HomeMy WebLinkAbout11252025 NOI Butler 105 Scudders Lane939 main street rte 6a yarmouth port mass 02675 down cape engineering, inc civil engineers & land surveyors TRANSMITTAL November 10, 2025 FROM: Heather Cornell hcornell@downcape.com Barnstable Conservation RE: 105 Scudder' s Lane, Barnstable Notice of Intent DCE#24-263 Butler Method of Delivery: Email; In person drop off tel. (508) 362-4541 fax (508) 362-9880 Please find attached documents to support a Notice of Intent at 105 Scudder' s Lane in Barnstable, including: • Barnstable NOi Checklist • WP A Form 3 including fee transmittal and eDEP submittal receipt • Project narrative • IEC, Inc. Assessment • Wetland data forms(7 pages) • Abutter list • Abutter map • Abutter notice • Site photos(3 pages) • Permission to access • Site directions • USGSmap • Site Plan & Detail dated 11/6/2025 • 9 Packets of above • Filing fee CC: File
Town of Barnstable Conservation Commission 230 South Street Hyannis Massachusetts 02601 Office: 508-862-4093 E-mail: conservation@town.bamstable.ma.us CHAPTER 707 Regulation Governing Minimum Submission Requirements for a Notice of Intent Application The Barnstable Conservation Commission has adopted the following requirements in order to obtain more consistently complete submission documents necessary for a thorough and efficient review of all Notice 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. &::I 0 2. 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 C. d. describing any project impacts and proposed mitigation as they relate to the following: 2) 3) 4) 5) of Any of the interests of Chapter 237 of the General Ordinances and the MassDEP Wetlands Protection Act M.G.L. 131, §40. The performance standards contained in the MassDEP Wetlands Protection Regulations (310 CMR 10.00) Chapter 704: Regulation Governing Activity in the 100-ft. Buffer Zone. Chapter 703: Private Docks and Piers. Any other applicable regulations (310 CMR 10.00 or as promulgated under Chapter 237 the General Ordinances). Enclose proper payment to cover the fee for Chapter 23 7 filings. Consult current Fee Schedule at www.townofbamstable.us/Conservation Please indicate who is to record the Order of Conditions (check one): Applicant ✓ Agent Abutter Notification (See Abutter Notification Regulation, Chapter 706) Chap 707 /rev. February 2025 Page 1
Q' a. Contact the Conservation Division office at (508) 862-4093 regarding the docketing process, or see current schedule of Conservation Hearings and submission deadlines at: www.townotbarnstable.us/Conservation/ b. C. Provide a copy of the list of abutters within a 100 ft radius of the project parcel. Provide a copy of the Assessor's Map indicating the parcel of the project site and showing the 100 ft radius of the project parcel. d. Provide a copy of the abutter notification letter. Use the form letter provided in our Abutter Notification Regulation (Chapter 706), available on the Conservation Division website. e. Email copies of the green return receipts, from the certified mailings to the abutters, as proof of notification . If any mailings are returned, email a copy of the entire envelope, f. indicating by postal service stamp the reason for return. You will retain the receipts afterwards, not the Conservation Division. I further certify under the penalties of perjury that all abutters were notified of the Notice of Intent Application, pursuant to the requirements of Chapter 23 7 of the General Ordinances of the Code of the Town of Barnstable. Notice must be made in writing by certified mail to all abutters within 100 ft of the property line of the project location. Signature of Applicant or Representative ~I\J\t\.-"'· 0,)"\h,f~,P\,',. l><-Er,1\i'l"L-• Date 3. Field Staking: g a. [J' b. C. On or before Tuesday, @ 8:30 a.m., one week prior to the scheduled public hearing, have your project staked by a professional engineer or registered land surveyor showing all outside comers of all proposed structures and the continuous proposed "limit of work" line. Have a wetland scientist or other qualified professional flag all wetland resource areas on or within 100 ft of the work area. Make sure that the flags are sequentially numbered. Provide a project identification stake with bright painted top and applicant name and address, easily visible from the street approaching the site. 4. Legal Advertisement Fees: a. Conservation will submit the legal ad for publication in a local newspaper. The applicant or his/her agent is responsible for payment, by check (payable to the Town of Barnstable), at the hearing or by mail. The cost of the legal ad will be pre-calculated and posted on the hearing agenda prior to the hearing. 5. Minimum Documentation for a Complete Application: a. b. Provide a completely filled-out (in all parts) NOi application as locally adopted for the Town of Barnstable, including MassDEP Vegetated Wetland Field Data Form. Indicate Assessor's map and parcel of the project, as well as the street or road address, and pertinent village (i.e., Hyannis, Centerville, Barnstable, etc). Provide two (2) original project plans, stamped in blue or red ink (wet stamp). Plans must be signed and dated by a Massachusetts licensed, professional engineer, land surveyor, architect or landscape architect (as applicable), and shall be drawn at a readable scale (1" = 20' preferred). For multi-acre sites, a second site plan, drawn at larger scale showing the entire site, should also be provided. Chap 707 /rev. February 2025 Page 2
[rua c. Provide a signed Permission to Access Property, Form PA. The form must be signed by the property Owner, or legal representative and submitted with the NOi. . d. e. f. g. Form PA is available at www.townotbamstable.us/Conservation/. For projects requiring mitigation plantings under Chapter 704-3, 704-4, and 704-5, mitigation planting location(s) shall clearly be shown on landscaping planting plan. The planting plan shall include: l. species (chosen from the Town of Barnstable Conservation Commission approved planting lists), sizes, densities and/or quantities. 2. area calculations in O' -50' and 50' -100' separately for the amount of mitigation planting required. 3. the amount of mitigation planting proposed. 4. a note or indication stating the area between the proposed plants will either be planted with an appropriate native seed mix or left to naturalize. 5. a note stating mulch may only be used under the dripline of proposed plants. 6. demarcation markers along the landward side of the mitigation planting area. The type of demarcation marker shall be selected from the list approved by the Conservation Commission. Provide detailed, written street directions to the locus (site). Provide a copy ofa U.S.G.S. locus map indicating the general area of the project site. Provide a check for the Town of Barnstable portion of the required filing fee. (The portion payable to the Commonwealth, see 7. e. below) 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. b. C. d. e. All existing and proposed contours at 2-ft. minimum intervals (I-ft. preferred). Clear delineation of all existing and proposed structures and features. Building structures must be accurately dimensioned (fixed location) from property lines and wetland resource areas. Plans shall provide sufficient detail to show all potential wetland impacts, mitigation, compensatory areas, engineered structures, utilities, landscaping, etc. within the area of jurisdiction. On complicated sites, existing and proposed conditions must be shown on separate sheets. Locus inset map of the site clearly showing its location relative to surrounding public streets. All wetland resource area flags by individual flag number (matched to the field) to clearly identify all resource areas on or within 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. Section views showing changes in grade, cuts and fills. 7. SUBMISSION OF THE COMPLETED APPLICATION WITH PLANS: a. 0 C. Email NOi application and all associated materials in PDF format to Kimberly.Cavanaugh@town.barnstable.ma.us AND Edwin.Hoopes@town.bamstable.ma.us Do not include copies of checks. All attachments must be named with the hearing date (year first), type, name, address. Examples 2022030 I NOi Smith 2 I Main Street or 202203 I NOi Plan Smith 2 I Main Street. Provide two (2) full NOi applications with folded plans (colored ink stamp) with signature/date to the Town of Barnstable Conservation Division Office for administrative use; Chap 707 /rev. February 2025 Page 3
