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HomeMy WebLinkAboutNOI_54 Circle Drive_Hyannis Port_4-1-26_compressed 1APPLICANT Francisco Vargas 220 Plain Street Mansfield, MA 02048 REPRESENTATIVE Environmental Consulting & Restoration, LLC P.O. Box 4012 Plymouth, MA 02361 (617) 529-3792 NOTICE OF INTENT 54 Circle Drive, Hyannis Port SUBMITTED TO Barnstable Conservation Commission April 2026 P.O. Box 4012, Plymouth, Massachusetts 02361 617-529-3792 | www.ecrwetlands.com April 1, 2026 Town of Barnstable Conservation Commission 230 South Street Hyannis, MA 02601 Attn.: Edwin Hoopes, Conservation Administrator RE: Notice of Intent, Proposed Pool & Pavilion Project, 54 Circle Drive, Hyannis Port (Barnstable) Dear Mr. Hoopes & Members of the Conservation Commission: Please accept this Notice of Intent application for the proposed pool and pavilion project associated with the existing single-family home located at 54 Circle Drive in Barnstable (the Site). The Town of Barnstable Assessors Department references the site Map ID# 288-036. The proposed project occurs within the 100-foot buffer zone to a Bordering Vegetated Wetland associated with Simmons Pond. This application is being submitted in accordance with the Massachusetts Wetlands Protection Act and Town of Barnstable Wetland Bylaw. If you have any questions or require additional information, please contact me at (617) 529- 3792. Sincerely, Environmental Consulting & Restoration, LLC Brad Holmes, PWS, MCA Manager CC: MassDEP – Southeast Regional Office, sero_noi@mass.gov Canal Land Surveying and Permitting Inc., canalsurvey@verizon.net Francisco Vargas, 220 Plain Street, Mansfield MA 02048, fvargas@tingleyrubber.com NOTICE OF INTENT TABLE OF CONTENTS Item Attachment Town of Barnstable NOI Checklist ................................................................................... 1 WPA Form 3: Notice of Intent .......................................................................................... 2 Project Narrative ............................................................................................................. 3 USGS Site Locus Map .................................................................................................... 4 FEMA F.I.R.M. ................................................................................................................ 5 Massachusetts Natural Heritage & Endangered Species (MaNHESP) Map .................... 6 Abutter List (100’) ............................................................................................................ 7 Abutter Notification Letter ................................................................................................ 8 Barnstable Form PA ........................................................................................................ 9 Barnstable Form WC ..................................................................................................... 10 Directions to Site ........................................................................................................... 11 Site Plan(s) ................................................................................................................... 12 Chap 707/rev. February 2025 Page 1 CHAPTER 707 Regulation Governing Minimum Submission Requirements for a Notice of Intent Application The Barnstable Conservation Commission has adopted the following requirements in order to obtain more consistently complete submission documents necessary for a thorough and efficient review of all Notice of Intent (NOI) applications. Failure to complete any of the items in this checklist may result in your application being denied. Applicant or applicant’s agent should check each box denoting that the task has been completed or in certain instances, like field staking, denoting that the task will be completed. The following submission checklist covers the requirements of Chapter 237, Wetlands Protection, of the Part I General Ordinances of the Code of the Town of Barnstable. This checklist shall be submitted to the Barnstable Conservation Division with the NOI application. 1. Requirements a. The applicant understands, unless they’ve instructed otherwise, they are applying both under the Massachusetts Wetlands Protection Act M.G.L. c.131,§40 and Chapter 237 of the Town of Barnstable General Ordinances. b. Attach a written narrative to the NOI application (WPA Form 3), available at: www.mass.gov/eea/agencies/massdep/service/approvals/wpa-form-3.html describing any project impacts and proposed mitigation as they relate to the following: 1) Any of the interests of Chapter 237 of the General Ordinances and the MassDEP Wetlands Protection Act M.G.L. 131, §40. 2) The performance standards contained in the MassDEP Wetlands Protection Regulations (310 CMR 10.00) 3) Chapter 704: Regulation Governing Activity in the 100-ft. Buffer Zone. 4) Chapter 703: Private Docks and Piers. 