory Division / Conservation 230 South Street Hyannis , MA 02601 RE: NOI / WPA Form 3 – Proposed Pool Project 162 Starboard Lane, Osterville (Map 166 / Parcel 106) Applicant: Corey Schwartz Owner: Ingram Dear Chairman Lee and Barnstable Conservation Commissioners, On behalf the applicant, Corey Schwartz, Marsh Matters Environmental (MME) submits the enclosed Notice of Intent (NOI)(WPA Form 3) with project site plan, mitigation planting plan, project narrative, existing conditions photographs, and all required administrative documents proposing an in-ground pool at 162 Starboard Lane in Osterville (the Site). A detailed project narrative by MME and a supplemental mitigation planting plan narrative by Crawford Land Management (CLM) are enclosed for your review. MME submits this NOI pursuant to the Massachusetts Wetlands Protection Act (“MWPA”)(M.G.L. Ch. 131 §40), the Massachusetts Rivers Protection Act (Chap. 258 of the Acts of 1996), and the Town of Barnstable Wetlands Protection Bylaw (Ch. 237), and in accordance with the implementing MWPA Regulations (310 CMR 10.00) and the town’s Regulation Governing Minimum Submission Requirements for a Notice of Intent Application. On behalf of the applicant, in accordance with Chapter 704-4, MME is seeking issuance of a waiver from your requirements specific to projects in the 50-ft buffer zone, as the proposed project is located within lawn area that is within fifty horizontal feet of the top of a Chapter 705 Coastal Bank. MME attests that it will notify property abutters of this application and of the October 7, 2025, public hearing in accordance with state and local requirements. The town portion of the $165 filing fee and the $200 local wetland bylaw fee are enclosed, and the legal advertisement fee (amount TBD) will be paid on or by the date of the hearing. Directions to the Site are provided on the reverse of this letter and property access by Commission members is authorized. Please do not hesitate to contact MME by email at Mike.Ball@MarshMattersEnvironmental.com, or by phone at 978.434.1228 (mobile/office), or should you require any additional information from MME, or should you like to meet at the project site in advance of the public hearing. Sincerely, D. Michael Ball, Sr. Wetland Scientist / Regulatory Compliance Consultant Marsh Matters Environmental Enclosures CC: MassDEP SERO Corey Schwartz Marsh Matter Environmental NOI 9.23.2025 MME www.marshmattersenv.com Mike.Ball@MarshMattersEnvironmental.com DIRECTIONS TO SITE: FROM THE INTERSECTION OF WEST MAIN STREET AND PINE STREET IN HYANNIS, HEAD SOUTHWEST ON PINE STREET AND MERGE ONTO SOUTH MAIN STREET TOWARDS OSTERVILLE. CROSS OVER THE BUMPS RIVER BRIDGE AND TAKE SECOND RIGHT ONTO STARBOARD LANE. 162 STARBOARD LINE IS APPROXIMATELY ONE-HALF MILE UP ROAD ON RIGHT SIDE. 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): 162 STARBOARD LANE a. Street Address BARNSTABLE b. City/Town 02655 c. Zip Code Latitude and Longitude: 41.637935 d. Latitude -70.363205 e. Longitude 166 f. Assessors Map/Plat Number 106 g. Parcel /Lot Number 2. Applicant: COREY a. First Name SCHWARTZ b. Last Name c. Organization 32 GARRISON STREET - APT. 50209 d. Street Address BOSTON e. City/Town MA f. State 02116 g. Zip Code h. Phone Number i. Fax Number COREYSCHWARTZ22@GMAIL.COM j. Email Address 3. Property owner (required if different from applicant): Check if more than one owner JAMES ANDREW a. First Name INGRAM b. Last Name ESTATE OF ELLEN HUMPHREYS INGRAM c. Organization 412 COTTON VALLEY ROAD d. Street Address WOLFEBORO e. City/Town NH f. State 03894 g. Zip Code h. Phone Number i. Fax Number j. Email address 4. Representative (if any): D. MICHAEL a. First Name BALL b. Last Name MARSH MATTERS ENVIRONMENTAL c. Company P.O. BOX 554 d. Street Address FORESTDALE e. City/Town MA f. State 02644 g. Zip Code 978.434.1228 h. Phone Number i. Fax Number Mike.Ball@MarshMattersEnvironmental.com j. Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $165.00 a. Total Fee Paid $70.00 b. State Fee Paid $95.00 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: IN-GROUND SWIMMING POOL WITH ASSOCIATED FACILITIES AND IMPACT MITIGATION 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 C192403 b. Certificate # (if registered land) c. Book d. Page Number B. Buffer Zone & Resource Area Impacts (temporary & permanent) 1. Buffer Zone Only – Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland, Inland Bank, or Coastal Resource Area. 2. Inland Resource Areas (see 310 CMR 10.54-10.58; if not applicable, go to Section B.3, Coastal Resource Areas). Check all that apply below. Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. wpaform3.doc • rev. 12/4/2023 Page 3 of 9 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 BUMPS RIVER (TIDAL/COASTAL) 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: 39,581 square feet 4. Proposed alteration of the Riverfront Area: 2,464 (all existing lawn) a. total square feet 0 b. square feet within 100 ft. 2,464 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 +/- 1,200 sf (MITIGATION PLANTINGS ONLY) 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 2025 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. CONSERVATION PLAN a. Plan Title MALLON LAND SURVEYING LLC b. Prepared By S. MALLON / S. MATTSON c. Signed and Stamped by 9.22.2025 d. Final Revision Date 1 INCH = 20 FEET e. Scale MITIGATION PLAN f. Additional Plan or Document Title 9.22.2025 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: 1088 2. Municipal Check Number 9.23.25 3. Check date TO BE PAID ELECTRONICALLY (ACH transfer) 4. State Check Number 5. Check date D. MICHAEL 6. Payor name on check: First Name BALL (MME) 7. Payor name on check: Last Name MMEnvironmental MARSH MATTERS ENVIRONMENTAL Attachment 1 Project Narrative NOTICE OF INTENT PROJECT NARRATIVE POOL PROJECT 162 STARBOARD LANE ( Assessors Map 166, Parcel 106 ) Osterville (Barnstable), Massachusetts SEPTEMBER 2025 Prepared for: C. Schwartz 30 Garrison Street Boston, MA 02116 Prepared by: i Notice of Intent Project Narrative 162 Starboard Lane, Osterville, Massachusetts Table of Contents 1.0 SITE DESCRIPTION .......................................................................................................... 1 1.1 Property Location and Existing Features ................................................................... 1 1.2 Wetland Resource Areas ........................................................................................... 1 1.3 Topography and Soils ................................................................................................ 3 1.4 State-listed Rare Species Habitat .............................................................................. 3 2.0 PROPOSED PROJECT .................................................................................................... 3 2.1 Proposed Impact Mitigation ....................................................................................... 3 3.0 REGULATORY COMPLIANCE AND PROTECTION OF WETLAND RESOURCE AREA INTERESTS ................................................................................................................................... 4 ii Table of Contents (cont.) NOI ATTACHMENTS Attachment 1 – Project Narrative and Mitigation Narrative Attachment 2 – Site Locus Maps & Existing Conditions Photos Figure 1 – Project Elements Summary Figure Figure 2 – USGS Topographic Map Figure 3 – Aerial Photo Figure 4 – MassGIS Map Figure 5 – Barnstable GIS Map Figure 6 – FEMA Flood Insurance Rate Map Attachment 3 – Proposed Project Plans Attachment 4 – Abutters-related documents and administrative forms NOI Project Narrative Marsh Matters Environmental 162 Starboard Lane Osterville, Mass. Page 1 of 9 Sept 2025 NOI Project Narrative – 16 2 Starboard Lane, Osterville 1.0 SITE DESCRIPTION 1.1 Property Location and Existing Features The 1.59-acre subject property is located in a residential neighborhood at 162 Starboard Lane in Osterville (a village of Barnstable), Massachusetts (North latitude 41.637935; West longitude - 70.363205) (the “Site”)(site locus Figure 2), on which sits a one-story, four-bedroom, three- bathroom, single-family residence originally constructed in 1971. The property abuts a segment of the Bumps River connecting Scudder Bay (to the north) to the Centerville River, all of which are tidal waterways. Like the majority of properties along this segment of the river, residences are set back from the water some distance and are at approximately thirty feet in elevation above the river margin elevation. Most woody vegetation on the property has been maintained as mature oak-dominant woodland. An expanse of open lawn area provides access to the river margin, where a permanent wooden dock is maintained. 