d. 6£la email lwa f. lwa g. Ima h. Provide seven (7) additional collated copies of the NOi (with folded plans and all pertinent data attached) to the Barnstable Conservation Division Office for distribution to, and review by, Conservation Commission members. Any supplementary documentation for administrative and commission review should be submitted as soon as possible prior to the scheduled public hearing.* Mail one (1) copy of the complete NOi with plan(s) to the Massachusetts Department of Environmental Protection (MassDEP) Southeast Regional Office, 20 Riverside Dr., Lakeville, MA 02347. Send MassDEP portion of filing fee to: MA Department of Environmental Protection, Box 4062, Boston, MA 02211. MassDEP also recommends applicants send their Notices of Intent by email to SERO NOI@mass.gov. For roadway construction or repair projects, provide one electronic copy of the NOi and plans to the Senior Project Manager Special Projects, c/o the Town of Barnstable Department of Public Works, 382 Falmouth Road, Hyannis, MA 02601. For coastal piers, dredging, coastal engineering structures or other coastal erosion control projects, provide two hard copies of the NOi and plans to the Shellfish Biologist, c/o Town of Barnstable Natural Resources, 1189 Phinney's Ln., Centerville, MA 02632. 1!!_ addition, email a (PDF) version to: 1) shellfishNOI@town.barnstable.ma.us. (Email must be sent the same day as submission to the Conservation Division); and 2) conservationprojects@town. barn stab le.ma. us Also, for coastal piers, dredging, coastal engineering structures, provide two hard copies of the NOi and plans to the Harbormaster, c/o Town of Barnstable Marine and Environmental Affairs (MEA), 1189 Phinney's Ln., Centerville, MA 02632. In addition, email a (PDF) version to: 1) harbormaster@town.barnstable.ma.us. (Email must be sent the same day as submission to the Conservation Division); and 2) conservationprojects@town.barnstable.ma.us Note: Please title the file for your NOi project as follows: a. Submission date, b. Last name of applicant, c. Map/parcel of property, e.g., 082316-Smith-076024. "Note: Ifa revised plan needs to be submitted prior to a hearing, please follow same instructions as 7. b. above (and submit to other entities as may be applicable). Plan revisions must be clearly noted and dated in the revision block. (The same individual who stamped tbe original plan must also stamp and sign the revised plan). Submitted this / l.) day of N av? µ__ k in the year ~ 0 ~ in accordance with the Town of Barnstable "Regulation Governing Minimum Submission Requirements for a Notice of Intent Application" by: (Print Name) Owner I Applicant Signature <==c;::y l-q-:. O~er's Authorized Age~ Signature ~ \c:;'\..,. A-.. O~l\\.h-{JcT, ~ Approved: May 28, 1997 Revised: May 12, 2015 Revised: August 23, with minor rev. Sept. 6, 2016 Chap 707 /rev. February 2025 Telephone Number 501 ?' --i.. '-\c;"i, ~ tot,, Telephone Number Revised March 15, 2022 Revised February 5, 2025 Page4
~ Massachusetts Department of Environmental Protection eDEP Transaction Copy Here is the file you requested for your records. To retain a copy of this file you must save and/or print. Username: DOWNCAPE Transaction ID: 1953147 Document: WPA Form 3 -NOi Size of File: 272.45K Status of Transaction: In Process Date and Time Created: 1111012025:10:53:53 AM Note: This file only includes forms that were part of your transaction as of the date and time indicated above. If you need a more current copy of your transaction, return to eDEP and select to "Download a Copy" from the Current Submittals page.
~ Massachusetts Department of Environmental --Protection Bureau of Resource Protection -Wetlands \ WPA Form 3 -Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A.General Information 1. Project Location: a. Street Address b. City/fown d. Latitude f. Map/Plat # 2. Applicant: p Individual r Organization a. First Name c. Organization d. Mailing Address e. City/fown h. Phone Number 3 .Property Owner: r more than one owner a. First Name c.Organization d. Mailing Address e. City/fown h. Phone Number 4.Representative: 105 SCUDDERS LANE BARNSTABLE 41.70737N 258 PATRICIA& THOMAS 139 WOODLAND A VENUE SUMMIT PA TRICIA & THOMAS f. State i. Fax 139 WOODLAND A VENUE SUMMIT fState i. Fax c.ZipCode e. Longitude g.Parcel/Lot # b.LastName NJ b. Last Name NJ Provided by MassDEP: MassDEP File#: eDEP Transaction#:1953147 City/fown:BARNST ABLE 02630 70.32225W 14 BUTLER g.ZipCode j. Email BUTLER g.ZipCode j.Email 07901 07901 a. First Name DANIEL A b. Last Name OJALAPEPLS c. Organization d. Mailing Address e. City/Town h.Phone Number DOWN CAPE ENGINEERING INC 939ROUTE6A YARMOUTH PORT 508-362-4541 f. State MA i.Fax g. Zip Code j.Email 5.Total WPA Fee Paid (Automatically inserted from NOI Wetland Fee Transmittal Form): 02675 INFO@DOWNCAPE.COM a.Total Fee Paid 610.00 b.State Fee Paid 292.50 c.City/fown Fee Paid 317.50 6.General Project Description: PROPOSED RAZE AND REPLACE OF EXISTING SINGLE FAMILY DWELLING INCLUDING POOL AND POOL HOUSE. ?a.Project Type: 1.P Single Family Home 2. r Residential Subdivision 3. r Limited Project Driveway Crossing 4. r Commercial/Industrial 5.r Dock/Pier 6. r Utilities 7.r Coastal Engineering Structure 8. r Agriculture (eg., cranberries, forestry) 9.r Transportation 10. r Other To.ls any portion of the proposed activity eligible to be treated as a limited project subject to 310 C:MR 10.24 ( coastal) or 310 Page 1 of 7 * ELECTRONIC COPY
~ Massachusetts Department of Environmental Protection :---..: Bureau of Resource Protection -Wetlands \ WPA Form 3 -Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 CMR 10.53 (inland)? I. rYes w'No If yes, describe which limited project applies to this project: 2. Limited Project 8.Property recorded at the Registry of Deeds for: a.County: BARNSTABLE b.Certificate: 236105 c.Book: B. Buffer Zone & Resource Area Impacts (temporary & permanent) I .Buffer Zone & Resource Area Impacts (temporary & permanent): Provided by MassDEP: MassDEP File#: eDEP Transaction #:1953147 City/Town:BARNSTABLE d.Page: P' This is a Buffer Zone only project-Check if the project is located only in the Buffer Zone ofa 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) Resource Area a.rBank b.r Bordering Vegetated Wetland c.r Land under Waterbodies and Waterways d. r Bordering Land Subject to Flooding e.r Isolated Land Subject to Flooding fr Riverfront Area 2. Width of Riverfront Area ( check one) Size of Proposed Alteration Proposed Replacement (if any) l . linear feet 2. linear feet l. square feet 2. square feet 1. Square feet 2. square feet 3. cubic yards dredged I . square feet 2. square feet 3. cubic feet of flood storage lost 4. cubic feet replaced 1. square feet 2. cubic feet of flood storage lost 3. cubic feet replaced l. Name of Waterway (if any) r 25 ft. -Designated Densely Developed Areas only r 100 ft. -New agricultural projects only r 200 ft. -All other projects 3. Total area of Riverfront Area on the site of the proposed project 4. Proposed Alteration of the Riverfront Area: a. total square feet b. square feet within 100 ft. c. square feet between I 00 ft. and200 ft. square feet Page 2 of 7 * ELECTRONIC COPY