5) Any other applicable regulations (310 CMR 10.00 or as promulgated under Chapter 237 of the General Ordinances). c. Enclose proper payment to cover the fee for Chapter 237 filings. Consult current Fee Schedule at www.townofbarnstable.us/Conservation d. Please indicate who is to record the Order of Conditions (check one): Applicant Agent 2. Abutter Notification (See Abutter Notification Regulation, Chapter 706) Town of Barnstable Conservation Commission 230 South Street Hyannis Massachusetts 02601 Office: 508-862-4093 E-mail: conservation@town.barnstable.ma.us n/a Chap 707/rev. February 2025 Page 2 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.townofbarnstable.us/Conservation/ b. Provide a copy of the list of abutters within a 100 ft radius of the project parcel. c. 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, 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 237 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 Date 3. 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 corners 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. 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. 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 (1" = 20' preferred). For multi-acre sites, a second site plan, drawn at larger scale showing the entire site, should also be provided. 4/1/26 Chap 707/rev. February 2025 Page 3 c. Provide a signed Permission to Access Property, Form PA. The form must be signed by the property Owner, or legal representative and submitted with the NOI. . Form PA is available at www.townofbarnstable.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: 1. species (chosen from the Town of Barnstable Conservation Commission approved planting lists), sizes, densities and/or quantities. 2. area calculations in 0’ - 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. e. Provide detailed, written street directions to the locus (site). f. Provide a copy of a U.S.G.S. locus map indicating the general area of the project site. g. Provide a check for the Town of Barnstable portion of the required filing fee. (The portion payable to the Commonwealth, see 7. e. below) h. Provide any other documentation, photographs, architectural renderings or other supporting data prepared by professionals competent in the field which may be relevant to the application. 6. The site plan shall also show: a. All existing and proposed contours at 2-ft. minimum intervals (1-ft. preferred). b. Clear delineation of all existing and proposed structures and features. Building structures must be accurately dimensioned (fixed location) from property lines and wetland resource areas. Plans shall provide sufficient detail to show all potential wetland impacts, mitigation, compensatory areas, engineered structures, utilities, landscaping, etc. within the area of jurisdiction. On complicated sites, existing and proposed conditions must be shown on separate sheets. c. Locus inset map of the site clearly showing its location relative to surrounding public streets. d. All wetland resource area flags by individual flag number (matched to the field) to clearly identify all resource areas on or within 100 feet of the work area. The individual who performed the flagging and date of flagging shall be identified on the plan next to the resource line. e. Section views showing changes in grade, cuts and fills. 7. SUBMISSION OF THE COMPLETED APPLICATION WITH PLANS: a. Email NOI application and all associated materials in PDF format to Kimberly.Cavanaugh@town.barnstable.ma.us AND Edwin.Hoopes@town.barnstable.ma.us Do not include copies of checks. All attachments must be named with the hearing date (year first), type, name, address. Examples 20220301 NOI Smith 21 Main Street or 2022031 NOI Plan Smith 21 Main Street. b. 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 4 c. 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.* d. 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. e. For roadway construction or repair projects, provid e 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. f. 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. In 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 g. 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: 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 day of in the year in accordance with the Town of Barnstable “Regulation Governing Minimum Submission Requirements for a Notice of Intent Application” by: (Print Name) Owner / Applicant Signature Telephone Number Owner’s Authorized Agent Signature Telephone Number Approved: May 28, l997 Revised March 15, 2022 Revised: May 12, 2015 Revised February 5, 2025 Revised: August 23, with minor rev. Sept. 6, 2016 2nd April 2026 Brad Holmes | ECR 617-529-3792 Francisco Vargas wpaform3.doc • rev. 12/4/2023 Page 1 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Barnstable City/Town Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. Note: Before completing this form consult your local Conservation Commission regarding any municipal bylaw or ordinance. A. General Information 1. Project Location (Note: electronic filers will click on button to locate project site): 54 Circle Drive