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HomeMy WebLinkAbout06092026 RDA FITZGERALD 210 KEVENEY LANETown of Barnstable Conservation Commission 230 South Street, Hyannis, MA 02601 E-mail: conservation@bamstable.gov Office: 508-862-4093 CHAPTER 710 GUIDELINES FOR SUBMITTING A REQUEST FOR DETERMINATION OF APPLICABILITY {RDA) APPLICATION NOTE: Request for Determination of Applicability applications will not be accepted more than 18 days before the hearing date. A. The Request for Detennination of Applicability is typically used for minor projects. Advance consultation with Conservation Division staff is encouraged. B. Complete the Request for Detennination of Applicability application (WPA Fonn 1) C. https :/ /www.mass.gov/ doc/wpa-fonn-1-reguest-for-determ ination-of-applicability-fillable-pdf/ down I oad and attach the following to it: QI 1. QI 2. QI 5. QI 6. ~ A signed "Permission to Access Property-Fonn PA". The form must be signed by the property owner, or legal representative, and submitted with the RDA application.. Form PA is available at https://bamstable.gov/departments/Conservation Do not send abutter letters out until Form PA is signed and submitted to the Conservation Division office. Your sketch of the project on an existing engineering plan, GIS plan or aerial image. The sketch or plan shall be drawn to approximate scale and shall depict both the project footprint and the offset distances to a wetland resource area (i.e. wetlands, coastal banks, dunes, etc.) The sketch shall also be signed and dated by the preparer. GIS plan may be obtained in Conservation. A copy of the locus map may be obtained from Conservation. Indicate project site with an arrow and write the word LOCUS. A list of direct abutters and Assessors map of their location. These are available on the town web site at town.barnstable.gov or you may request assistance from Conservation staff. Under Chapter 237, Wetlands Protection, of the General Ordinances of the Code of the Town of Barnstable, property owners actually touching on the subject parcel upon which work is proposed shall be notified. A copy of the abutter notification letter. Complete the letter supplied to you. The staff will issue you a date and time the public hearing will be held when the application is ready to be submitted. The notification letter should be sent by certified mail, the same day the application is submitted. Please plan on attending the hearing. A completed copy of this checklist. Email RDA application and all associated materials in PDF format to Kimberly.Cavanaugh@bamstable.gov and Edwin.Hoopes@bamstable.gov All attachments must be named with the hearing date (year first), type, name, address. Examples 2022030 I RDA Smith 21 Main Street or 2022031 RDA Plan Smith 21 Main Street. It is recommended that the email is sent for review in advance of submitting the paper portion of the filing to ensure it will be accepted. D. E. F. G. Make to copies of the application with items 1-6 attached. Submit the original plus 8 copies to the Conservation office along with the filing fee. Send 1 copy to Ma~sDEP, 20 Riverside Dr., Lakeville, MA 02347-1676. MassDEP also recommends applicants send their applications by email to Sr-.RO NOl(2/'mass.5ov. Town filing fee is $175 (except $225 for vista pruning or $400 for wetland delineation confinnation ). Fees shall be doubled for after-the-fact filings. Please make check payable to ··Town of Barnstable". Have project staked (strncture comers, resource areas and buffers) by Tuesdc.y 8:30 A.M .. one week prior to public hearing to facilitate field review of your pr,1ject. Conservation will submit the legal ad for publicat;on in a local ne\'1-Spaper. The applicant or his/her agent is responsible for payment of the legal ad fee pri0r to the hearing. The exact amount of the fee will be pre-calculated and posted on the Conservation Commission agenda on the Town Clerks website the Thursday before the hearing. Payment of the legal ad fee must be made by check (payable to the Town of Barnstable) and delivered to the Conservation office either by hand-delivery or by mail (Barnstable Conservation, 230 South Street, Hyannis, MA 0260 I). Submitted this, ~J ~day of),1~ in the year J___J_jj, ____ in accordance with the Town of Barnstable Chapter 710 Guidelines for Sitting a Request for D termination of Applicability by: (") .,-:::: {J~-\o....u L... c;r2.&~(t1.1.c..Q \'~:C.~ Print Name Owner/Applican ure ...,_ Owne?s Authorized Agent Signature F u,cv-J\~ ,A--0.)