1.2 Wetland Resource Areas Associated with the Bumps River is a 200-ft wide Riverfront Area (310 CMR 10.58), which extends landward from the mean high-water line (MHW line). MME identified and marked the MAHW line on January 11, 2025. As the length of the property from the river to the road (east to west) is between 375 and 430 feet, the landward limit of the Riverfront Area extends to just beyond half the length of the lot. Total Riverfront Area on the property is 39,581, or 57 percent of the property according to the land surveyor. The existing house footprint is within the outer one-hundred feet of the Riverfront Area. Only lawn area and wooded areas comprise the inner one-hundred feet of the Riverfront Area. MME identified no Bordering Vegetated Wetland (310 CMR 10.55) on the property along the river margin. The is some Salt Marsh habitat (Spartina alterniflora-dominant) along the river margin. The current FEMA floodzone mapping indicates that there is coastal floodzone (Land Subject to Coastal Storm Flowage 310 CMR 10.04) on the property, specifically a Zone AE (El. 13), associated with the tidal river (see site plan and Figure 6). Due to the presence of the coastal floodzone and a tidal river-facing landform with slope percentages ranging from between ten percent and approximately twenty-eight percent, Coastal Banks as defined under 310 CMR 10.30 and under the Town of Barnstable Conservation Commission Chapter 705 both occur. Wetland Resource Area(s) Determination Methods In advance of MME’s on-site observations, MME performs a desk-top review of available mapping resources and any documents that may have been provided by the applicant and project land surveyor as background material. MME reviews all or some of the following data sources. Certain maps were used to produce a set of site locus figures, which are part of the NOI attachments. • Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps. • United States Geological Survey Topographic Quadrangle. • MassGIS MassDEP Wetland and Hydrography data layers. NOI Project Narrative Marsh Matters Environmental 162 Starboard Lane Osterville, Mass. Page 2 of 9 Sept 2025 • MassGIS Natural Heritage Atlas data layers. • Google Earth Aerial photography. • United States Department of Agriculture, Natural Resources Conservation Service (USDA-NRCS) Web Soil Survey; and, • Mapping data layers provided by the subject municipality’s website (if available). MME performs wetland resource area (WRA) identification and delineations in substantial accordance with the following publications: the Massachusetts Wetlands Protection Act and the implementing MWPA regulations (310 CMR 10.00 et seq.); the Massachusetts Department of Environmental Protection’s (MassDEP) Massachusetts Handbook for Delineation of Bordering Vegetated Wetlands (2022); Section 404 of the Clean Water Act (33 U.S.C. 1344); and the U.S. Army Corp of Engineers (USACE) Wetland Delineation Manual (1987). When performing WRA identification and delineations, MME uses a methodology involving consideration of (1) plant community compositions and transitions between plant communities, (2) observed topographic changes in the landscape, (3) indicators of wetland hydrology, including evidence of extent of standing or flowing water in nearby waterbody or waterway, (4) the presence/absence of certain sub-surface soil morphological indicators (i.e., redoximorphic features) that confirm the presence, or absence, and approximate elevation of groundwater in the soil profile (relative to the ground surface) during a portion of the growing season, and (5) any evident land alterations. MME marks WRA boundaries with numbered tape flagging, or stakes, and typically collects a set of photographs that document on-site conditions on the day(s) of fieldwork. Entrance onto abutting property is usually incidental and often necessary in order to complete fieldwork and MME assumes that this entry, as well as establishment of wetland boundary flagging, has either been pre-approved, or is otherwise acceptable by the subject property