a. Street Address Hyannis Port (Barnstable) b. City/Town 02647 c. Zip Code Latitude and Longitude: d. Latitude e. Longitude 288 f. Assessors Map/Plat Number 036 g. Parcel /Lot Number 2. Applicant: Francisco a. First Name Vargas b. Last Name c. Organization 220 Plain Street d. Street Address Mansfield e. City/Town MA f. State 02048 g. Zip Code h. Phone Number i. Fax Number fvargas@tingleyrubber.com j. Email Address 3. Property owner (required if different from applicant): Check if more than one owner same as applicant a. First Name b. Last Name c. Organization d. Street Address e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number j. Email address 4. Representative (if any): Brad a. First Name Holmes b. Last Name Environmental Consulting & Restoration LLC c. Company PO Box 4012 d. Street Address Plymouth e. City/Town MA f. State 02361 g. Zip Code 617-529-3792 h. Phone Number i. Fax Number brad@ecrwetlands.com j. Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $220.00 a. Total Fee Paid $97.50 b. State Fee Paid $122.50 c. City/Town Fee Paid wpaform3.doc • rev. 12/4/2023 Page 2 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Barnstable City/Town A. General Information (continued) 6. General Project Description: The proposed project includes the construction of an inground pool and pavilion associated with an existing family home. The proposed project is located within the 100-foot buffer zone to a Bordering Vegetated Wetland. For more information, please refer to the Project Narrative. 7a. Project Type Checklist: (Limited Project Types see Section A. 7b.) 1. Single Family Home 2. Residential Subdivision 3. Commercial/Industrial 4. Dock/Pier 5. Utilities 6. Coastal engineering Structure 7. Agriculture (e.g., cranberries, forestry) 8. Transportation 9. Other 7b. Is any portion of the proposed activity eligible to be treated as a limited project (including Ecological Restoration Limited Project) subject to 310 CMR 10.24 (coastal) or 310 CMR 10.53 (inland)? 1. Yes No If yes, describe which limited project applies to this project. (See 310 CMR 10.24 and 10.53 for a complete list and description of limited project types) 2. Limited Project Type If the proposed activity is eligible to be treated as an Ecological Restoration Limited Project (310 CMR10.24(8), 310 CMR 10.53(4)), complete and attach Appendix A: Ecological Restoration Limited Project Checklist and Signed Certification. 8. Property recorded at the Registry of Deeds for: Barnstable a. County b. Certificate # (if registered land) 7326 c. Book 0332 d. Page Number B. Buffer Zone & Resource Area Impacts (temporary & permanent) 1. Buffer Zone Only – Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland, Inland Bank, or Coastal Resource Area. 2. Inland Resource Areas (see 310 CMR 10.54-10.58; if not applicable, go to Section B.3, Coastal Resource Areas). Check all that apply below. Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. wpaform3.doc • rev. 12/4/2023 Page 3 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Barnstable City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d) For all projects affecting other Resource Areas, please attach a narrative explaining how the resource area was delineated. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. Bank 1. linear feet 2. linear feet b. Bordering Vegetated Wetland 1. square feet 2. square feet c. Land Under Waterbodies and Waterways 1. square feet 2. square feet 3. cubic yards dredged Resource Area Size of Proposed Alteration Proposed Replacement (if any) d. Bordering Land Subject to Flooding 1. square feet 2. square feet 3. cubic feet of flood storage lost 4. cubic feet replaced e. Isolated Land Subject to Flooding 1. square feet 2. cubic feet of flood storage lost 3. cubic feet replaced f. Riverfront Area 1. Name of Waterway (if available) - specify coastal or inland 2. Width of Riverfront Area (check one): 25 ft. - Designated Densely Developed Areas only 100 ft. - New agricultural projects only 200 ft. - All other projects 3. Total area of Riverfront Area on the site of the proposed project: square feet 4. Proposed alteration of the Riverfront Area: a. total square feet b. square feet within 100 ft. c. square feet between 100 ft. and 200 ft. 5. Has an alternatives analysis been done and is it attached to this NOI? Yes No 6. Was the lot where the activity is proposed created prior to August 1, 1996? Yes No 3. Coastal Resource Areas: (See 310 CMR 10.25-10.35) Note: for coastal riverfront areas, please complete Section B.2.f. above. wpaform3.doc • rev. 12/4/2023 Page 4 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Barnstable City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d) Check all that apply below. Attach narrative and supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. Designated Port Areas Indicate size under Land Under the Ocean, below b. Land Under the Ocean 1. square feet 2. cubic yards dredged c. Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below d. Coastal Beaches 1. square feet 2. cubic yards beach nourishment e. Coastal Dunes 1. square feet 2. cubic yards dune nourishment Size of Proposed Alteration Proposed Replacement (if any) f. Coastal Banks 1. linear feet g. Rocky Intertidal Shores 1. square feet h. Salt Marshes 1. square feet 2. sq ft restoration, rehab., creation i. Land Under Salt Ponds 1. square feet 2. cubic yards dredged j. Land Containing Shellfish 1. square feet k. Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1. cubic yards dredged l. Land Subject to Coastal Storm Flowage 1. square feet 4. Restoration/Enhancement If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.2.b or B.3.h above, please enter the additional amount here. a. square feet of BVW b. square feet of Salt Marsh 5. Project Involves Stream Crossings a. number of new stream crossings b. number of replacement stream crossings wpaform3.doc • rev. 12/4/2023 Page 5 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Barnstable City/Town C. Other Applicable Standards and Requirements This is a proposal for an Ecological Restoration Limited Project. Skip Section C and complete Appendix A: Ecological Restoration Limited Project Checklists – Required Actions (310 CMR 10.11). Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review 1. Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program (NHESP)? To view habitat maps, see the Massachusetts Natural Heritage Atlas or go to http://maps.massgis.state.ma.us/PRI_EST_HAB/viewer.htm. a. Yes No If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife 1 Rabbit Hill Road Westborough, MA 01581 Phone: (508) 389-6360 August 2021 b. Date of map If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18). To qualify for a streamlined, 30-day, MESA/Wetlands Protection Act review, please complete Section C.1.c, and include requested materials with this Notice of Intent (NOI); OR complete Section C.2.f, if applicable. If MESA supplemental information is not included with the NOI, by completing Section 1 of this form, the NHESP will require a separate MESA filing which may take up to 90 days to review (unless noted exceptions in Section 2 apply, see below). c. Submit Supplemental Information for Endangered Species Review 1. Percentage/acreage of property to be altered: (a) within wetland Resource Area percentage/acreage (b) outside Resource Area percentage/acreage 2. Assessor’s Map or right-of-way plan of site 2. Project plans for entire project site, including wetland resource areas and areas outside of wetlands jurisdiction, showing existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work  (a) Project description (including description of impacts outside of wetland resource area & buffer zone) (b) Photographs representative of the site  Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review (see https://www.mass.gov/ma- endangered-species-act-mesa-regulatory-review). Priority Habitat includes habitat for state-listed plants and strictly upland species not protected by the Wetlands Protection Act.  MESA projects may not be segmented (321 CMR 10.16). The applicant must disclose full development plans even if such plans are not required as part of the Notice of Intent process. wpaform3.doc • rev. 12/4/2023 Page 6 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Barnstable City/Town C. Other Applicable Standards and Requirements (cont’d) (c) MESA filing fee (fee information available at https://www.mass.gov/how-to/how-to-file-for- a-mesa-project-review). Make check payable to “Commonwealth of Massachusetts - NHESP” and mail to NHESP at above address Projects altering 10 or more acres of land, also submit: (d) Vegetation cover type map of site (e) Project plans showing Priority & Estimated Habitat boundaries (f) OR Check One of the Following 1. Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, https://www.mass.gov/service-details/exemptions-from-review-for-projectsactivities-in- priority-habitat; the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR 10.37 and 10.59.) 2. Separate MESA review ongoing. a. NHESP Tracking # b. Date submitted to NHESP 3. Separate MESA review completed. Include copy of NHESP “no Take” determination or valid Conservation & Management Permit with approved plan. 3. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? a. Not applicable – project is in inland resource area only b. Yes No If yes, include proof of mailing, hand delivery, or electronic delivery of NOI to either: South Shore - Bourne to Rhode Island border, and the Cape & Islands: Division of Marine Fisheries - Southeast Marine Fisheries Station Attn: Environmental Reviewer 836 South Rodney French Blvd. New Bedford, MA 02744 Email: dmf.envreview-south@mass.gov North Shore - Plymouth to New Hampshire border: Division of Marine Fisheries - North Shore Office Attn: Environmental Reviewer 30 Emerson Avenue Gloucester, MA 01930 Email: dmf.envreview-north@mass.gov Also if yes, the project may require a Chapter 91 license. For coastal towns in the Northeast Region, please contact MassDEP’s Boston Office. For coastal towns in the Southeast Region, please contact MassDEP’s Southeast Regional Office. c. Is this an aquaculture project? d. Yes No If yes, include a copy of the Division of Marine Fisheries Certification Letter (M.G.L. c. 130, § 57). wpaform3.doc • rev. 12/4/2023 Page 7 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Barnstable City/Town C. Other Applicable Standards and Requirements (cont’d) Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. 4. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? a. Yes No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP Website for ACEC locations). Note: electronic filers click on Website. b. ACEC 5. Is any portion of the proposed project within an area designated as an Outstanding Resource Water (ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00? a. Yes No 6. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Restriction Act (M.G.L. c. 131, § 40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § 105)? a. Yes No 7. Is this project subject to provisions of the MassDEP Stormwater Management Standards? a. Yes. Attach a copy of the Stormwater Report as required by the Stormwater Management Standards per 310 CMR 10.05(6)(k)-(q) and check if: 1. Applying for Low Impact Development (LID) site design credits (as described in Stormwater Management Handbook Vol. 2, Chapter 3) 2. A portion of the site constitutes redevelopment 3. Proprietary BMPs are included in the Stormwater Management System. b. No. Check why the project is exempt: 1. Single-family house 2. Emergency road repair 3. Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi-family housing project) with no discharge to Critical Areas. D. Additional Information This is a proposal for an Ecological Restoration Limited Project. Skip Section D and complete Appendix A: Ecological Restoration Notice of Intent – Minimum Required Documents (310 CMR 10.12). Applicants must include the following with this Notice of Intent (NOI). See instructions for details. Online Users: Attach the document transaction number (provided on your receipt page) for any of the following information you submit to the Department. 1. USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for the Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.) 2. Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area. wpaform3.doc • rev. 12/4/2023 Page 8 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Barnstable City/Town D. Additional Information (cont’d) 3. Identify the method for BVW and other resource area boundary delineations (MassDEP BVW Field Data Form(s), Determination of Applicability, Order of Resource Area Delineation, etc.), and attach documentation of the methodology. 4. List the titles and dates for all plans and other materials submitted with this NOI. Plot Plan- Showing Ex Conditions and Plot Plan- Showing Proposed Conditions a. Plan Title Canal Land Surveying & Permitting b. Prepared By Peter Ryll, PLS c. Signed and Stamped by March 3, 2026 d. Final Revision Date 1" = 30 e. Scale f. Additional Plan or Document Title g. Date 5. If there is more than one property owner, please attach a list of these property owners not listed on this form. 6. Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. 7. Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. 8. Attach NOI Wetland Fee Transmittal Form 9. Attach Stormwater Report, if needed. E. Fees 1. Fee Exempt: No filing fee shall be assessed for projects of any city, town, county, or district of the Commonwealth, federally recognized Indian tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority. Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee Transmittal Form) to confirm fee payment: 117 2. Municipal Check Number 4/1/26 3. Check date 118 4. State Check Number 4/1/26 5. Check date Francisco 6. Payor name on check: First Name Vargas 7. Payor name on check: Last Name 4/1/26 noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. A. Applicant Information 1. Location of Project: 54 Circle Drive a. Street Address Hyannis Port (Barnstable) b. City/Town 118 c. Check number $97.50 d. Fee amount 2. Applicant Mailing Address: Francisco a. First Name Vargas b. Last Name c. Organization 220 Plain Street d. Mailing Address Mansfield e. City/Town MA f. State 02048 g. Zip Code h. Phone Number i. Fax Number fvargas@tingleyrubber.com j. Email Address 3. Property Owner (if different): same as applicant a. First Name b. Last Name c. Organization d. Mailing Address e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number j. Email Address To calculate filing fees, refer to the category fee list and examples in the instructions for filling out WPA Form 3 (Notice of Intent). B. Fees Fee should be calculated using the following process & worksheet. Please see Instructions before filling out worksheet. Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. Step 2/Number of Activities: Identify the number of each type of activity. Step 3/Individual Activity Fee: Identify each activity fee from the six project categories listed in the instructions. Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2) times the fee per category (identified in Step 3) to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be multiplied by 1.5 and then added to the subtotal amount. Step 5/Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step 6/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract $12.50. To calculate the city/town share of the fee, divide the total fee in half and add $12.50. noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 2 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Fees (continued) Step 1/Type of Activity Step 2/Number of Activities Step 3/Individual Activity Fee Step 4/Subtotal Activity Fee Cat. 1 2 $110.00 $220.00 Barnstable Bylaw: $400.00 ($200 per activity) Step 5/Total Project Fee:$220.00 Step 6/Fee Payments: Total Project Fee: $220.00 a. Total Fee from Step 5 State share of filing Fee: $97.50 b. 1/2 Total Fee less $12.50 City/Town share of filling Fee: $122.50 c. 1/2 Total Fee plus $12.50 C. Submittal Requirements a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to the Commonwealth of Massachusetts. Department of Environmental Protection Box 4062 Boston, MA 02211 b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and the city/town fee payment. To MassDEP Regional Office (see Instructions): Send a copy of the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and a copy of the state fee payment. (E-filers of Notices of Intent may submit these electronically.) Notice of Intent 54 Circle Drive, Barnstable - 1 - | P a g e PROJECT NARRATIVE 1. Introduction This Notice of Intent application has been submitted for the proposed pool and pavilion project associated with the existing single-family home located at 54 Circle Drive in Barnstable (the Site). The Town of Barnstable Assessors Department references the site Map ID# 288-036. The proposed project occurs within the 100-foot buffer zone to a Bordering Vegetated Wetland associated with Simmons Pond. This application is being submitted in accordance with the Massachusetts Wetlands Protection Act and Town of Barnstable Wetland Bylaw. 2. Site Description The site consists of a single-family home with a paved driveway, garage, maintained lawn, landscaped areas, etc. The site is located to the west of Circle Drive along the eastern shore of Simmons Pond and is surrounded by similar single-family homes to the north and south. There is maintained lawn along the front, side and rear of the home with a pathway that extends to the shore of Simmons Pond. Environmental Consulting & Restoration LLC (ECR) performed a wetland delineation at the site on October 29, 2025 and delineated the Bordering Vegetated Wetland (BVW) that exists just landward of Simmons Pond. BVW flags (pink and black ribbon) #A1 to #A9 were placed along the landward limit of the resource area in the field. As a result of the field work and review of available environmental databases, ECR confirms the site contains the following wetland resource areas and areas of Conservation Commission jurisdiction: • Bordering Vegetated Wetlands • 100-foot buffer zone to BVW A review of the MassMapper wetland database indicates the following: 1. The site is not located within an area mapped as Priority Habitat & Estimated Habitat for Rare Species according to the Massachusetts Natural Heritage & Endangered Species Program (MaNHESP). 2. The site does not contain or is near a Certified Vernal Pool according to the MaNHESP. 3. The site is not located within an area mapped as Land Subject to Flooding according to the FEMA Maps. 4. The site does not contain or is near a U.S.G.S. mapped stream. 5. The site is not located within an Area of Critical Environmental Concern (ACEC). 3. Proposed Activities The proposed project includes the construction of a new inground pool, pavilion and associated patio located within the 100-foot buffer zone to the BVW. Please note, the project also includes a multi-use court, driveway expansion and new walkway that are all located landward of the 100-foof buffer zone and beyond the Conservation Commission’s jurisdiction. Mitigation plantings are proposed to comply with the Town of Barnstable Wetland Regulations. The proposed activities are accessory to the existing single-family home onsite. Furthermore, the proposed work is located within previously disturbed portions of the site that currently exists as maintained lawn/ landscaped areas. The proposed activities and work sequence are detailed below. • Installation of Erosion Controls – Prior to the start of work a siltsock will be installed along the proposed limit of work to protect the downgradient BVW. Notice of Intent 54 Circle Drive, Barnstable - 2 - | P a g e • Proposed Inground Pool, Pavilion and Patio – The proposed pool, pavilion and patio is proposed to the rear of the home off the western corner of the existing building. The work is located entirely within an existing maintained lawn/landscaped area. All work is located landward of the 50-foot buffer zone. The work area can be accessed from the driveway and south side of the existing home. All material and equipment will be