/\'-A-{Jc~ l>U:--,vJ"t. Important: When filling out forms on the computer, use only the tab key to move your cursor -do not use the return key. ~ ~ How to find Latitude and Longitude and how to convert to decimal degrees Massachusetts Department of Environmental Protection Bureau of Water Resources -Wetlands WPA Form 1-Request for Determination of Applicability BARNSTABLE Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Municipality A. General Information 1. 2. 3. B. 1. Applicant: PAUL FITZGERALD First Name Last Name PO BOX 312 Address CUMMAQUID MA 02637 City/Town State Zip Code 508-367-7311 PAULFITZ@COMCAST.NET Phone Number Email Address Property Owner (if different from Applicant): SHANGRI-LA-LA-LA NOMINEE TRUST First Name Last Name 210 KEVENEY LANE Address CUMMAQUID MA 02637 City/Town State Zip Code Phone Number Email Address (if known) Representative (if any) DANIELA OJALA,PE,PLS First Name Last Name DOWN CAPE ENGINEERING, INC Company Name 939 ROUTE 6A Address YARMOUTHPORT MA 02675 City/Town State Zip Code 508-362-4541 INFO@DOWNCAPE.COM Phone Number Email Address (if known) Project Description a. Project Location (use maps and plans to identify the location of the area subject to this request): 210 KEVENEY LANE Street Address 41.70667 CUMMAQUID City/Town -70.26232 Latitude (Decimal Degrees Format with 5 digits after decimal e.g. XX.XXXXX) Longitude (Decimal Degrees Format with 5 digits after decimal e.g. -XX.XXXXX) 351 021 001 Assessors' Map Number Assessors' Lot/Parcel Number b. Area Description (use additional paper, if necessary): area of single family dwellings bordered by Hallet's Mill Pond c. Plan and/or Map Reference(s): (use additional paper if necessary) PROPOSED ADDITION SITE PLAN OF 210 KEVENEY LANE BY DCE, INC. Title Title 5-18-2026 Date Date wpaform1 .doc• rev. 4/28/2023 WPA Form 1 -Request for Determination of Applicability • Page 1 of 3 Massachusetts Department of Environmental Protection Bureau of Water Resources -Wetlands WPA Form 1-Request for Determination of Applicability BARNSTABLE Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Municipality B. Project Description (cont.) 2. a. Activity/Work Description (use additional paper and/or provide plan(s) of Activity, if necessary): Proposed additions to existing structures and partial re-location of existing gravel driveway. b. Identify provisions of the Wetlands Protection Act or regulations which may exempt the applicant from having to file a Notice of Intent for all or part of the described work (use additional paper, if necessary). None of the proposed work will adversely impact the resource areas. 3. a. If this application is a Request for Determination of Scope of Alternatives for work in the Riverfront Area, indicate the one classification below that best describes the project. D Single family house on a lot recorded on or before 8/1/96 D Single family house on a lot recorded after 8/1/96 D Expansion of an existing structure on a lot recorded after 8/1/96 0 Project, other than a single-family house or public project, where the applicant owned the lot before 8/7/96 0 New agriculture or aquaculture project 0 Public project where funds were appropriated prior to 8/7/96 D Project on a lot shown on an approved, definitive subdivision plan where there is a recorded deed restriction limiting total alteration of the Riverfront Area for the entire subdivision 0 Residential subdivision; institutional, industrial, or commercial project 0 Municipal project 0 District, county, state, or federal government project D Project required to evaluate off-site alternatives in more than one municipality in an Environmental Impact Report under MEPA or in an alternatives analysis pursuant to an application for a 404 permit from the U.S. Army Corps of Engineers or 401 Water Quality Certification from the Department of Environmental Protection. b. Provide evidence (e.g., record of date subdivision lot was recorded) supporting the classification above (use additional paper and/or attach appropriate documents, if necessary.) wpafom11.doc • rev. 4128/2023 WPA Form 1 -Request for Detem,ination of Applicability• Page 2 of 3 Massachusetts Department of Environmental Protection Bureau of Water Resources -Wetlands WPA Form 1-Request for Determination of Applicability BARNSTABLE Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Municipality C. Determinations 1. I request the BARNSTABLE Conservation Commission make the following determination(s). Check any that apply: Ii] a. whether the area depicted on plan(s) and/or map(s) referenced above is an area subject to jurisdiction of the Wetlands Protection Act. 0 b. whether the boundaries of resource area(s) depicted on plan(s) and/or map(s) referenced above are accurately delineated. Ii] c. whether the Activities depicted on plan(s) referenced above is subject to the Wetlands Protection Act and its regulations. [j] d. whether the area and/or Activities depicted on plan(s) referenced above is subject to the jurisdiction of any municipal wetlands' ordinance or bylaw of: BARNSTABLE Name of Municipality D e. whether the following scope of alternatives is adequate for Activities in the Riverfront Area as depicted on referenced plan(s). D. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Request for Determination of Applicability and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I further certify that the property owner, if different from the applicant, and the appropriate DEP Regional Office were sent a complete copy of this Request (including all appropriate documentation) simultaneously with the submittal of this Request to the Conservation Commission. Failure by the applicant to send copies in a timely manner may result in dismissal of the Request for Determination of Applicability. Signatures: I also understand that notification of this Request will be placed in a local newspaper at my expense in accordance with Section 10.05(3)(b)(1) of the Wetlands Protection Act regulations. ?aJ/£~~,\-~, -~-+---=---II/_.,.,, __ _ ,;'ignature of App~ Date F \~ r /) k ~ ....:.. ..,----S___./--'-l 'i___./_1.&~----s~1~sentative (if any) / Date 'J>ANieL >, o:, 1\\...11 /JG"' 'l'V-7 1)u;,., \iv L. wpafom,1.doc • rev. 4/28/2023 WPA Fom, 1 -Request for Deten111nation of Applicability• Page 3 of 3 Project Narrative REQUEST FOR DETERMINATION OF APPLICABILITY #210 Keveney Lane, Cummaquid The applicant is pleased to submit a Request for Determination of Applicability application for the construction of two additions to existing structures on a residential property. The property is improved with a 3-bedroom dwelling, detached workshop and detached barn. The property is bordered by a Bordering Vegetated Wetland and Hallet's Mill Pond. Mill Creek is to the North and there is a State Coastal Bank at the flood zone elevation of 12 on the eastern section of the property. Work Proposed within Resource Area Small additions to the main house and workshop are proposed. The combined square footage of the additions will be 394 s.f. The existing gravel drive will be slightly rerouted around the addition to the dwelling. The driveway will remain gravel. All work will take place outside the 50' buffers to the Coastal Bank and BVW. No work will take place within Priority/Estimated Habitat of endangered species or within the riverfront area. Bordering Vegetated Wetland There is a bordering vegetated wetland on the easterly portion of the property. The wetland edge was located by Down Cape Engineering. All work will take place outside the 50' buffer to the wetland and within existing lawn/landscaped areas. Coastal Bank There is a State Coastal Bank at the flood zone elevation of 14. The Coastal Bank was delineated in accordance with the Wetlands Program Policy 92-1. The bank does not meet the local definition as it is not seaward facing. All work will take place outside the 50' buffer to the Bank and within existing landscaped/lawn areas. No fill is expected to be required for this project. A backhoe is expected to be used for the foundation excavations and driveway changes. All machinery will access the site through the existing driveway. A silt fence is proposed downgradient of all work to prevent runoff into the resource areas. Town of Barnstable Conservation Commission 230 South Street Hyannis Massachusetts 02601 Form PA Oftic~: 508-862-4093 E-mail: cnnservation.a'town.barnstable.ma.us Permission to Access Property Property owner's name(s): SHANGRI-LA-LA-LA NOMINIEE TRUST Applicant's (Representative's) Name(s) DANIEL A OJALA PE, PLS, DOWN CAPE ENGINEERING INC Project street address 210 KEV:::NEY LANE, CIJl'vlMAQUID Barnstable Assessor's Map & Parcel: Ma~-"5--'-1 __ _ Parcel 021 001 Applicant's Contact Phone Number _50_8_-_3_6_7_-7_3_1_1 __________ _ ACCESS TO PROPERTY PERMISSION As the Owner(s) of the above referenced property, I/we have been advised that under the provisions of the Massachusetts Wetlands Protection Act (MGL Ch 131, Section 40) and the Town of Barnstable General Ordinances (Chaptei" 237), tl1e Barnstable Conservation Commission, its Agents