HomeMy WebLinkAbout20260331 NOI SOBEL 546 WAKEBY RD939 main street rte 6a yarmouth port mass 02675 down cape engineering, inc civil engineers & land surveyors TRANSMITTAL March 17, 2026 FROM: Heather Cornell hcornell@downcape.com Barnstable Conservation RE 546 W akeby Road, Mars tons Mills Notice of Intent DCE#25-427 Sobel 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 546 Wakeby Road in Marstons Mills, including: • Barnstable checklist • WP A Form 3 including fee transmittal and eDEP submittal receipt • Project narrative • BVW forms • Abutter list • Assessor's map • Abutter notice • Site photos • FormPA • Site directions • USGSmap • Site Plan dated 3/6/26 • 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 oflntent (NOI) applications. Failure to complete any of the items in this checklist may result in your application being denied. Applicant or applicant's agent should check each box denoting that the task has been completed or in certain instances, like field staking, denoting that the task will be completed. The following submission checklist covers the requirements of Chapter 237, Wetlands Protection, of the Part I General Ordinances of the Code of the Town of Barnstable. This checklist shall be submitted to the Barnstable Conservation Division with the NOI application. l. Requirements ~ 2. a. b. 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. Attach a written narrative to the NOi application (WPA Form 3), available at: www.mass.gov/eea/agencies/massdep/service/approvals/wpa-form-3.html describing any project impacts and proposed mitigation as they relate to the following: 1) Any of the interests of Chapter 237 of the General Ordinances and the MassDEP Wetlands Protection Act M.G.L. 131, §40. 2) The performance standards contained in the MassDEP Wetlands Protection Regulations (310 CMR 10.00) 3) 4) 5) of Chapter 704: Regulation Governing Activity in the 100-ft. Buffer Zone. Chapter 703: Private Docks and Piers. Any other applicable regulations (310 CMR 10.00 or as promulgated under Chapter 237 the General Ordinances). c. Enclose proper payment to cover the fee for Chapter 237 filings. Consult current Fee Schedule at www.townotbamstable.us/Conservation d. 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
3. 4. 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 I 00 ft radius of the project parcel. Provide a copy of the Assessor's Map indicating the parcel of the project site and showing the I 00 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, indicating by postal service stamp the reason for return. You will retain the receipts afterwards, not the Conservation Division. f. 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. ~LO~ Signature of Applicant or Representive Date Field Staking: a. 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. b. 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. c. Provide a project identification stake with bright painted top and applicant name and address, easily visible from the street approaching the site. Legal Advertisement Fees: a. Conservation will submit the legal ad for publication in a local newspaper. The applicant or his/her agent is responsible for payment, by check (payable to the Town of 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. Provide a completely filled-out (in all parts) NOi application as locally adopted for the Town of Barnstable, including MassDEP Vegetated Wetland Field Data Form. Indicate Assessor's map and parcel of the project, as well as the street or road address, and pertinent village (i.e., Hyannis, Centerville, Barnstable, etc). b. Provide two (2) original project plans, stamped in blue or red ink (wet stamp). Plans must be signed and dated by a Massachusetts licensed, professional engineer, land surveyor, architect or landscape architect (as applicable), and shall be drawn at a readable scale (I"= 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