stockpiled landward of the 50-foot buffer zone and landward of the 100-foot buffer zone where possible. If dewatering is necessary, water will be pumped to a sediment bag (or similar containment system) located landward of the 100-foot buffer zone. • Landscape Activities - All disturbed areas surrounding the proposed project will be stabilized as lawn/landscaped bed. All landscape plant materials proposed within the 100- foot buffer zone at the site will consist of native plant species. The proposed lawn will consist of environmentally friendly grass seed mix that requires little maintenance needs such as irrigation and fertilization. ECR recommends using a grass seed mix with a high content of tall fescues, which requires less irrigation and fertilization needs. • Proposed Mitigation – In order to comply with Barnstable Wetland Bylaw and associated Regulations, a mitigation plan has been prepared as part of this project. The plan includes the complete restoration of the 0–50-foot buffer zone to the Bordering Vegetated Wetland. It has been calculated that the proposed project results in 2,225 square feet of additional hardscape within the 50–100-foot buffer zone. At a 3:1 ratio, mitigation equals 6,675 square feet. In the case of this site, the entire 50-foot buffer is proposed to be restored, which totals 6,000 square feet. As stated in the Barnstable Wetland Bylaw, in no case shall the total area of mitigation plantings required be greater than that which is necessary to restore a 50 ft. undisturbed buffer in its entirety. For more information, please refer to the attached plan. 4. Summary Sediment control measures will be implemented and maintained throughout the duration of the construction process to prevent the conveyance of sedimentation into environmentally sensitive areas. Disturbed areas will be stabilized upon the completion of work, and if intense rainfall is expected, reinforcing control measures will be installed as needed to protect all wetland resource areas. The stockpiling of soil or material, if any, shall be located beyond the 50-foot buffer zone and surrounded by erosion controls as necessary. Erosion control measures shall remain in place and be maintained until such time that a Certificate of Compliance has been issued by the Barnstable Conservation Commission, stating that the project has been constructed in accordance with the conditions set forth in the Order of Conditions. As a result, it is my opinion that the project protects the Interests of the Massachusetts Wetlands Protection Act and the Town of Barnstable Wetlands Protection Bylaw for the adjacent Resource Area and the Applicant is entitled to an Order of Conditions approving the project. USGS SITE LOCUS MAP 54 Circle Drive Hyannis Port, Massachusetts Source: MassMapper – USGS Quadrangle Map N  SITE FEMA F.I.R.M 54 Circle Drive Hyannis Port, Massachusetts Source: FEMA Map 25001C0568J; Eff. 7/16/2014 N  SITE Priority Habitats of Rare Species, Estimated Habitat of Rare Wildlife & Certified Vernal Pools Map 54 Circle Drive Hyannis Port, Massachusetts Source: MassMapper – 15th Edition of the Massachusetts Natural Heritage Atlas August 2021 N  SITE Conservation Notice of Intent (NOI) Abutter List for Subject Parcel 288036 Property owners within 100 feet of the perimeter of the subject parcel upon which work is proposed. Parcel ID Owner 1 Owner 2 Address Line 1 Address Line 2 City State Zip 288033001 PARSONS, ROLAND J & SUZANNE M TRS PARSONS FAM INVESTMENT TR 56 SMITH STREET HYANNIS 02601MA 288033002 CHOU, JEFFREY & LANDRY, ADAIRA 26 PENFIELD STREET BOSTON 02131MA 288035 MCMORROW, JAMES F 17 CIRCLE DRIVE HYANNIS 02601MA 288036 VARGAS, FRANCISCO J 220 PLAIN STREET MANSFIELD 02048MA 288037 CHEN, MICHAEL & LUCY 29 KNOB HILL STREET SHARON 02067MA 288038 GULACHENSKI, ALAN & ELIZABETH J 2 PRESIDENTIAL DR SOUTHBOROUGH 01772MA 288039 PIEKARSKI, DREW D & REBECCA F 56 HASLEY AVENUE WELLESLEY 02482MA 288040 DEL PRETE, STEPHEN D & DONNA R TRS STEPHEN & DONNA DEL PRETE LIVING TRUST 125 ASH STREET REHOBOTH 02769MA 288190 BODRATO, G & M & ROONEY, M & S 541 GRUMAN COURT RIVERVALE 07675NJ 288206 VARGAS, FRANCISCO J 220 PLAIN STREET MANSFIELD 02048MA 288221 FRAIL, THOMAS A&SCHAFFER, JANICE LEE TRS FRAIL-SCHAFFER FAMILY TRUST 4918 EARLSTON DRIVE BETHESDA 20816MD 2/18/2026 10:59 AMReport Generated On:Page 1 of 1 11Total Number of Abutters: This list by itself does NOT constitute a "Certified List of Abutters" and is provided only as an aid to the determination of abutters. If a Certified Abutter List is required, you must contact the Assessing Division to have this list certified. 960.00 Conservation Notice of Intent (NOI) Abutter Map for Subject Parcel 288036 This map is for illustration purposes only. It is not adequate for legal boundary determination or regulatory interpretation. This map does not represent an on-the-ground survey. It may be generalized, may not reflect current conditions, and may contain cartographic errors or omissions. Legend Property owners within 100 feet of the perimeter of the subject parcel upon which work is proposed. Parcel lines shown on this map are only graphic representations of Assessor’s tax parcels. They are not true property boundaries and do not represent accurate relationships to physical objects on the map such as building locations. 