Li i 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 5. Has an alternatives analysis been done and is it attached to this NOi? 6. Was the lot where the activity is proposed created prior to August 1, 1996? Provided by MassDEP: MassDEP File#: eDEP Transaction #: 195314 7 City/fown:BARNSTABLE rYesrNo rYesrNo 3.Coastal Resource Areas: (See 310 CMR 10.25 -10.35) Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. r Designated Port Areas b.r Land Under the Ocean Indicate size under 1. square feet 2. cubic yards dredged Land under the ocean below, C. r Barrier Beaches d. r Coastal Beaches Indicate size under Coastal Beaches and/or Coatstal Dunes, below e. r Coastal Dunes fr Coastal Banks g.r Rocky Intertidal Shores h. r Salt Marshes i r Land Under Salt Ponds j. r Land Containing Shellfish I. square feet 2. cubic yards beach nourishment I. square feet 2. cubic yards dune nourishment I. linear feet 1. square feet I. square feet 2. sq ft restoration, rehab, crea. I. square feet 2. cubic yards dredged I. square feet k.r Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above I. cubic yards dredged Lr Land Subject to Coastal Storm Flowage 1. square feet 4.Restoration/Enhancement r Restoration/Replacement 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 entered the additional amount here. a. square feet ofBVW 5.Projects Involves Stream Crossings r Project Involves Streams Crossings b. square feet of Salt Marsh Page 3 of 7 * ELECTRONIC COPY
-Protection N Bureau of Resource Protection -Wetlands \ WPA Form 3 -Notice of Intent Provided by MassDEP: MassDEP File#: eDEP Transaction #:1953147 City/fown:BARNSTABLE ~ Massachusetts Department of Environmental Massachusetts Wetlands Protection Act M. G .L. c. 131, §40 If the project involves Stream Crossings, please enter the number of new stream crossings/number of replacement stream crossings. a. number of new stream crossings b. number of replacement stream crossings C. Other Applicable Standards and Requirements Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review l. 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 ofEndangered Species program (NHESP)? a. rYest;l'No If yes, include proof of mailing or hand delivery ofNOI to: Natural Heritage and Endangered Species Program Division ofFisheries and Wildlife I Rabbit Hill Road Westborough, MA 01581 b. Date ofmap:FROM MAP VIEWER If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR l 0.18) .... c. Submit Supplemental Information for Endangered Species Review * (Check boxes as they apply) l. r Percentage/acreage of property to be altered: (a) within Wetland Resource Area percentage/acreage (b) outside Resource Area percentage/acreage 2. r Assessor's Map or right-of-way plan of site 3. r Project plans for entire project site, including wetland resource areas and areas outside of wetland jurisdiction, showing existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work** a. r Project description (including description of impacts outside of wetland resource area & buffer zone) b.r Photographs representative of the site c. r MESA filing fee (fee information available at: http://www.mass.gov/eea/agencies/dfg/dfw/natural-heritage/re!!:lllatmy-review/mass-endangered-species-act-mesa/mesa-fee-schedule.html) Make check payable to "Natural Heritage & Endangered Species Fund" and mail to NHESP at above address Projects altering 10 or more acres of land, also submit: d. r Vegetation cover type map of site e. r Project plans showing Priority & Estimated Habitat boundaries d. OR Check One of the following 1. r Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, http:/ /www.mass.gov/eea/agencies/dfg/dfw/laws-regulations/cmr/321-cmr-l 000-massachusetts-endangered-species-act.htm!# IO. l 4; the NOi must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR 10.37 and l0.59.) 2.r Separate MESA review ongoing. a. NHESP Tracking Number b. Date submitted to NHESP Page 4 of 7 * ELECTRONIC COPY
~ Massachusetts Department of Environmental -----Protection :---..::: Bureau of Resource Protection -Wetlands \ WPA Form 3 -Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File#: eDEP Transaction #:1953147 City/fown:BARNSTABLE 3.r Separate MESA review completed. Include copy ofNHESP "no Take" determination or valid Conservation & Management Permit with approved plan. * Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review ... 2. For coastal projects only, is any portion of the proposed project located below the mean high waterline or in a fish run? a.i;l' Not applicable -project is in inland resource area only b. rYes rNo If yes, include proof of mailing or hand delivery ofNOI to either: South Shore -Cohasset to Rhode Island, and the Cape & Islands: Division of Marine Fisheries -Southeast Marine Fisheries Station Attn: Environmental Reviewer 836 S. Rodney French Blvd New Bedford, MA 02744 North Shore -Hull to New Hampshire: Division ofMarine Fisheries -North Shore Office Attn: Environmental Reviewer 30 Emerson Avenue Gloucester, MA 01930 If yes, it 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. 3. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? a.rYes i;l'No b.ACECName If yes, provide name of ACEC (see instructions to WPA Form 3 or DEP Website for ACEC locations). Note: electronic filers click on Website. 4. Is any portion of the proposed project within an area designated as an Outstanding Resource Water (ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00? a. rYesi;l'No 5. 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. r Yes i;; No 6. Is this project subject to provisions of the MassDEP Stormwater Management Standards? a. r Yes, Attach a copy of the Storm water Report as required by the Storm water 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 r Vol.2, Chapter 3) ~ A portion of the site constitutes redevelopment ~ Proprietary BMPs are included in the Stormwater Management System b.w No, Explain why the project is exempt: ~ Single Family Home ~ Emergency Road Repair Page 5 of7 * ELECTRONIC COPY
Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 3 -Notice of Intent Massachusetts Wetlands Protection Act M. G .L. c. 131, §40 Provided by MassDEP: MassDEP File#: eDEP Transaction #:1953147 City/fown:BARNST ABLE 3. Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi-family r housing project) with no discharge to Critical Areas. D. Additional Information Applicants must include the following with this Notice of Intent (NOI). See 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 by regular mail delivery. 1. USGS or other map of the area ( along with a narrative description, if necessary) containing sufficient information for the P' 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 P' [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area. 3. Identify the method for BVW and other resource area boundary delineations (MassDEP BVW Field Data Form(s). P' 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. p a. Plan Title: b. Plan Prepared By: c. Plan Signed/Stamped By: c. Revised Final Date: e. Scale: SITE PLAN OF 105 SCUDDER'S LANE LANDSCAPE PLAN DANIEL A. OJALA, P.E., P.L.S. BERNICE WAHLER LANDSCAPES 11/6/25 5. If there is more than one property owner, please attach a list of these property owners not listed on this form. r 6. Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. r 7. Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. r 8. Attach NOI Wetland Fee Transmittal Form. p 9. Attach Stormwater Report, if needed. r 10/31/25 Page 6 of7 * ELECTRONIC COPY