owner and/or property abutters. For wetland indicator status ratings for vascular plants, MME refers to the National Wetland Plant List for the Northcentral and Northeast Regions administered by the U.S. Army Corps of Engineers (2017 updated version or most recent). For hydric / non-hydric soil profile determinations, MME consults Field Indicators for Identifying Hydric Soils in New England (Version 4, 2017). When noting the presence of invasive and potentially invasive plant species, MME uses plant status designations provided by the Massachusetts Invasive Plant Advisory Group (MIPAG). MME typically completes at least one set of Bordering Vegetated Wetland Determination Forms when a Bordering Vegetated Wetland is delineated and/or if MME believes that this type of detailed documentation is necessary. One or more sets of these data forms may accompany this narrative / NOI and the information on the forms should be considered representative of plant community and soil profile conditions along the length of wetland boundary. If a site is highly altered from landscaping or lawn installation, a set of determination forms is usually not completed because of the absence of plant layers. For determining the landward extent of Riverfront Area, in accordance with 310 CMR 10.58(2)(a)(2), if the project engineer is not identifying the mean high water (MHW) or the mean annual high-water (MAHW) mark/elevation, the MME identifies MHW/MAHW by identifying visible markings or changes in the character of soils or vegetation due to the prolonged presence of water. These markings distinguish between predominantly aquatic and NOI Project Narrative Marsh Matters Environmental 162 Starboard Lane Osterville, Mass. Page 3 of 9 Sept 2025 predominantly terrestrial land. For tidal rivers, in the absence of reliable tidal flood elevation information, MME typically determines the approximate MHW mark using topographic clues and, in certain instances, the observed landward extent of Spartina alterniflora growth. 1.3 Topography and Soils The grade changes across the entire site from the road margin to the riverbank is roughly thirty- six vertical feet. The Natural Resources Conservation Service (NRCS) identifies this site as mostly falling within an excessively drained soil drainage class type, as described in the Soil Survey of Barnstable County, Massachusetts. The soil type mapped for a majority of the site is Carver coarse sand (8 to 15 percent slopes). 1.4 State-listed Rare Species Habitat According to the most recent version of the Massachusetts Natural Heritage Atlas mapping, no portion of the subject parcel currently occurs within or near either a Priority Habitat of Rare Species or within an Estimated Habitat of Rare Wildlife and Certified Vernal Pools as designated by NHESP. 2.0 PROPOSED PROJECT As illustrated on the attached project plan, (Conservation Plan - 162 Starboard Lane, by Mallon Land Surveying LLC, dated 9.9.2025), the applicant seeks approval to remove existing wooden retaining walls and lawn area and install an in-ground pool at the rear of the residence. The proposed pool dimensions are 18 ft by 36 ft with a four feet-wide hardscape pool apron. A small spa with dimensions 10 ft by 10 ft is part of the pool area footprint. Due to the minor grade change in the area of the project footprint (See Photo 1), a retaining wall of less than three feet in height would be needed as would a set of stairs. The pool area project footprint total area is approximately 1,550 sf. The project area is an existing lawn area, a portion of which is a terraced lawn area contained by an old wood timber retaining wall (see Photos 1 and 2). It is MME’s understanding that because an auto cover will be installed, no pool security fencing is required. A concrete leach pit of adequate size to serve as a pool draw-down structure is proposed just to the south of the pool and a second drainage structure will be installed just north of the pool to receive any stormwater runoff from the hardscape surfaces in the pool area. Both structures are located in areas of existing disturbance in the landscape. Erosion Control / Work Limit An erosion control barrier (“ECB”) consisting of continuous, staked siltation fence and staked straw bales will define the limit of work. The ECB will be installed prior to use of excavation equipment. All excavated soil material will be removed from the site for disposal, or off-site reuse. Any temporary storage of soil materials during construction will be in a location inside the ECB. Additional conditions specific to enhanced erosion control and resource area protection that the BCC may include in the permit are anticipated and can be incorporated upon MME and contractor review. 