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. . Form PA is available at www.townotbamstable.us/Conservation/. d. For projects requiring mitigation plantings under Chapter 704-3, 704-4, and 704-5, mitigation planting location(s) shall clearly be shown on landscaping planting plan. The planting plan shall include: e. f. g. 1. 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 of a U.S.G.S. locus map indicating the general area of the project site. Provide a check for the Town of Barnstable portion of the required filing fee. (The portion payable to the Commonwealth, see 7. e. below) 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: IQ! [yJ' a. b. C. d. e. All existing and proposed contours at 2-ft. minimum intervals (1-ft. preferred). Clear delineation of all existing and proposed structures and features. Building structures must be accurately dimensioned (fixed location) from property lines and wetland resource areas. Plans shall provide sufficient detail to show all potential wetland impacts, mitigation, compensatory areas, engineered structures, utilities, landscaping, etc. within the area of jurisdiction. On complicated sites, existing and proposed conditions must be shown on separate sheets. Locus inset map of the site clearly showing its location relative to surrounding public streets. All wetland resource area flags by individual flag number (matched to the field) to clearly identify all resource areas on or within 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. Email NOI application and all associated materials in PDF format to Kimberly.Cavanaugh@town.bamstable.ma.us AND Edwin.Hoopes@town.bamstable.ma.us Do not include copies of checks. All attachments must be named with the hearing date (year first), type, name, address. Examples 20220301 NO! Smith 21 Main Street or 2022031 NOi Plan Smith 21 Main Street. c. Provide two (2) full NOi applications with folded plans (colored ink stamp) with signature/date to the Town of Barnstable Conservation Division Office for administrative use; Chap 707 /rev. February 2025 Page 3
d. IQ)lline e. lfila f. g. h. Provide seven (7) additional collated copies of the NOi (with folded plans and all pertinent data attached) to the Barnstable Conservation Division Office for distribution to, and review by, Conservation Commission members. Any supplementary documentation for administrative and commission review should be submitted as soon as possible prior to the scheduled public hearing.* Mail one (I) 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. !!!.. 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.barnstable.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: I) 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: If a 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 the original plan must also stamp and sign the revised plan). Submitted this /J ,µ..._ day of 1.,,/ /+rl I--in the year {JI) f},_(p in accordance with the Town of Barnstable "Regulation Governing Minimum Submission Requirements for a Notice of Intent Application" by: (Print Name) Owner/ Applicant -:J::, A N\t.~ f', . 0 JIM Owner's A!!!horized Agent 9t.t-, ,NL-Approved: May 28, 1997 Revised: May 12, 2015 Revised: August 23, with minor rev. Sept. 6, 2016 Chap 707 /rev. February 2025 Telephone Number 0 f -;'-'Z-"{ S'{ ( IX \ 06 Telephone Number Revised March 15, 2022 Revised February 5, 2025 Page4
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: 1996197 Document: WPA Form 3 -NOi Size of File: 273.79K Status of Transaction: In Process Date and Time Created: 3/17/2026:7:56:19 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 Provided by MassDEP: MassDEP File #: Bureau of Resource Protection -Wetlands WPA Form 3 -Notice of Intent eDEP Transaction#: 1996197 City/Town:BARNSTABLE Massachusetts Wetlands Protection Act M. G .L. c. l3 1, §40 A.General Information 1. Project Location: a. Street Address b. City/Town d. Latitude f. Map/Plat # 2. Applicant: 546 W AKEBY ROAD BARNSTABLE 41.66299N 28 c. Zip Code e. Longitude g.Parcel/Lot # P Individual r Organiz.ation a. First Name GARY b.Last Name SOBEL c. Organization d. Mailing Address 546 W AKEBY ROAD e. City/Town MARSTONS MILLS f. State MA g. Zip Code 02648 02648 70.44379W 28 h. Phone Number 704-451-2256 i. Fax j. Email GARYSOBEL@LIVE.COM 3.Property Owner: r more than one owner a. First Name c. Organization d. Mailing Address e. City/Town h. Phone Number 4.Representative: GARY & MICHAEL 546 W AKEBY ROAD MARSTONS MILLS b. Last Name f.State MA i. Fax a. First Name DANIEL A b. Last Name OJALAPEPLS c. Organization d. Mailing Address DOWN CAPE ENGINEERING INC 939ROUTE6A Y ARMOUT! !PORT f. State MA g. Zip Code 02675 SOBEL&MAIN g.ZipCode j.Email 02648 e. City/Town h.Phone Number 508-362-4541 i.Fax j.Email INFO@DOWNCAPE.COM 5.Total WPAFeePaid(Automatically inserted from NOi Wetland Fee Transmittal Form): a.Total Fee Paid 220.00 b.State Fee Paid 97.50 c.City/Town Fee Paid 122.50 6.General Project Description: PROPOSED RENOVATION AND ADDITION TO AN EXISTING SINGLE-FAMILY DWELLING AND AFTER THE FACT PERMITTING OF THE REPAIR/REPLACEMENT OF A WOODEN STAIRWAY DOWN TO THE BEACH. ?a.Project Type: I. P Single Family Home 3. r Limited Project Driveway Crossing 5.r Dock/Pier 7. r Coastal Engineering Structure 9.r Transportation 2. r Residential Subdivision 4. r Commercial/Industrial 6. r Utilities 8. r Agriculture ( cg., cranberries, forestry) 10. rather To.ls any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 (coastal) or 310 Page I of 7 * ELECTRONIC COPY
Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WP A Form 3 -Notice of Intent Massachusetts Wetlands Protection Act M. G .L. c. 131, §40 CMR 10.53 (inland)? I. ,Ye:.PNo 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: c.Book: 36949 B. Buffer Zone & Resource Area Impacts (temporary & permanent) I .Buffer Zone & Resource Area Impacts (temporary & permanent): Provided by MassDEP: MassDEP File#: eDEP Transaction #:1996197 City/Town:BARNSTABLE d.Page: 38 P This is a Buffer Zone only project -Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland, Inland Bank, or Coastal Resource Area. 2.lnland Resource Areas: (See 310 CMR 10.54 -10.58, ifnot applicable, go to Section B.3. Coastal Resource Areas) Resource Area a.rBank b.r Bordering Vegetated Wetland c.r Land under Waterbodies and Waterways d. r Bordering Land Subject to Flooding e. r Isolated Land Subject to Flooding [ r Riverfront Area 2. Width of Riverfront Area (check one) Size of Proposed Alteration Proposed Replacement (if any) 1 . linear feet 2. linear feet I . square feet 2. square feet 1. Square feet 2. square feet 3. cubic yards dredged 1. square feet 2. square feet 3. cubic feet offlood storage lost 4. cubic feet replaced 1. square feet 2. cubic feet offlood storage lost 3. cubic feet replaced 1. Name ofWaterway (if any) r 25 ft. -Designated Densely Developed Areas only r I 00 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 I 00 ft. c. square feet between 100 ft. and200 ft. square feet Page 2 of 7 * ELECTRONIC COPY
Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 3 -Notice of Intent Provided by MassDEP: MassDEP File#: eDEP Transaction #:1996197 City/fown:BARNSTABLE Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 5. Has an alternatives analysis been done and is it attached to this NOi? rYesrNo r YesrNo 6. Was the lot where the activity is proposed created prior to August I, 1996? 3.Coastal Resource Areas: (See 310 CMR 10.25 -10.35) Resource Area a. r Designated Port Areas Indicate size under b. r Land Under the Ocean l . square feet 2. cubic yards dredged Size of Proposed Alteration Proposed Replacement (if any) Land under the ocean below, c.r Barrier Beaches d.r Coastal Beaches Indicate size under Coastal Beaches and/or Coatstal Dunes, below I . square feet 2. cubic yards beach nourishment e.r Coastal Dimes I . square feet 2. cubic yards dune nourishment t:r Coastal BanJcs I. linear feet g.r Rocky Intertidal Shores l . square feet h. r Salt Marshes l. square feet 2. sq ft restoration, rehab, crea. i r Land Under Salt Ponds I. square feet 2. cubic yards dredged I. square feet j.r Land Containing Shellfish k.r Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above l. cubic yards dredged Lr Land Subject to Coastal Storm Flowage l. 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
Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 3 -Notice of Intent Provided by MassDEP: MassDEP File#: eDEP Transaction #:1996197 Cityff own:BARNSTABLE Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 If the project involves Stream Crossings, please enter the number of new stream crossings/number of replacement stream crossings. a. number of new stream crossings b. number of replacement stream crossings C. Other Applicable Standards and Requirements Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review 1. Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage ofEndangered Species program (NHESP)? • a. rYes ~No If yes, include proof of mailing or hand delivery ofNOI to: Natural Heritage and Endangered Species Program Division ofFisheries and Wildlife 1 Rabbit Hill Road Westborough, MA 01581 b. Date ofmap:FROM MAP VIEWER If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR I 0.18) .... c. Submit Supplemental Information for Endangered Species Review* (Check boxes as they apply) Ir 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 in1pacts 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/cca/agcncies/dfg/dfw/natural-hcritagc/rcgulatm:y-revicw/niass-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 I. r Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR I 0.14, http://www.mass.gov/cca/agcncics/dfg/dfw/laws-rcgulations/cmr/321-cmr-l 000-massachusetts-cndangercd-specics-act.html# l 0.14; the NOI must still be sent to NHESP if the project is within estin1ated habitat pursuant to 310 CMR 10.37 and 10.59.) 