2 ( • -Musacho1etts Department of Environmental Protection Provided by Maul>EP: MassDEP Ytle #: Bureau of Resource Protection -Wetlands WP A Form 3 -Notice of Intent eDEP Transaction #: 1953 l 47 City/fown:BARNSTABLE Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E.Fees 1. Fee Exempt No filing tee shall be assessed fbr projects of any city, town, county, or district of the Commonwealth, federally rw,pmd Indian tribe .bousina authority, municipal housing authority, or the Massachusetts Bay Transportation Authority. Applicants must submit the following inf'onnttion (in addition to pqes l and 2 of the NOi Wedaod ½ T~ittal Form) to confum fee payment: 11 /10 '2~ 2. Municipal Cbcc11: Number 3, Check da1e ' 4.Stm~Nmnbcr" ~ CJ)'uJl'-I CLL-f.! C fl§:<, JJ ee... t(v1g t nc 6. Payer 1111ae on chect: First &me 7. Payer name on check: Last Name F. Signatures and Submittal Requiremen1s I hereby certify under the peoallies of perjury lbat the foregoing Notice oflntcm and accompanying plans, documents, and supportina data arc true and complm ID the best ofmy knowledge. I 1111dentand that the Conservation Commission will place notification of this Noeicc in a local newspaper at the cxpcasc oflbe applic:ant in acwcdlmce wilb 1bc watllllds iqulations, 310 CMR IO.OS(S)(a). I further certify under peaalties of perjwy duoll abuttas were notified of this application, pursuant. to the requirements of M.O.L. c. 131, § 40. Notice must be made by Ca1ificate ofMailing or in wriling by hand delivery or certified mail (return rcc:eipt requm:d) to all abutters witmn I 00 feet of the property line of the project IOC8bOII. I. Sipatnre aC Applic:aat 2, Date J. Sipalln of Prvpcrty Owna(ifdlfrbar) 4.Dak ~~'-Q~-6. Date For Conaervatlon Commllslon: Two copies oftbe completed Notice oflmnt (Fonn 3), including supporting plans and documents, two copies oflbo NOi Wetland Fee Transmittal Form, and the cityllown fi:e payment. to die Cansc:rvarioo Commission by certified mail or band delivery. For Mald>EP: One copy ofdle completed Notice ofJnt.cnt (Form 3), including supporting plans and documents, one copy oftbe NOi Wetland Fee Transmittal Form, and• CICIP1 of the mre fee payment to 1hc MassDEP Regional Office (sec lnslructions) by cercified mail or band delivery. If the eppUamt bas c:hecbd Ibo •y~• box in Section C, Items I •3, above, refer to that section and the Instructions for additional submittal requirancats. The origiul and copia D1lllt be sent simul1ml00Usly. Failure by the applicant to send copies in a timely manner may result in dismissal of the Notice ofJnta,t. Page 7 of 7 • ELECTRONIC COPY
~ Massachusetts Department of Environmental Protection --Bureau of Resource Protection -Wetlands \-......: WPA Form 3 -Notice of Wetland FeeTransmittal Form -----Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File#: eDEP Transaction#:1953147 City/fown:BARNSTABLE A. Applicant Information 1. Applicant: a. First Name c. Organization d. Mailing Address e. City/Town h. Phone Number 2.Property Owner:(if different) a. First Name c. Organization d. Mailing Address e. City/Town h. Phone Number 3. Project Location: a. Street Address Are you exempted from Fee? r PATRICIA & THOMAS 139 WOODLAND A VENUE SUMMIT f. State i. Fax PATRICIA& THOMAS 139 WOODLAND A VENUE SUMMIT I 05 SCUDDERS LANE £State i.Fax Note: Fee will be exempted if you are one of the following: • City/Town/County/District • Municipal Housing Authority • Indian Tribe Housing Authority • MBTA State agencies are only exempt if the fee is less than $100 B. Fees Activity Type A.) WORK ON SINGLE FAMILY LOT; ADDITION, POOL,ETC.; A.) CONSTRUCTION OF SINGLE FAMILY HOUSE; Activity Number b.LastName NJ b. Last Name NJ b. City/fown Activity Fee 110.00 500.00 BUTLER g.ZipCode j. Email BUTLER g.ZipCode j.Email BARNSTABLE RF Multiplier 07901 07901 Sub Total 110.00 500.00 City/fown share of filling fee State share of filing fee Total Project Fee $317 .50 $292.50 $610.00 Page 1 of 1 * ELECTRONIC COPY
-MassDEP's Online Filing System My eDEP Forms My Profile Help Notifications ( Receipt filgnature Summary/Receipt Your submission is complete. Thank you for using DEP's online reporting system. You can select "My eDEP" to see a list of your transactions. DEP Transaction ID: 1953147 Date and Time Submitted: 11/10/2025 10:49:58 AM Other Email : Form Name: WPA Form 3 -NOi Project Location City/Town Name: BARNSTABLE location: 105 SCUDDERS LANE General Description: PROPOSED RAZE AND REPLACE OF EXISTING SINGLE FAMILY DWELLING INCLUDING POOL AND POOL HOUSE. Applicant Information Name: PATRICIA & THOMAS BUTLER Company Address: 139 WOODLAND AVENUE, SUMMIT, NJ, 07901 Payment Information Your fee for the state share is$: 292.50 If you have paid by credit card or ACH, thank you for your payment. If you are paying by check or money order, please send your check (payable to the Commonwealth of Massachusetts) to MassDEP, Box 4062, Boston, MA 02211 Additional Forms Submitted WPA Form 3 -NOi (Fee Transmittal)(ONLINE ONLY) Ancillary Document Uploaded/Mailed 24-263 Butler Site-Detail Plan 11-6-25 24-263 SITE PHOTOS 24-263 USGS Abutter Map Abutter Notification Letter Abutters List Environmental assessment Form PA Project Narrative Site Directions Wetland Data MassDEP Home I Contact I Privacy Policy Username:DOWNCAPE Nickname: DCE DEP Gmiit ] Receipt 6, print receipt Exit MyeDEP
Project Narrative PROJECT NARRATIVE #105 Scudder's Lane, Barnstable The applicant respectfully submits this Notice of Intent application in support of a raze and replace of an existing single-family dwelling located at 105 Scudder' s Lane. The property is a 73,446 square-foot parcel located within a single-family residential zoning district. The site is currently developed with a 3-bedroom single-family dwelling with an attached garage, originally constructed in 1964 per the Town Assessor's records. A Bordering Vegetated Wetland (BVW) occupies the southern portion of the property. It should be noted that no work is proposed within any areas mapped as Priority Habitat or Estimated Habitat for Endangered Species by the Massachusetts Natural Heritage and Endangered Species Program (NHESP). Proposed Work The project involved the construction of a 5-bedroom single-family dwelling partially within the I 00 foot buffer to the BVW. The proposed garage is situated outside the 100 foot buffer, while the pool house and pool are located outside the 50 foot buffer to the BVW. Roof drywells and area drains are proposed to capture and infiltrate stormwater runoff onsite, thereby reducing the drainage impacts to the resource area compared to existing conditions. All proposed work will take place within existing lawn or previously developed areas. Minor gravel areas and a landscape retaining wall are proposed within the 50 foot buffer, while all other proposed hardscape will be outside the 50 foot buffer. A redesigned septic system is proposed to accommodate the increase in number of bedrooms. All septic system components are located outside the 100 foot buffer to the BVW. To offset the proposed increase in hardscape within the buffer zones, the project includes 11,056 square feet of mitigation planting within existing lawn areas, including 550 square feet of invasive species removal. A Landscape Plan dated October 31, 2025, prepared by Bernice Wahler Landscapes, illustrates the mitigation areas, planting schedule, and restoration details. This plan is included with this application. 310 CMR 10.55 Bordering Vegetated Wetland A Bordering Vegetated Wetland is located along the southern boundary of the property. The wetland was flagged by Paul Shea of Independent Environmental Consultants on September 24, 2024. The wetland flags were located by Down Cape Engineering, Inc. during a field survey of the property. To protect the resource area during construction, a silt fence work limit line is proposed along the existing edge of lawn, southern property line, and wetland edge. These erosion control measures will be installed prior to commencement of site work and maintained until all disturbed areas have been stabilized.