or its designated staff are auU1orized, as a matter of law, to enter the outside areas of the property for the purpose of revievving ths 2,,.isiing :;c:-11Jitior,s 3;1d the proposed work as described in my/our application (Notice of lnten~ or Request f:x Determinat1ori) to the Barnstable Conservation Commission. Where possible, notice will be pr·.::vided to :r,e 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 undersianding 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 regardi,1g this application for the period as described below: 1. From the submission of the Application (Notice of Intent or Request for Determination) until the approval of the Notice of Intent Request or Request for Determination; and 2. From the issuance of the Order(s) of Conditions (approval for Notice of Intent) to the completion of the project and the final inspection by the Conservation staff to confirm the completion of the project I have read the above and I understand and agree to allow inspections as described. ~ ..... §\~ Signature of prop w~ ~ '.A t-C.D-'--epresentatlve's signa ure ( Date signed Date s·gned Adopted March 15. 2022. etkcti, e l\~ri! l ,;_ 2U22. ... I -"' ,..,/ • " " " • " G XI \ I 0 " ~ . ~ ~ ~ r----I I Conservation Request for Determination (RDA) Abutter List for Subject Parcel 351021001 Property owners actually touching on the subject parcel upon which work is proposed. Parcel ID 351021001 351021002 Page 1 oft Owner1 Owner2 FITZGERALD, PAUL F & ANNE C TRS SHANGRI-LA-LA-LA NOMINEE TRUST FITZGERALD, ANN CTR OLD KEVENEY BRIDGE REALTY TRUST Address Line 1 210 KEVENEY LANE 210 KEVENEY LANE Total Number of Abutters: 2 Address Line 2 PO BOX312 City State Zip CUMMAQUID MA 02637 CUMMAQUID MA 02637 Report Generated On : 5/20/2026 10:47 AM This list by itself does NOT constitute a "Certifi ed Li s t of Abutters" and is provided on ly as an aid to the determination of abutters. If a Certi fied Ab utter List is required, you must contact the Asses s ing Divisi o n to have this list certified. Conservation Request for Determination (RDA) Abutter Map for Subject Parcel 351021001 Prope1ty own ers actually touching on the subject parcel upon which work is proposed. Mill Creek 352022 reek ~ 352023 ,, .. '••,.. ~~a/let 's Mill Pond ' v z ., •. ~100.i. •••. \ •• '· ·, •• \. ,:,'•· C:" 0 • ~ Cl. '·· (I) -'· == ;-:: ·, I~ .. , .. '\ ... ~ 35 1021001 _J 7 351021003 351021002 ~ \\ -:. \. \ -:. \ \ -:. \ \ -:. \ ,:, ~"' a i O.. <5 :=: J:~ \ \, -:. \ \ -:. \ \ \ \ -:. \ \ \ -:. ' -:. \ \ \ .. Town of Barnstabl GIS Unit gi s@ town.barnstable.ma.us Legend D Subject Parcel ~ Abutters □ , Parcels •• Town Boundary ~-Railroad Tracks Buildings .J Approx. Buildi .J Buildings Painted Lines Parking Lots Paved Unpaved Driveways Paved Unpaved Roads Paved Road Unpaved Road lZI Bridge ■ Paved Median Streams Marsh Water Bodies This m ap is fo r illustration purposes o n ly. It is not adequate for legal bou nda ry determinatio1 or regul atory interpretation. Thit map does not represent an o n-the-ground survey. It may be gen eralized. m ay not refl ect current co nd itions, and may contain cartographic errors or omiss ions . Parcel lin es shown on this map a only gra ph ic repr~entations of As sessor's t ax parcels. They are not t ru e property boundaries an, do not represent accurate relationships to physical objects on the ma p such as building location s. 0 0 50 100 1 inch = approx. 100 f1 Printed on: 5/20/2026 REQUEST FOR DETERMINATION OF APPLICABILITY ABUTTER NOTIFICATION LETTER DATE: 05122 12026 RE: Upcoming Barnstable Conservation Commission Public Hearing To Whom It May Concern, As an immediate abutter of a proposed project, please be advised that a Request for Determination of Applicability application has been filed with the Barnstable Conservation Commission. APPLICANT: PAUL FITZGERALD PROJECT ADDRESS OR LOCATION: 210 KEVENEY LANE ASSESSOR'S MAP & PARCEL: PROJECT DESCRIPTION: APPLICANT'S AGENT: PUBLIC HEARING: CUMMAQUID MAP351 PARCEL 21-1 ---------proposed additions to existing structures and partial re-location of existing gravel driveway DOWN CAPE ENGINEERING, INC 939 ROUTE 6A YARMOUTHPORT, MA 02675 WILL BE HELD REMOTELY VIA ZOOM See agenda posting on Town Clerks website available in advance of the meeting for details. DATE: 06 I 09 I 2026 TIME: 630PM NOTE: Plans and applications describing the proposed activity are on file with the Conservation Commission via Laserfiche at Conservation Commission, by email to Kimberly.Cavanaugh@barnstable.gov or by calling (508-862-4093)