2.r Separate MESA review ongoing. a. NHESP Tracking Number b. Date submitted to NHESP Page 4 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 #:1996197 City/f own:BARNSTABLE 3. r Separate MESA review completed. Include copy ofNHESP "no Take" detennination or valid Conservation & Management Pennit 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.P' Not applicable -project is in inland resource area only b. rYes rNo If yes, include proof of mailing or hand delivery of NOi 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 of Marine Fisheries -North Shore Office Attn: Environmental Reviewer 30 Emerson A venue Gloucester, MA O 1930 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. ls any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? a.r Yes P'No b.ACECName If yes, provide name of ACEC (see instructions to WPA Fonn 3 or DEP Website for ACEC locations). Note: electronic filers click on Website. 4. Is any portion of the proposed project within an area designated as an Outstanding Resource Water (ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00? a. r Yes P'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. rYes P' No 6. Is this project subject to provisions of the MassDEP Stonnwater Management Standards? a.r Yes, Attach a copy of the Stonnwater 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 r Vol.2, Chapter 3) ~ A portion of the site constitutes redevelopment ~ Proprietary BMPs are included in the Stormwater Management System b. P 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. l31, §40 Provided by MassDEP: MassDEP File#: eDEP Transaction #: 1996197 City/f own:BARNST ABLE 3. SmaU 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. I . 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 se1ve 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). w 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 wjth this NOL P' a. Plan Title: b. Plan Prepared By: c. Plan Signed/Stamped By: c. Revised Final Date: e. Scale: SITE PLAN OF 546 WAKEBYROAD MARSTONS MILLS, MA DANIEL A. OJALA, P.E., P.L.S. DOWN CAPE ENGINEERING, INC 3/6/2026 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. r., 9. Attach Stormwater Report, if needed. r Page 6 of 7 * ELECTRONIC COPY
1069Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 3-Notice oflntent Provided by MassDEP: MassDEP File#: eDEPTransaction #:1996197 City/fo""11:BARNSTABLE Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E.Fees I. Fee Exempt: No filing fee shall be assessed for projects of any city, IOWII, 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 I and 2 of the NOi Wetland Fee Transmitlal Form) to confirm fee payment" 6/n /tk 7, Payer name on check: l.ast Name F, Signatures and Submittal Requirements I hereby certify under the penalties ofperjuiy that the foregoing Notice of Intent and accompanying plans, documents, and supponmg data are true and complete to the best ofmy knowledge. I understand that the Conservation Commission will place notification of this Notice in a local newspaper at the expense of the applicant in accordance with the weUands regulations, 310 CMR 10.0SlS)(a). I funher certify under penalties of perjury that all abutters were notified of this application, pursuant to lhc requuemcms of M.G.L c. 131, § 40 Notice must be made by Certificate of Mailing or in writing by hand delivery or certified mail (return receipt requested) to all abutters within I 00 feet '']b:~~::t, ¼k1& I. Signature or Applicant 2. Dote 4. Dale For Conservation Commission: Two copies of the completed Notice of Intent (Form 3), including suppomng plans and documents, two copies of the NOi Wetland Fee Transmittal Form, and the city/town fee payment, to the Conscivation Commission by ccnitied mail or hand delivery. For MassDEP: One copy of the completed Notice oflntenl (Form 3), including supponing plans and documents, one copy of the NOi Wetland Fee Transmittal Form. and a copY of the slate fee payment to the MassD.EP Regional Office (see Instructions) by certified mail or hand delivery. Other: If the applicant has checked the "yes" box in Section C, Items 1-3, above, refer to that section and the Instruct1ons for additional submittal requirements The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the Notice oflntent Page 7 of 7 * ELECTRONIC COPY