Barnstable Wetlands Protection Bylaw (Chapter 237 compliance) 1. Effects on Erosion Control: The work limit line will consist of a staked silt fence. This will be installed prior to any work occurring on the site and shall remain in place until all the construction/re-grading has stabilized. 2. Effects on wildlife: The proposed work will not have a deleterious effect on wildlife. This lot is not within Priority or Estimated Habitat of Rare or Endangered Species. All of the work will occur within existing lawn or disturbed areas. The proposed mitigation area will enhance the buffer to the BVW. 3. Effects on Recreational Interests: None expected; this is privately owned property. 4. Effects on Aesthetic Interests: No negative effects. 5. (& 6.) Effects of Agriculture/Aquaculture: NIA 7. Effects on Historic Interests: No archaeological sites are known to occur on the property. Standard excavating equipment will be used for the construction of the proposed work and will access the site through the existing paved driveway. Any staging areas will be located outside the 100 foot buffer to the BVW. Mitigation Calculations under Barnstable Chapter 704 This site contains an existing disturbed 50 foot buffer. The applicant is proposing an increase in hardscape of 163 square feet within the 0-50 foot buffer and an increase of 2,833 square feet ofhardscape within the 50-100 foot buffer. 9,151 square feet of mitigation is required, and 11,056 square feet of mitigation is proposed to include invasives removal. The plantings are proposed in a low section of the property within the 0-50 foot buffer just off the BVW within an existing disturbed lawn area. The Site Plan prepared by Down Cape Engineering, Inc., together with the Landscape Plan prepared by Bernice Wahler Landscapes, delineate the proposed work, mitigation calculations, and planting details.
September 25, 2024 INDEPENDENT ENVIRONMENTAL CONSULTANTS, INC. 162 West Long Pond Road, Plymouth, MA 02360 508-274-0310 Heatherlee Vermette Down Cape Engineering, Inc. 939 Route 6A Yarmouth port, MA 02675 Re: 105 Scudder's Lane, Barnstable, MA Ms. Vermette, This letter is an environmental assessment report concerning the above mentioned residential property located at 105 Scudder's Lane in Barnstable. Independent Environmental Consultants, Inc. (IEC) conducted a site inspection and evaluation of the property on 9-24-24 to delineate the boundary of wetland resource areas within the property. This inspection occurred during the fall season, during leaf-out conditioners. The property contains a residential house, lawn areas. and driveway connecting to Scudder's Lane. Existing topography drops in elevation from the house, downslope to a freshwater wetland. There is a culvert and drainage flow area located directly adjacent to the road, at the property line. A narrow vegetated swale directs water downgradient into a freshwater wetland, a low-lying vegetated wetland with dense vegetation. This low-lying wetland is located near the property line located downgradient from the existing house, just downgradient of the existing sloping, maintained lawn area. The wetland contains greater than 50% wetland vegetation, hydric soils, and greater than 50% wetland vegetation. IEC has delineated the location of the culvert, the vegetated swale, and the receiving freshwater wetland. Wetland flags in the field are flags A1 -A1 o. The wetland continues off property. A 50' buffer zone and a 100' buffer zone are associated with the edge of wetlands. Alterations have occurred directly adjacent to the edge of wetlands within the property. The wetland resource areas and the wetland buffer zones are under the jurisdiction of the Barnstable Conservation Commission. Paul J. Shea, PWS President
BORDERING VEGETATED WETLAND DETERMINATION FORM I '7:::> -1..J Project/Site: -+--..e_-=::..=-'"''-'=-=+-'-'.z"-'-.....,.,.,___.,....,.'""'-'-'._..._ City/Town:/) iJ '{kt <pt,)-.::, Sampling Date: ----~ --"..._.'-"r'Yrb'r_..___,,,, ____________ Sampling Point or Zone: .... A __ -__._ ........................ ~ • •/ -lnvestigator(s):-1-__....,.z;.::,~-!'r'-=---,...J.~-----"=:;.__,.;:::;c.,-,..,....:,-----.,..-Latitude / Longitude:. _________ _ Soil Map Unit Name. "' '.-; lJa •· 'I": " NWI or I\Zf."ification, _______ _ Are climatic/hydrologic conditions on t'he site typical for this time of ear? Yes No CJ (If no, explain in Remarks) Are Vegetation D , SoilB , or Hydrology B significantly disturbed? (If yes, explain in Remarks)/(,,{ Are Vegetation O , Soil ___ , or Hydrology naturally problematic? (If yes, explain in Remarks) _)Jc, SUMMARY OF FINDINGS -Attach site map and photograph log showing sampling locations, transects, ~-Wetland vegetation criterion met? Yes .._,.,,, Noc:] Is the Sampled Area YesrnNo r::J Hydric Soils criterion met? Yes V NoC] within a Wetland? Wetlands hydrology present? Yes V No(=:J Remarks, Photo Details, Flagging, etc.·-. ~ /4 . /' V-G j-i..