2.1 Proposed Impact Mitigation Please refer to the accompanying narrative and Mitigation Plan by Crawford Land Management, which describes measures specifically proposed to mitigate impacts resulting from work in the NOI Project Narrative Marsh Matters Environmental 162 Starboard Lane Osterville, Mass. Page 4 of 9 Sept 2025 buffer zone to the Chapter 705-defined Coastal Bank. This offered mitigation will convert approximately 7,300 sf of existing lawn area to area supporting native woody and herbaceous plant species. Measures to manage invasive plant species are also proposed. The mitigation measures proposed with revegetate nearly all of Coastal Bank, a significant portion of which is currently managed lawn. 3.0 REGULATORY COMPLIANCE AND PROTECTION OF WETLAND RESOURCE AREA INTERESTS The intent of this project narrative is to describe existing conditions, explain proposed project activities, and demonstrate that the proposed project will substantially meet the applicable performance standards for wetland resource areas present nearest the proposed limits of work and, therefore, serve or contribute to the interests of the Massachusetts Wetlands Protection Act (M.G.L. c.131 §40), the Massachusetts Rivers Protection Act (Chapter 258 of the Acts of 1996), and the Barnstable Wetlands Protection Bylaw (Chapter 237). The interests to be served include protection of public and private water supply, protection of groundwater supply, flood control, storm damage prevention, prevention of pollution, protection of land containing shellfish, protection of fisheries, and protection of wildlife habitat. The local bylaw describes wetland- associated “values and functions” to be protected to include public or private water supply, groundwater, storm damage prevention, flood control, erosion and sedimentation control, prevention of water pollution, wildlife habitat, shellfish, fisheries, recreation, aesthetics, agricultural and aquacultural values, and historical values. With respect to the protection of these interests and values, it is important to note that all project activities will occur on existing lawn or otherwise previously long-existing altered area on the property. The project will actually remove lawn area and convert that area to native plant- vegetated impact mitigation area containing trees, shrubs, and herbaceous vegetation. The only resource areas in which pool construction work will occur is Riverfront Area, specifically the outer one-hundred feet of Riverfront Area. The inner one-hundred-foot zone of the Riverfront Area will maintain its existing woody vegetative cover and the installation of mitigation plantings will revegetate nearly all open areas that are currently lawn. Only a narrow pathway providing access to the river margin and dock with me maintained as grass-covered. MME believes that this will provide an overall improvement to Riverfront Area conditions and, therefore, serve the applicable MWPA and local bylaw interests. Alternatives Discussion With respect to project location alternatives, MME believes that there is no practicable and substantially equivalent economic alternative to the project, as proposed, that will have less adverse effect on the MWPA interests and meet the applicant’s goals. The project footprint has been kept within existing previously altered areas (lawn) and is a relatively small area of total Riverfront Area on the property. As this project is single-family home-associated and the Site is a lot that was recorded on or before August 1, 1996, the area under consideration for practicable alternatives is limited to this property. Due to the configuration of the property, the location of the existing structure, and proximity to the naturally vegetated Coastal Bank and bank buffer zone, the level area on the east side of the house