~ Massachusetts Department of Environmental Protection ___. Bureau of Resource Protection -Wetlands r WPA Form 3-Notice of Wetland FeeTransmittal \ Form -----Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Applicant Information 1. Applicant: a. First Name GARY b.Last Name SOBEL c. Organization d. Mailing Address 546 W AKEBY ROAD e. City/fown MARSTONS MILLS £ State MA h. Phone Number 7044512256 i. Fax 2.Property Owner:(if different) a. First Name GARY & MICHAEL c. Organization d. Mailing Address e. City/fown h. Phone Number 3. Project Location: a. Street Address Are you exempted from Fee? r 546 W AKEBY ROAD MARSTONS MILLS 546 W AK.EBY ROAD Note: Fee will be exempted if you are one of the following: • City/fown/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.) WORK ON SINGLE FAMILY LOT; ADDITION, POOL,ETC.; Activity Number g. Zip Code j.Email b. Last Name f.State MA i.Fax b. City/fown Activity Fee 110.00 110.00 Provided by MassDEP: MassDEP File#: eDEP Transaction #: 1996197 City/f own:BARNSTABLE 02648 GARYSOBEL@LIVE.COM SOBEL&MAlN g. Zip Code 02648 j.Email BARNSTABLE RF Multiplier Sub Total 110.00 110.00 City/fown share of filling fee State share of filing fee Total Project Fee $122.50 $97 .50 $220.00 Page I of I * ELECTRONIC COPY
MassDEP's Online Filing System My eDEP Forms My Profile Help Notifications [ Receipt Summary/Receipt Your submission is complete. Thank you for using DEP's online reporting system. You can select "My eOEP" to see a list of your transactions. DEP Transaction ID: 1996197 Date and Time Submitted: 3/17/2026 7:55:30 AM Other Email : Form Name: WPA Form 3 -NOi Project Location City/Town Name: BARNSTABLE location: 546 WAKEBY ROAD General Description: PROPOSED RENOVATION AND ADDITION TO AN EXISTING SINGLE-FAMILY DWELLING AND AFTER THE FACT PERMITTING OF THE REPAIR/REPLACEMENT OF A WOODEN STAIRWAY DOWN TO THE BEACH. Applicant Information Name: GARY SOBEL Company Address: 546 WAKEBY ROAD, MARSTONS MILLS, MA, 02648 Payment Information Your fee for the state share is$: 97.50 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 25-427 ABUTTER NOTICE 25-427 Narrative 25-427 Site photos 25-427 Sobel BHall Data sheets 1-8-26 25-427 Sobel Site Plan 3-6-26 Abutter Map Abutter list Form PA USGS MassDEP Home I Contact I Privacy Policy Username:DOWNCAPE Nickname: DCE DEP m!DD Receipt A print receipt Exit MY. eDEP ]
PROJECT NARRATIVE #546 Wakeby Road, Marstons Mills The applicant is pleased to submit a Notice of Intent application for the construction of an addition/renovation to an existing single-family dwelling and an after the fact repair/replacement of a wooden stairway down to the beach. The site consists of a developed 81,722 s.f. lot, improved with a 3-bedroom single family dwelling that was constructed in 1930 per assessors' records. The site is bordered to the east by a Bordering Vegetated Wetland and to the north by Long Pond and an Inland Beach. The edge of the wetlands were flagged by Brad Hall of BLH environmental Consulting. The site does not lie within Priority or Estimated Habitat in accordance with the latest Natural Heritage map (2017). The addition and porch will be constructed in an existing lawn area outside of the 50' buffer to the resource areas. The stairway was constructed recently after a change in ownership as the existing stairway was in disrepair and unsafe. 933 s.f. of mitigation is proposed to offset the hardscape increase within the 100' buffer to the BVW. A work limit line of staked silt fence is proposed downgradient of all work. 310 CMR 10.54 Inland Beaches The Inland Bank borders Long Pond. There was an existing stairway in the same location as its replacement. The existing stairway consisted of landscape ties and concrete blocks which were in the process of failing. The new owner replaced the stairs shortly after purchasing the property to ensure safe travel down to the beach area. The replacement stairs include gravel landings which help prevent erosion down the slope. Mitigation is proposed along the side of stairway which will enhance the buffer zone. No work will take place on the Inland Beach, and the area is already stable. 310 CMR 10.55 Bordering Vegetated Wetland The proposed construction will take place within existing developed areas. No adverse effects from the work are expected, as the work limit line shall remain staked in place until all work is complete, and the site is stabilized. The BVW will continue to act fully in its capacity to provide habitat and food sources for wildlife. Proposed structures are located further away than existing, and mitigation is proposed to offset the increase in hardscape.