~ +i:,J J,{Je_-l--"(~d /Dr:,, o-f :5 cy-c,,. /l,,Uv"' ,, ... m~1/ //~tL/ db vY'\,J. -cl, J/'MI + C -1-M ~ l .Yl -1-a. I~ ..J ~ LAS ~ d V' C,~ . ,6 l( • ,:;!V ;2-e,'Yl,-c ~ ' I HYDROLOGY Field Observations: Surface Water Present? Water Table Present? Saturation Present (including capillary fringe)? Wetland Hydrology Indicators Reliable Indicators of Wetlands Hydrology ater-stained leaves Evidence of aquatic fauna Otron deposits BAlgal mats or crusts Oxidized rhizospheres/pore linings Indicators that can be Reliable with Proper Interpretation WJ;i-vdrological records WFJee water in a soil test hole §aturated soll Water marks Moss trim lines Indicators of the Influence of Water Direct observation of inundation Drainage patterns Drift lines Scoured areas Sediment deposits BThin muck surfaces D Presence of reduced iron Surface soil cracks Plants with air-filled tissue D Woody plants with adventitious Sparsely vegetated concave (aerenchyma) roots surface BPlants with polymorphic leaves BTrees with shallow root systems • icrotopographic relief Plants with floating leaves Woody plants with enlarged Geographic position (depression, D Hydrogen sulfide odor lenticets toe of slope, fringing lowland Re~arks (describe recorded dpta fror. sveam gau~~m~n-itorin~ 'o/ell, aerial photos, previous inspections, if avai!able): ,5 -r r .{,: w.../ 5 t,l.,l ~ft:.. -r / .. ) l-0 i/4) '{ ,t~l I ,-1/J, vt,r() ::-0 5-~r C, )c:, J. '~ "Jc -C/v\ +u .:5(: u J d-c...v· (.5=-.L-~~ , This form is only for BVW delineations. Other wetland resource areas may be present and should be delineated according to the applicable regulatory provisions. Form Revised July 2023
1i,U-c:-t-l ~l.:l. Io 5 '5(j,/_J/eg-f"M~ Sampling Point A. -7 VEGETATION -Use both common and scientific names of plants. Tree Stratum Plot size Indicator Absolute Dominant? Wetland Status % Cover (yes/no) lndictor? Common name Scientific name ' , (yes/no) 1. • ..--Wi' I I~ t~ \ r, ·v--,-,;, S-~ /iv F.Al11.,V ./l/11 :,i? _{ 2. ,..11 ~ A-t-1.V'-r . W} \ \.: k; I . 3. 4. 5. 6. 7. 8. 9. Q.O = Total Cover ShrubLSagling Stratum Plot size Indicator Absolute Dominant? Wetland Status % Cover (yes/no) Indicter? Comrrwn name Scientific name (yes/no) 1./V i::., I..., ..j{v,, t"-l,1 M\),{ !:.> i.U 2 .,. V j i-i,./J/'t>1Liu1~ A.lL'.:.l;J1;--t(,/Ji•1, J-·-1:CU/ l/;/, 7 ii-?,)✓ 2. /IL,/ .t-.1 l'.1~;.-'i) .1!. \ <....:, -_,i}_ ~<;_ ~ /I I / FAc I :..1-r.. s· I •,,(rt, ~-<~j 1 u ~.J, p., -r.~..r--/....u.;{A. -[J,,./ e. l-'11..t ) II I,,, ,·-__;.;.~ I/ ~AA , V./1-6 ~'~L-f" .t.1r, ~-4. -,lv . . {, I / 5. 6. 7. 8. 9. 0.0 = Total Cover Herb Stratum Plot size Indicator Absolute Dominant? Wetland Status %Cover (yes/no) Indicter? Common name Scientific name (yes/no) 1. f" ~-,i,.1.,,tl',-'1,1\ ~~-✓IA-D s }'Y'\.U v1. (1-:-.. 1 l" "' VV.J. N\ti IV ,.. ;) FA-C/1/ wt.v l/-t,_/~ 4 "'5:,. _,.,, < .' -i-,\; y nv'III /"J ,A ,,t,\,(..i <... ),'..1'1 .. '/2, /-J r,4-V i•ul ( :.f,,t~ <' I.we.? .s·' 3< ,. N--:o u < l "'t-i'.., V\, t iA ' r-~Y•-;cs· i,;fc:" "-P;::;,,,,) l..1.?.s· 0,7 ~-4. -I -I { 5. 6. 7. 8. 9. 10. 11. 12. 0.0 = Total Cover 2 Form Revised July 2023 r
/ o t :5··(_~ lcl~-t: 5 Lue_, VEGETATION -continued. Woody Vine Stratum Plot size. ________ _ Indicator Absolute Status % Cover Dominant? {yes/no) Wetland Common name Scientific name 1. 2. 3. 4. 0.0 = Total Cover / RaQid Test: Do all dominant species have an indicator status of OBL or FACW? Yes .l.J.. No IVI Qomlnance Test: Number of Number of dominant species that are Do wetland indicator plants make up dominant species wetland indicator plants :2: 50% of I vent plant species? d 7 Yes No I I Prevalence Index: Total% Cover (all strata) Multiply by: Result OBLspecies t'"J Xl =0.00 /) FACW species -...c;.._. X2 =0.00 //l FACspecies ,':J X3 =0.00 /,,, FACU species I X4 =0.00 4 UPL species f XS =0.00 Column Totals (A) o 'X (8)0 ;J [J Prevalence Index B/A= o.qo .~~1 Is the Prervre Index s 3.0? Yes No I I Wetland vegetation criterion met? Yes 1·v1 No I I Definitions of Vegetation Strata Tree -Woody plants 3 in. (7.62 cm) or more in diameter at breast height {DBH), regardless of height Shrub/ Sapling -Woody plants less than 3 in. (7.62 cm) DBH and greater than or equal to 3.3 ft. (1 m) tall Herb-Woody vines -All herbaceous {non-woody plants, regardless of size, and woody plants less than 3.3 ft. {l m) tall All woody vines greater than 3.3 ft. (1 m) in height Cover Ranges Range Midpoint 1-5% 3.0% 6-15% 10.5% 15-25 % 20.5% 26-50% 38.0% 51-75 % 63.0% 76-95 % 85.5 % 96-100% 98.0% Form Revised July 2023 3
,-pv--t Tl .),,,1..d Sampling Point A -] SOIL Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type1 {) -~ -:J It) -Y P-):..") . ..:.."'?-I I'\ IA {.jp_":') -~ Location2 Texture w (:-L ktt-{ F .... -s· L 1riJ t,-.J-'7J,,11,,J r. s: ( 1 Remarks /'',\ . .LJ'""''' ,,. 1./u ,;L ·1 ,.>t f , ' 1Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains 2Location: PL::Pore Lining, M=Matrix Hydric Soil Indicators (Check all that apply) Indicators for Problematic Hydric Soils LlHistosol (Al) Ll Polyvalue Below Surface (S8) U2 cm Muck (AlO) UHistic Epipedon (A2) .Li Thin Dark Surface (59) LJ 5 cm Mucky Peat or Peat (S3) UBlack Histic (A3) Li_ Loamy Gleyed Matrix {F2) 0 Iron-Manganese Masses (F12) LJHydrogen Sulfide (A4) LI. Depleted Matrix (F3) D Mesic Spodic (Al 7) Ustratified Layers (AS) .LI Redox Dark Surface (F6) D Red Parent Material (F21) LJoepleted Below Dark Surface (All) .LJ. Depleted Dark Surface (F7) D Very Shallow Dark Surface (F22) .LJ.Jhick Dark Surface (Al2) LI Redox Depressions (F8) bd:_sandy Mucky Mineral (S1) L Sandy Gleyed Matrix (S4) _bL Sandy Redox (S5) D Other (Include Explanation in i-----------------------'---------l Ustripped Matrix (S6) Remarks) .iJdDark Surface ($7) Restrictive Layer (If observed) Type: Depth (inches): I Hydric Soils criterion met? Yes K7J No I Form Revised July 2023 4