is the only suitable location for a pool. There is not sufficient area on NOI Project Narrative Marsh Matters Environmental 162 Starboard Lane Osterville, Mass. Page 5 of 9 Sept 2025 either side of the house. For the pool to be located entirely outside of Riverfront Area, the location would need to be in the front yard or in the location of the existing driveway. Both options are neither practical nor preferred. Coastal Bank is located to the east of the house, and this landform is a stable resource area vegetated by both mature woodland and lawn area. This Coastal Bank is not a dune or beach sediment source. No work is proposed on the Coastal Bank, but work is proposed in the Coastal Bank buffer zone. In order to comply with Barnstable’s Chapter 704 mitigation requirements, a 7,333-sf mitigation area is proposed. Please refer to CLM’s Mitigation Plan and accompany written description, which is a supplement to this narrative. MME believes that no aspect of the project in the Coastal Bank buffer zone and in a previously disturbed, currently unvegetated area adjacent to the house will result in conditions that will prevent or reduce the ability of the Coastal Bank to perform its important storm damage prevention and flood control functions. The proposed planting work on the Coastal Bank will, in fact, only improve resource area conditions by making the landform more resilient over the long-term. MME believes that this project is eligible for both a waiver in accordance with Chapter 704-4 and an Order of Conditions approving the project, as the applicable resource area performance standards are met and the proposed work within the Riverfront Area and the Coastal Bank buffer zone will contribute to the protection of the Massachusetts Wetlands Protection Act, the Rivers Protection Act, and the Chapter 237 interests and values. MMEnvironmental MARSH MATTERS ENVIRONMENTAL Attachment 2 Site Locus Figures Existing Conditions Photos FIGURE 1 – PROPOSED PROJECT ELEMENTS SUMMARY 162 STARBOARD LANE, OSTERVILLE (BARNSTABLE), MASSACHUSETTS MARSH MATTERS ENVIRONMENTAL REMOVE OLD WOOD RETAINING WALLS CONSTRUCT 18’ x 36’ POOL w/ 10’ x 10’ SPA and 4’-WIDE SKIRT 3,414 SF MITIGATION AREA PROVIDED WITH INVASIVE SPECIES MANAGEMENT CONSTRUCT NEW STEPS AND RETAINING WALL 3,919 SF MITIGATION AREA PROVIDED WITH INVASIVE SPECIES MANAGEMENT FIGURE 2 – USGS TOPOGRAPHIC QUAD SITE LOCUS MAP 162 STARBOARD LANE, OSTERVILLE (BARNSTABLE), MASSACHUSETTS MARSH MATTERS ENVIRONMENTAL Project Location FIGURE 3 – AERIAL PHOTO 162 STARBOARD LANE, OSTERVILLE (BARNSTABLE), MASSACHUSETTS MARSH MATTERS ENVIRONMENTAL BUMP’S RIVER (TIDAL) FIGURE 4 – BARNSTABLE GIS SITE LOCUS MAP 162 STARBOARD LANE, OSTERVILLE (BARNSTABLE), MASSACHUSETTS MARSH MATTERS ENVIRONMENTAL Project Location FIGURE 5 – MassGIS SITE LOCUS MAP 162 STARBOARD LANE, OSTERVILLE (BARNSTABLE), MASSACHUSETTS MARSH MATTERS ENVIRONMENTAL Project Site Project Location FIGURE 6 – FEMA Flood Insurance Rate Map 162 STARBOARD LANE, OSTERVILLE (BARNSTABLE), MASSACHUSETTS MARSH MATTERS ENVIRONMENTAL Property Location FEMA FIRM NO. 25001C0563J MMEnvironmental PHOTOGRAPH LOG Project / Client: SCHWARTZ Location: 162 STARBOARD LN, OSTERVILLE Project No. Photo No. 1 Date: 9.23.2025 Photo Aspect: EAST Description: PROPOSED POOL AREA TO BE DEFINED BY A LOW RETAINING WALL WILL EXTEND APPROX. 15 HORIZONTAL FEET FROM LOCATION OF EXISTING WOOD RETAINING WALL (TO BE REMOVED) Photo No. 2 Date: 9.22.2025 Photo Aspect: NORTHWEST Description: PROPOSED POOL AREA LOCATION RETAINING WALL FOR POOL HERE (+/- 15 FT FROM EX. RETAINING WALL) MMEnvironmental Photo No. 4 Date: 9.22.2025 Photo Aspect: NORTHEAST Description: EXPANSE OF LAWN THAT CURRENTLY SERVES AS ACCESS TO/FROM RIVER MARGIN. EXCEPT FOR A FOUR FEET-WIDE FOOTPATH, THIS ENTIRE LAWN AREA IS PROPOSED MITIGATION PLANTING AREA. (REFER TO CLM MITIGATION PLANTING PLAN FOR DETAILS) PHOTOGRAPH LOG Project / Client: SCHWARTZ Location: 162 STARBOARD LN, OSTERVILLE Project No. Photo No. 3 Date: 9.22.2025 Photo Aspect: SOUTHWEST Description: EXPANSE OF LAWN THAT CURRENTLY SERVES AS ACCESS TO / FROM RIVER MARGIN. EXCEPT FOR A FOUR FEET-WIDE FOOTPATH, THIS ENTIRE LAWN AREA IS PROPOSED MITIGATION PLANTING AREA. (REFER TO CLM MITIGATION PLANTING PLAN FOR DETAILS) MMEnvironmental MARSH MATTERS ENVIRONMENTAL Attachment 3 EXISTING CONDITIONS & PROPOSED CONDITIONS PLAN by Mallon Land Surveying LLC. (9.9.25) MITIGATION PLAN – 162 STARBOARD LANE by Crawford Land Management (9.22.25) MMEnvironmental MARSH MATTERS ENVIRONMENTAL Attachment 4 Property Abutters-related Documents Administrative Forms Fee Transmittal Form 1,800.00 Conservation Notice of Intent (NOI) Abutter Map for Subject Parcel 166106 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. 