Barnstable Wetlands Protection Bylaw (Chapter 237 compliance) 1. Effects on Erosion Control: the work limit line will consist of 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. The proposed area drains will mitigate run-off from the new roofed areas. 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 maintained lawn/landscape areas. Mitigation is proposed to offset the increase in hardscape within the 100' 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: N/ A 7. Effects on Historic Interests: No archaeological sites are known to occur on the property. Standard excavating equipment will be used for the construction. Any staging areas will be located outside the 50' buffer to the BVW. Mitigation Calculations under Barnstable Chapter 704 This site contains an existing disturbed 50' buffer. The applicant is proposing an increase of 348 s.f. of hardscape within the 50-100' buffer. 933 s.f. of mitigation is proposed which is the amount required to infill the existing 50' buffer. The proposed work, and mitigation calculations are plotted on the enclosed site plan By Down Cape Engineering, Inc. Alternatives Analysis The site could remain as is, but the applicants would like to expand their living area. The majority of the new additions will be outside the 100' buffer to the resource areas. The stairs were in need of replacement as they presented a hazard to safety. The proposed mitigation will replace existing lawn areas and serve to offset the increase in hardscape while also providing additional habitat for wildlife.
BORDERING VEGETATED WETLAND DETERMINATION FORM Project/Site: 546 Wakeby Rd. City/Town: Marstons Mills Sampling Date: Jan 8, 2026 Applicant/Owner:_G_a_r.:,..y_S_o_b_el ______________ Sampling Point or Zone: _W_e_t_9 _____ _ lnvestigator(s): Bradford Hall Latitude/ Longitude: _________ _ Soil Map Unit Name: Soil Survey of Barnstable County, 1993 NWI or DEP Classification:_N_W_I _____ _ Are climatic/hydrologic conditions on the site typical for this time of year? Yes c:JNo 0 (If no, explain in Remarks) Are Vegetation O , Soil D , or Hydrology D significantly disturbed? (If yes, explain in Remarks) Are Vegetation D , Soil D , or Hydrology D naturally problematic? (If yes, explain in Remarks) SUMMARY OF FINDINGS -Attach site map and photograph log showing sampling locations, transects, etc. Wetland vegetation criterion met? Yes□No! I Is the Sampled Area Yes0No[:=J Hydric Soils criterion met? Yes Nol I within a Wetland? Wetlands hydrology present? Yesl t/ INol I Remarks, Photo Details, Flagging, etc.: Stage 2 Drought HYDROLOGY Field Observations: Surface Water Present? Yesl I Nol t/ I Depth (inches) Water Table Present? Yes I I No I t/ I Depth (inches) 10 Saturation Present (including capillary fringe)? Yes I t/ I No I I Depth (inches) 7 Wetland Hydrology Indicators Reliable Indicators of Wetlands Indicators that can be Reliable with Indicators of the Influence of Water Hydrology Proper Interpretation [LlWater-stained leaves D Hydrological records ::::J Direct observation of inundation □Evidence of aquatic fauna IZJ Free water in a soil test hole ~ Drainage patterns Diron deposits § Saturated soil Drift lines □Algal mats or crusts Water marks E3 Scoured areas Oxidized rhizospheres/pore Moss trim lines Sediment deposits linings t:3Thin muck surfaces D Presence of reduced iron B Surface soil cracks __ Plants with air-filled tissue 0 Woody plants with adventitious Sparsely vegetated concave ( aerenchyma) roots surface □Plants with polymorphic leaves BTrees with shallow root systems ::j Microtopographic relief Plants with floating leaves Woody plants with enlarged Geographic position (depression, [2J Hydrogen sulfide odor lenticels toe of slope, fringing lowland Remarks (describe recorded data from stream gauge, monitoring well, aerial photos, previous inspections, if available): 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