40 Town of Barnstable GIS Unit 80 2/18/2026 gis@town.barnstable.ma.us Printed on: 0 ft.80 Subject Parcel Abutters 100 ft. Buffer ft. 1 inch = approx. Parcels Town Boundary Railroad Tracks Buildings Approx. Building Buildings Painted Lines Parking Lots Paved Unpaved Driveways Paved Unpaved Roads Paved Road Unpaved Road Bridge Paved Median Streams Marsh Water Bodies NOTICE OF INTENT ABUTTER NOTIFICATION LETTER DATE: RE: Upcoming Barnstable Conservation Commission Public Hearing To Whom It May Concern, As an abutter within 100 feet of a proposed project, please be advised that a NOTICE OF INTENT application has been filed with the Barnstable Conservation Commission. APPLICANT: PROJECT ADDRESS OR LOCATION: ASSESSOR’S MAP & PARCEL: MAP PARCEL PROJECT DESCRIPTION: ________________________________________________________ APPLICANT’S AGENT: PUBLIC HEARING: WILL BE HELD REMOTELY VIA ZOOM See agenda posting on Town Clerks website available at least 48 hours in advance of the meeting for details. DATE: / / TIME: P.M. NOTE: Plans and applications describing the proposed activity are on file with the Conservation Commission at https://itlaserfiche.town.barnstable.ma.us/WebLink/Browse.aspx?id=825530&dbid=0&repo=TownOfBarns table, by email to Kimberly.Cavanaugh@town.barnstable.ma.us or by calling (508-862-4093) Brad Holmes | ECR PO Box 4012, Plymouth MA 02361 brad@ecrwetlands.com Francisco Vargas 54 Circle Drive, Hyannis Port 288 036 Proposed inground pool, pavilion and patio located within the 100-foot buffer zone to a Bordering Vegetated Wetland. 4/1/26 4/1/26 4/1/26 S 12°46'3 0 " W46.82' S 77°13'30" E119.90' A59.31'R159.66'D21°17'03" N 08°30 ' 3 0 " W80.00'N 08°30'30" W31.19' A28.11'R55.00'D29°17'00" N 69°13'40" W145.00' N 77°13'30" W129.00' A218.20'R55.00'D227°18'29" S 38°57'20" W49.41'CIRCLE DRIVEPA V E M E N T E D G E EX I S T I N G DW E L L I N G #5 4 STONE WA LLPAVED DRIVEWAYCB/DH FOUND BVW A-9 50ft. BUFFER BRB/DISK FOUND BRB/DISK FOUND GAS GAS BVW A-8 BVW A-7 BVW A-6 BVW A-5 BVW A-4 BVW A-3 BVW A-2 BVW A-1 100ft. BUFFER FO U N D A T I O N POST POST POST POST BENCHEXISTINGFENCEEXISTINGFENCEEXISTINGFENCEGARDE N PA V E M E N T E D G E HEDGECESS P O O L CESS P O O L BUSH WGSI M M O N S P O N D PROPOSED16'x32'POOLPROPOSED20'x30'PAVILIONPROPOSEDDRIVEWAYPROPOSEDWALKWAYPROPOSED30'x60'MULTI-USECOURTPROPOSEDSTAMPEDCONCRETE50.7' 12.9' 20.9' PRO P O S E D COB B L E STON EPROPOSED2nd FLOORDECKEXISTINGDECKTO BEREMOVEDPR O P O S E D AD D I T I O N 7 8 9 10 11 12 13 14 15 15 14 13 12 11 10 9 8 7 13 14 15 1514 SHOWING PROPOSED CONDITIONS #54 CIRCLE ROAD CANAL LAND SURVEYING and PERMITTING INC. DRAWN: PDR CHECK: rjh Ph: (508) 888-5955 Email: canalsurvey@verizon.net 306 Old Plymouth Road, Sagamore Beach, MA 02562 land surveyors - engineers BARNSTABLE, MASSACHUSETTS SCALE: 1" = 30' JOB No 25-099 DATE:03MAR2026 ASSESSORS MAP 288 PARCEL 036 PLOT PLAN LOCUS MAP NOT TO SCALE LOCUS NOTES: 1. PROPERTY OWNER: FRANCISCO VARGAS 220 PLAIN STREET MANSFIELD, MA 02048 2. LAND SURVEYOR: RICHARD J. HOOD PLS CANAL LAND SURVEYING AND PERMITTING INC. 306 OLD PLYMOUTH ROAD SAGAMORE BEACH, MA 3. WETLAND SPECIALIST: BRAD HOLMES ENVIRONMENTAL CONSULTING & RESTORATION SERVICES LLC. P.O. BOX 1319 PLYMOUTH, MA 4. THE A PORTION OF LOCUS LIES WITHIN THE FEMA FLOOD ZONE X 0.2% ANNUAL CHANCE FLOOD HAZARD ZONE. AS SHOWN ON FEMA PANEL 25001C0568J EFF. DATED 7/16/2014. 5. ELEVATIONS ARE NAVD88. AND WERE ESTABLISHED USING GPS TIED INTO THE MACORS NETWORK. PROFESSIONAL LAND SURVEYOR THE EXISTING DWELLING SHOWN WAS LOCATED BY AN INSTRUMENT SURVEY ON 11/02/2025 AND EXISTS ON THE GROUND AS SHOWN. S 12°46'3 0 " W46.82' S 77°13'30" E119.90' A59.31'R159.66'D21°17'03" N 08°30 ' 3 0 " W80.00'N 08°30'30" W31.19' A28.11'R55.00'D29°17'00" N 69°13'40" W145.00' N 77°13'30" W129.00' A218.20'R55.00'D227°18'29" S 38°57'20" W49.41'CIRCLE DRIVEPA V E M E N T E D G E EX I S T I N G DW E L L I N G #5 4 STONE WA LLPAVED DRIVEWAYCB/DH FOUND BVW A-9 50ft. BUFFER BRB/DISK FOUND BRB/DISK FOUND GAS GAS BVW A-8 BVW A-7 BVW A-6 BVW A-5 BVW A-4 BVW A-3 BVW A-2 BVW A-1 100ft. BUFFER FO U N D A T I O N POST POST POST POST BENCHEXISTINGFENCEEXISTINGFENCEEXISTINGFENCEGARDE N PA V E M E N T E D G E HEDGECESS P O O L CESS P O O L BUSH WGSI M M O N S P O N D 7 8 9 10 11 12 13 14 15 15 14 13 12 11 10 9 8 7 13 14 15 1514 SHOWING EXISTING CONDITIONS #54 CIRCLE ROAD CANAL LAND SURVEYING and PERMITTING INC. DRAWN: PDR CHECK: rjh Ph: (508) 888-5955 Email: canalsurvey@verizon.net 306 Old Plymouth Road, Sagamore Beach, MA 02562 land surveyors - engineers BARNSTABLE, MASSACHUSETTS SCALE: 1" = 30' JOB No 25-099 DATE:03MAR2026 ASSESSORS MAP 288 PARCEL 036 PLOT PLAN LOCUS MAP NOT TO SCALE LOCUS PROFESSIONAL LAND SURVEYOR THE EXISTING DWELLING SHOWN WAS LOCATED BY AN INSTRUMENT SURVEY ON 11/02/2025 AND EXISTS ON THE GROUND AS SHOWN.