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Home My WebLink About20260609_NOI_Farrell_724 River Rd Marstons Mills_MME5.26.2026Marsh Matters Environmental P.O. Box 554 Forestdale, MA 02644 978.434.1228 Mike.Ball@MarshMattersEnvironmental.com ______________________________________________________________________________________ MME www.marshmattersenv.com Farrell Project – 724 River Road, Marstons Mills May 26, 2026 Mr. F. P. Thomas Lee, Chairman Barnstable Conservation Commission c/o Edwin Hoopes, Administrator Town of Barnstable Regulatory Division / Conservation 230 South Street Hyannis , MA 02601 RE: NOI / WPA Form 3 – Proposed Residential Solar Array Project 724 River Road, Osterville (Map 44 / Parcel 016) Applicant: Juliet E. Farrell (Eve’s Garden Farm) Dear Chairman Lee and Barnstable Conservation Commissioners, On behalf the applicant, Juliet E. Farrell, Marsh Matters Environmental (MME) submits the enclosed Notice of Intent (NOI)(WPA Form 3) with project site plan, project narrative, existing conditions photographs, and all required administrative documents proposing a small photovoltaic solar panel array on property located at 724 River Road in Marstons Mills (the Site). MME submits this NOI pursuant to the Massachusetts Wetlands Protection Act (“MWPA”)(M.G.L. Ch. 131 §40) and the Town of Barnstable Wetlands Protection Bylaw (Ch. 237), and in accordance with the implementing MWPA Regulations (310 CMR 10.00) and the town’s Regulation Governing Minimum Submission Requirements for a Notice of Intent Application. In accordance with Barnstable’s Chapter 704- 4, MME is seeking issuance of a waiver from your requirements specific to projects in the jurisdictional 50- ft buffer zone, as the proposed project is located within fifty horizontal feet of the top of an inland Bank associated with an active cranberry bog perimeter ditch. MME attests that it will notify property abutters of this application and of the June 9, 2026, public hearing in accordance with state and local requirements. The town portion of the $110 filing fee and the $200 local wetland bylaw fee are enclosed, and the legal advertisement fee (amount TBD) will be paid on or by the date of the hearing. MME will file a copy of this NOI with MassDEP electronically via eDEP. Directions to the Site are provided on the reverse of this letter and property access by Conservation Commission members is authorized. Please do not hesitate to contact MME by email at Mike.Ball@MarshMattersEnvironmental.com, or by phone at 978.434.1228 (mobile/office), or should you require any additional information from MME, or should you like to meet at the project site in advance of the public hearing. Sincerely, D. Michael Ball, Sr. Wetland Scientist / Regulatory Compliance Consultant Marsh Matters Environmental LLC Enclosures CC: MassDEP SERO Juliet Farrell Conrad Geyser – Cotuit Solar Marsh Matter Environmental LLC NOI 5.26.2026 MME www.marshmattersenv.com Mike.Ball@MarshMattersEnvironmental.com DIRECTIONS TO SITE: FROM THE INTERSECTION OF RACE LANE AND ROUTE 149 (AT THE SOUTHEAST CORNER OF THE CAPE COD AIRFIELD), FOLLOW ROUTE 149 SOUTH TO THE INTERSECTION WITH LOVELL’S LANE. TAKE A RIGHT HEADING WEST ONTO LOVELL’S LANE, WHICH MERGES WITH RIVER ROAD. FOLLOW RIVER ROAD TO JUST BEYOND THE INTERSECTION WITH OLDE HOMESTEAD DRIVE AND CRANBERRY BOGS WILL BE ON YOUR RIGHT. TAKE NEXT RIGHT AT FIREWOOD STAND ONTO UNPAVED ROADWAY AND FOLLOW ALONG THE BOG MARGIN. PROJECT SITE WILL BE ON LEFT APPROXIMATELY 200 YARDS ALONG ROADWAY. LOOK FOR WOODEN STAKES WITH PINK FLAGGING. 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): 724 RIVER ROAD a. Street Address BARNSTABLE b. City/Town 02648 c. Zip Code Latitude and Longitude: 41.667176 d. Latitude -70.429153 e. Longitude 44 f. Assessors Map/Plat Number 016 g. Parcel /Lot Number 2. Applicant: JULIET E. a. First Name FARRELL b. Last Name c. Organization 724 RIVER ROAD d. Street Address MARSTONS MILLS (BARNSTABLE) e. City/Town MA f. State 02648-1735 g. Zip Code 508.737.1558 h. Phone Number i. Fax Number EVESGARDENFARM@GMAIL.COM j. Email Address 3. Property owner (required if different from applicant): Check if more than one owner 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): D. MICHAEL a. First Name BALL b. Last Name MARSH MATTERS ENVIRONMENTAL LLC c. Company P.O. BOX 554 d. Street Address FORESTDALE e. City/Town MA f. State 02644 g. Zip Code 978.434.1228 h. Phone Number i. Fax Number mike.ball@marshmattersenvironmental.com j. Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $110.00 a. Total Fee Paid $42.50 b. State Fee Paid $67.50 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: SOLAR PANEL ARRAY INSTALLATION TO SERVE A SINGLE-FAMILY RESIDENCE 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) 32189 c. Book 89 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 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. PROPOSED PLAN for SOLAR ARRAY LOCATED at 724 RIVER ROAD, MARSTONS MILLS a. Plan Title ALL CAPE SEPTIC & SURVEY b. Prepared By STEPHEN B. MOORE, PLS c. Signed and Stamped by 5.22.2026 d. Final Revision Date 1 INCH = 40 FEET 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: 1122 2. Municipal Check Number 5.25.2026 3. Check date PAID VIA eDEP 4. State Check Number 5. Check date D. MICHAEL 6. Payor name on check: First Name BALL (MME LLC) 7. Payor name on check: Last Name MMEnvironmental MARSH MATTERS ENVIRONMENTAL Attachment 1 Project Narrative Photographs Provided by Contractor (Cotuit Solar) Project Area Existing Conditions Photographs PROJECT NARRATIVE RESIDENTIAL SOLAR PANEL ARRAY INSTALLATION 724 RIVER ROAD – EVE’S GARDEN FARM Marstons Mills, Massachusetts ( Assessors Map 044, Parcel 016 ) 26 MAY 2026 Prepared for: Juliet E. Farrell Prepared by: i Notice of Intent Project Narrative 724 River Road, Marstons Mills, Massachusetts Table of Contents 1.0 SITE DESCRIPTION .......................................................................................................... 1 1.1 Property Location and Existing Features ................................................................... 1 1.2 Wetland Resource Areas ........................................................................................... 1 1.3 Buffer Zone and Project Area .................................................................................... 1 1.4 Floodzone .................................................................................................................. 3 1.5 Topography and Soils ................................................................................................ 3 1.6 State-listed Rare Species Habitat .............................................................................. 3 2.0 PROPOSED PROJECT .................................................................................................... 3 2.1 Residential Solar Panel Array Installation .................................................................. 3 2.2 Erosion Control / Work Limit ...................................................................................... 4 3.0 REGULATORY COMPLIANCE AND PROTECTION OF WETLAND RESOURCE AREA INTERESTS ................................................................................................................................... 4 ii Table of Contents (cont.) NOI ATTACHMENTS Attachment 1 – Project Narrative, Photos Attachment 2 – Site Locus Mapping Figure 1 – USGS Topographic Site Locus Map Figure 2 – Aerial Photo Site Locus Map Figure 3 – MassMapper Site Locus Map Figure 4 – Barnstable GIS Site Locus Map Attachment 3 – Proposed Project Plan Attachment 4 – Property abutters-related documents and administrative forms NOI Project Narrative Marsh Matters Environmental LLC 724 River Road, Marstons Mills Page 1 of 9 May 2026 NOI Project Narrative – 724 River Road, Marstons Mills 1.0 SITE DESCRIPTION 1.1 Property Location and Existing Features The 1.46-acre subject property is located at 724 River Road in Marstons Mills (Barnstable), Massachusetts (the “Site”)(Attachment 2 – Site Locus Figures 1, 2, 3, and 4). Abutting the Site is the 32-acre Keating property, which is almost entirely active / in-operation, or previously active, cranberry bog. Muddy Pond is located approximately 650 feet west of the Site and the Marstons Mills River is located approximately 1,900 feet east of the Site. The existing two-bedroom, two- bathroom, single-family house on the property owned by the applicant was constructed in 1986. The house is accessible from River Road by an unpaved way that is a segment of cranberry bog perimeter road (Photos 1 and 2). 1.2 Wetland Resource Areas There are no wetland Resource Areas on the subject property; however, the 100-foot buffer zone to the Resource Areas associated with the active cranberry bog extends onto the property. The man-made bog perimeter ditch nearest the property conforms to the definition of intermittent stream (310 CMR 10.04) and, therefore, there is inland Bank (310 CMR 10.54) associated with the ditch (Attachment 1 – Photo 2). The active cranberry bog itself conforms to the definitions of both Bordering Vegetated Wetland (BVW)(310 CMR 10.55) and Vegetated Wetlands (Barnstable Code §237-13). The Massachusetts Wetlands Protection Act (MWPA)(M.G.L. c.131 §40) regulations at 310 CMR 10.54 defines a Bank as “(a) the portion of the land surface which normally abuts and confines a water body. It occurs between a water body and a vegetated bordering wetland and adjacent floodplain, or, in the absence of these, it occurs between a water body and an upland. A Bank may be partially or totally vegetated, or it may be comprised of exposed soil, gravel or stone. (b) The physical characteristics of a Bank, as well as its location, as described in 310 CMR 10.54(2)(a), are critical to the protection of the interests specified in 310 CMR 10.54(1). (c) The upper boundary of a Bank is the first observable break in the slope of the mean annual flood level, whichever is lower. The lower boundary of a Bank is the mean annual low flow level.” The Barnstable regulations pertaining to wetlands do not define Bank differently than 310 CMR 10.00. MME marked segments of Bank (top) with series of pin flags by approximating the location of the mean annual flood level (MAFL). The top of the jurisdictional Bank is not the top of the earthen embankment. While steep, the Bank is a relatively stable feature supporting different wetland grasses and forbs. The embankment between the bog and perimeter roadway is maintained with stabilizing grasses and forbs and is characteristic of an active cranberry bog perimeter. The abutting, unpaved roadway is maintained by the bog operator is a level way consisting of coar se sand and gravel. 