Sampling Point Wet 9 VEGETATION -Use both common and scientific names of plants. Tree Stratum Plot size None Indicator Absolute Dominant? Wetland Status %Cover (yes/no) Indicter? Common name Scientific name (yes/no) 1. 2. 3. 4. 5. 6. 7. 8. 9. 0 = Total Cover ShrubLSagling Stratum Plot size Small Indicator Absolute Dominant? Wetland Status %Cover (yes/no) lndictor? Common name Scientific name (yes/no) 1. Elderberry FACW 20.5 Yes Yes 2. Swamp Rose FACW 20.5 Yes Yes 3. 4. 5. 6. 7. 8. 9. 41.0 = Total Cover Herb Stratum Plot size Small Indicator Absolute Dominant? Wetland Status %Cover (yes/no) Indicter? Common name Scientific name (yes/no) 1. Jewellweed FACW 38.0 Yes Yes 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 38.0 = Total Cover 2 Form Revised July 2023
Sampling Point Wet 9 VEGETATION -continued. Woody_ Vine Stratum Plot size None Indicator Absolute Dominant? Wetland Status %Cover (yes/no) lndictor? Common name Scientific name (yes/no) 1. 2. 3. 4. 0 = Total Cover Ra(2id Test: Do all dominant species have an indicator status of OBL or FACW? Yes ..L::J No I I Dominance Test: Number of Number of dominant species that are Do wetland indicator plants make up dominant species wetland indicator plants ~ 50% of dominant plant species? Yes rz::=r-No I I Prevalence Index: Total% Cover (all strata) Multiply by: Result OBLspecies Xl =O FACW species 79.0 X2 =O /5 .. K -FAC species X3 =O FACU species X4 =O UPL species XS =O Column Totals (A) 0 7'i.f) (B) 0 /L\ &' Prevalence Index B/A= J?r ,_ Is the Prevalence Index $; 3.0? Yes 0 No □ Wetland vegetation criterion met? Yes Iv I 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. (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
Sampling Point Wet 9 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 Location2 Texture Remarks 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 OHistosol (Al} ..LJ.. Polyvalue Below Surface (S8} D_2 cm Muck (Al0} LJHistic Epipedon (A2) LJ Thin Dark Surface (S9) LJ 5 cm Mucky Peat or Peat (S3} lJ.Black Histic (A3} ..LJ.. Loamy Gleyed Matrix {F2} 0 Iron-Manganese Masses (F12} QHydrogen Sulfide (A4} D. Depleted Matrix (F3) D Mesic Spodic (A17) Ostratified Layers (AS) LJ Redox Dark Surface (FG) 0 Red Parent Material (F21} ODepleted Below Dark Surface (All) ..LJ.. Depleted Dark Surface (F7} D Very Shallow Dark Surface (F22) D Thick Dark Surface {A12} D. Redox Depressions (F8} Usandy Mucky Mineral {Sl} Usandy Gleyed Matrix (S4) Usandy Redox (SS) D Other {Include Explanation in Ostripped Matrix {SG} Remarks) Li Dark Surface (S7) Restrictive Layer (if observed) Type: Depth (inches): Remarks: Soils not evaluated due to all FACW or OBL species Hydric Soils criterion met? Yes n No I Form Revised July 2023 4
Conservation Notice of Intent (NOi) Abutter List for Subject Parcel 028028
Property owners within 100 feet of the perimeter of the subject parcel upon which work is proposed.
Parcel ID Ownerl Owner2 Address Line 1 Address Line 2
028004 MCINTIRE, P & BARTLETT N TRS SANDY TERRACES ASSOCIATES POBOX98
028026 GREGORY-ALLEN, RICHARD W 530 WAKEBY RD
028028 MAIN, MICHAEL D & SOBEL, GARY J 546 W AKEBY ROAD
028058 PLACE, STEPHEN C & CAROLE A 8 AUD REYS LANE
028062 MORIN, NICHOLAS 543 WAKEBY ROAD
028064 DEVINCENT, CASEY & HRISTINA 20 BRENDA'S LANE
Page 1 of1 Total Number of Abutters: 6
City State Zip
MARSTONS MILLS MA 02648
MARSTONS MILLS MA 02648
MARSTONS MILLS MA 02648
MARSTONS MILLS MA 02648
MARSTONS MILLS MA 02648
MARSTONS MILLS MA 02648
Report Generated On: 3/4/2026 10:01 AM
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.