BORDERING VEGETATED WETLAND DETERMINATION FORM Project/Site: .LJr.~~~t:.1.c:1l,W:.:L.a.....;:il.;L::::;::!,i~'-"---City/Town:,6'd:'rU;5_,~4, ~ _Sampling Date: t" ))--)_l{ Sampling Point or Zone: /2 -? ~ 0/>4,J '...:.::--'-'~~Jl,..!;_-,=..:.._--c------,;::----------+ ,7 lnvestigator(s):+-,c;,:;:i,4--'..;a:;;..;,:.,<.<aiy...,~.z:...,ir=--~~~-f--.-H---Latitude / Longitude: _________ _ Soil Map Unit Name~ ilV.-Jlt NWI or DEP Classification: --------Are climatic/hyd7vronditions on the site typical for this time of ear? Yes c::JNo [::) (If no, explain i~ Rem~r~ . Are Vegetation SoilB , or Hydrology D significantly disturbed? (If yes, explain in Remarks} j ~ -:S '-'I., VI. Are Vegetation O , Soil ___ , or Hydrology D naturally problematic? (If yes, explain in Remarks) _Alo SUMMARY OF FINDINGS -Attach site map and photograph log sho ing sampling locations, transects, etc. Wetland vegetation criterion met? Hydric Soils criterion met? Wetlands hydrology present? HYDROLOGY Field Observations: Surface Water Present? Water Table Present? Yesc:J No I Yes I I No I Is the Sampled Area veq No within a Wetland? l-/,f /2:;i j_, -L ~l,c/Yl / ✓ epth (inches) V 1,-Depth (inches} Saturation Present (including capillary fringe)? Yesl I No I V Depth (inches) Wetland Hydrology Indicators Reliable Indicators of Wetlands Indicators that can be Reliable with Indicators of the Influence of Water Hydrology Proper Interpretation §Water~stained leaves D Hydrological records 0 Direct observation of inundation Evidence of aquatic fauna D Free water in a soil test hole 8 Drainage patterns Iron deposits § Saturated soil Drift lines BAlgal mats or crusts Water marks a Scoured areas Oxidized rhizospheres/pore Moss trim lines Sediment deposits linings BThin muck surfaces D Presence of reduced iron B Surface soil cracks Plants with air-filled tissue D Woody plants with adventitious Sparsely vegetated concave (aerenchyma) roots surface BPlants with polymorphic leaves B Trees with shallow root systems :3 Microtopographic relief Plants with floating leaves Woody plants with enlarged Geographic position (depression, D Hydrogen sulfide odor lenticels toe of slope, fringing lowland Remarks (describe recorded data from stream gauge, monitoring well, aerial photos, previous inspections, if available}: 1Ap!M1d -L~WV\ ____. This form is only for BVW delineations. Other wetland resource areas may be present and should be delineated according to the applicable regulatory provisions. Form Revised July 2023
,-VEGETATION -continued. -· A ·+J7, Sampling Point .... ~--~ll. b-0~ Woody_ Vine Stratum Plot size Indicator Absolute Dominant? Wetland Status % Cover (yes/no) lndictor? Common name , Scientific name (yes/no) 1. ' \ 2. \ 3. ·, 4. \i 0.0 = Total Cover / Ragid Test: Do all dominant species have an indicator status of OBL or FACW? Yes _Li No IVI Dominance Test: Number of Number of dominant species that are Do wetland indicator plants make up dominant species wetland indicator plants 2! 50% of dominant pljCfPecies? Yes _D_No Prevalence Index: Total% Cover (all strata) Multiply by: Result OBLspecies Xl =0.00 FACW species X2 =0.00 FAC species X3 =0.00 FACU species X4 =0.00 UPL species XS =0.00 Column Totals (A) o (B)O Prevalence Index B/A"'Q.QQ I Is the Prevalence Index s: 3.0? Yes __D_No n Wetland vegetation criterion met? Yes I I No IVI Definitions of Vegetation Strata Tree -Woody plants 3 in. (7.62 cm) or more in diameter at breast height (DBH), regardless of height Shrub/ Sapling -Woody plants less than 3 in. (7.62 cm) DBH and greater than or equal to 3.3 ft. (1 m) tall Herb -Woody vines -All herbaceous (non-woody plants, regardless of size, and woody plants less than 3.3 ft. (1 m) tall All woody vines greater than 3.3 ft. (1 m) in height Cover Ranges Range Midpoint 1-5 % 3.0% 6-15% 10.5% 15-25 % 20.5% 26-50% 38.0% 51-75 % 63.0% 76-95 % 85.5% 96-100% 98.0% Form Revised July 2023 3
Id ,t; __ <; (: t-1.. :) l-e-~· C 'j· L~ SOIL IAf l·~J._. -'V '71 U A -1--17 Sampling Point~_,__-~--Profile De!cription: (Describe to the depth needed to document the indicator or confirm the absence of indicators) Depth Matrix Redox Features {inches) Color_{moist) % Color (moist) % Type1 Location2 Texture Remarks I Ii),. 1Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains 2Location: PL=Pore Lining, M=Matrix Hydric Soil Indicators (Check all that apply) Indicators for Problematic Hydric Soils Li_Histosol (Al) Li_ Polyvalue Below Surface (58) D_2 cm Muck (Al0) LiHistic Epipedon (A2) .LJ. Thin Dark Surface (S9) LJ 5 cm Mucky Peat or Peat (S3) Li.Black Histic (A3) Li_ Loamy Gleyed Matrix (F2) D Iron-Manganese Masses (F12) LJHydrogen Sulfide (A4) .LJ. Depleted Matrix (F3) D Mesic Spodic (A17) Llstratified Layers (AS) LI. Redox Dark Surface (F6) 0 Red Parent Material (F21) Uoepleted Below Dark Surface (All) .LJ. Depleted Dark Surface (F7} D Very Shallow Dark Surface (F22) LI Thick Dark Surface (A12) Li_ Redox Depressions (F8) Usandy Mucky Mineral (S1) Llsandy Gleyed Matrix (S4) Llsandy Redox (SS) D Other (Include Explanation in f-----------------------'----------1 Ll.stripped Matrix {S6) Remarks) Uoark Surface (S7) Restrictive Layer (If observed) Type: Depth (inches}: Remarks: Ur {0-t1, d, .s· 6 : ls /4 C ~ -kJ Vf' v' /4 p--e.-"'i µ,1 -e f t f It , ~ V'-t~ /4c;;i -kl ~AA-\ J/41v ul'/"011-cl /gw n 7) l'{,,~' ( Hydric Soils criterion met? Yes O No ~NI Form Revised July 2023 4
Conservation Notice of Intent (NOi) Abutter List for Subject Parcel 258014
Property owners within 100 feet of the perimeter of the subject parcel upon which work is proposed.