75 Town of Barnstable GIS Unit 150 9/22/2025 gis@town.barnstable.ma.us Printed on: 0 ft.150 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 Conservation Notice of Intent (NOI) Abutter List for Subject Parcel 166106 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 166041 CANNISTRARO, JOSEPH C & SUSAN TR 133 STARBOARD LANE NOMINEE TRUST 34 BUCKSIN DRIVE WESTON 02493MA 166042 SHAHABI, KAYVAN & GERTRUDE TRS SHAHABI FAMILY REVOCABLE TRUST 163 STARBOARD LANE OSTERVILLE 02655MA 166043 TURNBULL, CLAYTON & LINDA F 32 WOODLAND ROAD BOSTON 02130MA 166054 WROE, DAVID W & MARGARET M 174 STARBOARD LANE OSTERVILLE 02655MA 166055 KEEFE, TIMOTHY & NORA 213 MURRAY ROAD WEST PALM BEACH 33405FL 166106 INGRAM, ELLEN H ESTATE OF PO BOX 160 OSTERVILLE 02655MA 9/22/2025 7:38 AMReport Generated On:Page 1 of 1 6Total 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. 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: PROJECT ADDRESS OR LOCATION: 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) 9.23.2025 COREY SCHWARTZ 162 STARBOARD LANE, OSTERVILLE 166 106 IN-GROUND POOL MITIGATION PLANTINGS BETWEEN POOL AND RIVER MICHAEL BALL MARSH MATTERS ENVIRONMENTAL 978.434.1228 / Mike.Ball@MarshMattersEnvironmental.com 10 7 2025 6:30 noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/17/11 Page 1 of 2 5 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: 162 STARBOARD LANE a. Street Address OSTERVILLE (BARNSTABLE) b. City/Town ELEC. TRANSFER (ACH) c. Check number $70.00 d. Fee amount 2. Applicant Mailing Address: COREY a. First Name SCHWARTZ b. Last Name c. Organization 32 GARRISON STREET - APT. 50209 d. Mailing Address BOSTON e. City/Town MA f. State 02116 g. Zip Code h. Phone Number i. Fax Number j. Email Address 3. Property Owner (if different): ELLEN H a. First Name INGRAM b. Last Name c. Organization P.O. BOX 160 d. Mailing Address OSTERVILLE e. City/Town MA f. State 02655 g. Zip Code h. Phone Number i. Fax Number j. Email Address To calculate filing fees, refer to the category fee list and examples in the instructions for filling out WPA Form 3 (Notice of Intent). B. Fees Fee should be calculated using the following process & worksheet. Please see Instructions before filling out worksheet. Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. Step 2/Number of Activities: Identify the number of each type of activity. Step 3/Individual Activity Fee: Identify each activity fee from the six project categories listed in the instructions. Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2) times the fee per category (identified in Step 3) to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be multiplied by 1.5 and then added to the subtotal amount. Step 5/Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step 6/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract $12.50. To calculate the city/town share of the fee, divide the total fee in half and add $12.50. noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/17/11 Page 2 of 2 5 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 CAT 1 (POOL at a SFH) 1 $165.00 $165.00 Step 5/Total Project Fee: $165.00 Step 6/Fee Payments: Total Project Fee: $165.00 a. Total Fee from Step 5 State share of filing Fee: $70.00 b. 1/2 Total Fee less $12.50 City/Town share of filling Fee: $95.00 c. 1/2 Total Fee plus $12.50 C. Submittal Requirements a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to the Commonwealth of Massachusetts. Department of Environmental Protection Box 4062 Boston, MA 02211 b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and the city/town fee payment. To MassDEP Regional Office (see Instructions): Send a copy of the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and a copy of the state fee payment. (E-filers of Notices of Intent may submit these electronically.)