Conservation Notice oflntent (NOi) Abutter Map for Subject Parcel 028028
Property owners within 100 feet of the perimeter of the subject parcel upon which work is proposed.
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029035
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028001
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028005
Town of Barnstabl
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gis@town.barnstable.ma.us
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Abutters
□ 100 ft. Buffer
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•• Town Boundary
~ Railroad Tracks
Buildings
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0
0 113 225
1 inch = approx. 225 ft
Printed on: 3/4/2026
NOTICE OF INTEN ABUTTER NOTIFICATION LETTER DATE: 3/17/2026 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 OTICE OF INTENT application has been filed with the Barnstable Conservation Commission. APPLICANT: GARY SOBEL PROJECT ADDRESS OR LOCATION: 546 WAKEBY ROAD ASSESSOR'S MAP & PARCEL: PROJECT DESCRIPTION: APPLICANT'S AGENT: PUBLIC HEARING: MARSTONS MILLS MAP~ PARCEL~ construction of an addition/renovation to an existing single family dwelling; after the fact repair/replacement of a wooden stairway to the beach DOWN CAPE ENGINEERING, INC 939 ROUTE 6A YARMOUTHPORT, 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: 3;31 ;2026 630 TIME: ____ ___..:..P..:.a.M=. NOTE: Plans and applications describing the proposed activity are on file with the Conservation Commission at htt_ps://itlaserfiche.town.bamstable.ma.us/WebLink/Browse.aspx?id=825530&dbid=0&repo=TownOfBams table, by email to Kimberly.Cavanaugb@town.barnstable.ma.us or by calling (508-862-4093)
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Town of Barnstable Conservation Commission 230 South Street Hyannis Massachusetts 02601 I Form PA I Office: 508-862-4093 E-mail: conservauon@town.barnstable.ma.us Permission to Access Property Property owner's name(s): GARY SOBEL/MICHAEL MAIN Applicant's (Representative's) Name(s)DANIEL A OJALA PE. PLS. DOWN CAPE ENGINEERING INC Project street address 546 WAKEBY ROAD, MARSTONS MILLS Barnstable Assessor's Map & Parcel: Map_2_8 __ _ Parcel 28 -----Applicant's Contact Phone Number: _7_0_4_-4_5_1_-_2_25_6 __________ _ 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 perm1ss1on 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. n ~ve read /e--a,ve/.nd, I undttand and agree to allow inspections as described. ~W--lc:: fl.,t /f//,1,//\ ~ ,.-\-z..e,, Signature of property owner Date signed ,2--?J LO,~ --==== Representative's signature Date signed .\dopted !\larch 15, 2022, dfec1tvc April 18, 2022
Go gle Maps 230 South St, Hyannis, MA 02601 to 546 Wakeby Rd, Marstons Mills, MA 02648 230 South St Hyannis, MA 02601 Continue to Main St t 1. Head toward Main St r+ 2. Turn right toward Main St Follow Main St and Falmouth Rd to Main St 51 sec (0.1 mi) 39 ft 482 ft 15 min (6.6 mi) +, 3. Turn left onto Main St 0.7mi Q' 4. At the traffic circle, take the 2nd exit onto W Main St 2.1 mi +, 5. Turn left onto Falmouth Rd 3.8 mi Take Lovell's Ln to River Rd 2 min (0.8 mi) r+ 6. Turn right onto Main St 0.2 mi r+ 7. Turn right onto Lovell's Ln 0.7mi t 8. Continue onto River Rd 1 min (0.6 mi) +, 9. Turn left onto Wakeby Rd 0 Destination will be on the right 2 min (1.0 mi) 546 Wakeby Rd Marstons Mills, MA 02648 Drive 9.2 miles, 23 min
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