Parcel ID Owner1 Owner2 Address Line 1 Address Line 2 City State Zip
258013001 WILKER-MANFREDONIA, LESLIE 89 SCUDDER'S LANE BARNSTABLE MA 02630
258014 BUTLER, THOMAS & PATRICIA 105 SCUDDERS LANE BARNSTABLE MA 02630
258018 MEGNA, DAVID & CINDY 23 25 WELCH STREET #903 HOUSTON TX 77019
258019 SCHUMACHER, CHRISTOPHER J & KATHERINEW 236 W 26TH STREET NEWYORK NY 10001
SCHELTER, #502
258060 CATLIN, TANGUY & CHARLOTTE TRS 153 SCUDDER'S LANE REALTY 38 BEECHCROFf ROAD NEWTON MA 02458
TRUST
259010 LYMAN , JOANNE TR C/O LORI ANDREWS, 300 FIFTH A VENUE, PITTSBURGH PA 15222
PNC PRIVATE BANK PT-PTWR-27-1
259011 SCUDLANE LLC 78 CEDAR CLIFF ROAD RIVERSIDE CT 06878
259013 DONOHUE, ELISABETH B TR ELISABETH B DONOHUE TRUST 112 SCUDDER'S LANE BARNSTABLE MA 02630
259017 MURPHY, RUSSELL W & CYNTHIA L ELLIE TRUST 1 WARREN STREET UNIT CHARLESTOWN MA 02129
TRS 103
Page 1 of 1 Total Numbe r of Abutters : 9 Report Generated On: 10/30/2025 8 :3 1 AM
This list by itself do es 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.
Conservation Notice oflntent (NOi) Abutter Map for Subject Parcel 258014
Property owners within 100 feet of the perimeter of the subject parcel upon which work is proposed.
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Town of Barnstable
GISUnit
gis@town.barnstable.ma.us
Legend
□ Subject Parcel
~ Abutters
□ 100 ft. Buffer
Parcels
•• Town Boundary
-Railroad Tracks
Buildings
_J Approx. Buildi
_J Buildings
Parking Lots
Paved
Unpaved
Roads
Paved Road
Unpaved Road
0 Bridge
■ Paved Median
Water Bodies
This map is for illustration
purposes only. It is not adequate
for legal boundary determination
or regulatory interpretation. This
map does not represent an
on-the-ground survey. It may be
generalized, may not reflect
current conditions, and may
contain cartographic errors or
omissions.
Parcel lines shown on this map are
only graphic representations of
Assessor's tax parcels. They are
not true property boundaries and
do not represent accurate
relationships to physical objects
on the map such as building
locations.
0
0 88 175 ft.
1 inch= approx. 175 ft.
Printed on: 10/30/2025
NOTICE OF INTENT ABUTTER NOTIFICATION LETTER DATE: 11/10/25 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 INTEN application has been filed with the Barnstable Conservation Commission. APPLICANT: PATRICIA & THOMAS BUTLER PROJECT ADDRESS OR LOCATION: 105 SCUDDER'S LANE ASSESSOR'S MAP & PARCEL: PROJECT DESCRIPTION: APPLICANT'S AGENT: PUBLIC HEARING: BARNSTABLE MAP 258 PARCEL ..!i_ Raze & replace an existing single family home. Add pool and pool house. Invasive species removal and mitigation plantings replacing lawn are proposed DOWN CAPE ENGINEERING, INC 939 ROUTE 6A YARMOUTH PORT, MA 02675 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: 11 / 25 / 25 TIME: 630 P.M. -------=-= NOTE: Plans and applications describing the proposed activity are on file with the Conservation Commission at https://itlaserfiche.town.bamstable.ma.us/WebLink/Browse.aspx?id=825530&dbid=0&repo=TownOfBams table, by email to Kimberly.Cavanaugh/@town.barnstable.ma.us or by calling (508-862-4093)
Town of Barnstable \ Conservation Commission I Form PA 230 South Street Hyannis Massachusetts 02601 Office: 508-862-4093 E-mail: conservation@town.bamstable.ma.us Permission to Access Property Property owner's name(s): THOMAS & PATRICIA BUTLER Applicant's (Representative's) Name(s) DANIEL A OJALA PE, PLS, DOWN CAPE ENGINEERING Projectstreetaddress105 SCUDDER'S LANE, BARNSTABLE Barnstable Assessor's Map & Parcel: Map_2 __ 5 __ 8 ___ _ Parcel 14 ·----Applicant's Contact Phone Number: _5_0_8_-3_6_2_-4_54_1 _________ _ ACCESS TO PROPERTY PERMISSION As the Owner(s) of the above referenced property, I/we have been advised that under the provisions of the Massachusetts Wetlands Protection Act (MGL Ch 131, Section 40) and the Town of Barnstable General Ordinances (Chapter 237), the Barnstable Conservation Commission, its Agents or its designated staff are authorized, as a matter of law, to enter the outside areas of the property for the purpose of reviewing the existing conditions and the proposed work as described in my /our application (Notice of Intent or Request for Determination) to the Barnstable Conservation Commission. Where possible, notice will be provided to the applicant prior to the visit Visits will occur during daylight hours on either weekdays or weekends as necessary for the Commission and its agent to examine said property. I understand that if attempts to contact me are unsuccessful, the Commissioner or its agent may proceed to inspect the outside areas of said property under this application. I/we confirm my/our understanding the purpose of this permission and I/we grant permission to Commissioners, its agent and its designated staff, to enter the outside areas of my/our property regarding this application for the period as described below: 1. From the submission of the Application (Notice of Intent or Request for Determination) until the approval of the Notice of Intent Request or Request for Determination; and 2. From the issuance of the Order(s) of Conditions (approval for Notice of Intent) to the completion of the project and the final inspection by the Conservation staff to confirm the completion of the project. I have read the above and I undenstand and agree to allow Inspections as described. Patnup-. AA · fu.,ru--, Signature of property owner ~ '-S_:_ Representative'• elgnatu~ '1:>\£" ,...r c.. Dateslgn d n 1,1~ Date signed Adopkd Maroh 15, 2022, etfectivc April 18, 2022.
Go gleMaps 230 South St, Hyannis, MA 02601 to 105 Scudder's Drive 5.5 miles, 16 min Ln, Barnstable, MA 02630 230 South St Hyannis, MA 02601 Continue to South St 1' 1. Head west toward South St ~ 2. Turn left toward South St 19 sec (259 ft) 52 ft 207 ft Take Barnstable Rd, lyannough Rd and Independence Dr to Kidd's Hill Rd 9 min (2.6 mi) ~ 3. Turn left at the 1st cross street onto South St 0.1 mi ~ 4. Turn left onto Old Colony Rd 0.2 mi '\ 5. Use the middle lane to turn slightly left onto Center St 0.3 mi r 6. Turn right onto Barnstable Rd 0.6 mi <t 7. At Airport Rotary, take the 2nd exit onto lyannough Rd 0.8 mi r 8. Turn right onto Independence Dr ~ 9. Turn left onto Kidd's Hill Rd r 10. Turn right onto Phinneys Ln ~ 11. Turn left onto Old Jail Ln ~ 12. Turn left onto Main St r 13. Turn right onto Scudder's Ln 0 Destination will be on the left 0.6 mi 2 min (0.8 mi) 19 sec (0.2 mi) 3 min (1.2 mi) 52 sec (0.4 mi) 1 min (0.3 mi)
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