1.3 Buffer Zone and Project Area The jurisdictional 100-ft wide buffer zone illustrated on the project plan extends from the top of the Bank. The plant community within and immediately adjacent to the project footprint located within the buffer zone is shrub-dominant (Attachment 1 – Photo 6) and consists of native and non- NOI Project Narrative Marsh Matters Environmental LLC 724 River Road, Marstons Mills Page 2 of 9 May 2026 native woody and herbaceous species including staghorn sumac (Rhus hirta), sweet pepper bush (Clethra alnifolia), crabapple (Malus sp.), northern bayberry (Morella pensylvanica), Autumn-olive (Eleagnus umbellata), sassafras (Sassafras albidum), spindle-tree (Euonymus sp.), scarlet oak (Quercus coccinea), white oak (Q. alba), bracken fern (Pteridium aquilinum), horsebrier (Smilax rotundifolia), mugwort (Artemisia sp.), and other forbs. While there are no mature trees within the project footprint, the majority of the buffer zone is a mixed oak and pitch pine woodland community type. Conditions along the length of the proposed utility connection to the house are mostly in residential garden use. The area within the project footprint is a south-facing slope on an irregularly shaped landform, likely due to past alteration from cranberry bog and cranberry bog perimeter road construction. Bog access road construction created a sharp topographic break along the road margin. A sand borrow-pit, which is mostly unvegetated, sits adjacent to the project footprint. Wetland Resource Area(s) Boundary Determination Methods The wetland boundary was identified and marked by an MME senior wetland scientist. For all regulatory compliance consulting efforts involving wetland resource areas, MME performs a desk- top review of available mapping resources and any documents that may have been provided by the applicant and project land surveyor as background material. MME reviews all or some of the following data sources. Certain maps were used to produce a set of site locus figures, which are part of the NOI attachments. • Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps. • United States Geological Survey Topographic Quadrangle. • MassGIS MassDEP Wetland and Hydrography data layers. • MassGIS Natural Heritage Atlas data layers. • Google Earth Aerial photography. • United States Department of Agriculture, Natural Resources Conservation Service (USDA-NRCS) Web Soil Survey; and, • Mapping data layers provided by the subject municipality’s website (if available). MME performs inland and coastal wetland resource area (WRA) identification and delineations in substantial accordance with the following publications: the Massachusetts Wetlands Protection Act and the implementing MWPA regulations (310 CMR 10.00 et seq.); the Massachusetts Department of Environmental Protection’s (MassDEP) Massachusetts Handbook for Delineation of Bordering Vegetated Wetlands (2022); Section 404 of the Clean Water Act (33 U.S.C. 1344); and the U.S. Army Corp of Engineers (USACE) Wetland Delineation Manual (1987). Resource Area identification and delineation in accordance with municipal wetland protection regulations are followed. When performing WRA identification and delineations, MME uses a methodology involving consideration of (1) plant community compositions and transitions between plant communities, (2) observed topographic changes in the landscape, (3) indicators of wetland hydrology, including evidence of extent of standing or flowing water in nearby waterbody or waterway, (4) the presence/absence of certain sub-surface soil morphological indicators (i.e., redoximorphic features) that confirm the presence, or absence, and approximate elevation of groundwater in the soil profile (relative to the ground surface) during a portion of the growing season, and (5) any NOI Project Narrative Marsh Matters Environmental LLC 724 River Road, Marstons Mills Page 3 of 9 May 2026 evident land alterations. MME marks WRA boundaries with numbered tape flagging, or stakes, and typically collects a set of photographs that document on-site conditions on the day(s) of fieldwork. Entrance onto abutting property is usually incidental and often necessary in order to complete fieldwork and MME assumes that this entry, as well as establishment of wetland boundary flagging, has either been pre-approved, or is otherwise acceptable by the subject property owner and/or property abutters. For wetland indicator status ratings for vascular plants, MME refers to the National Wetland Plant List for the Northcentral and Northeast Regions administered by the U.S. Army Corps of Engineers (2017 updated version or most recent). For hydric / non-hydric soil profile determinations, MME consults Field Indicators for Identifying Hydric Soils in New England (Version 4, 2017). When noting the presence of invasive and potentially invasive species, MME uses plant status designations provided by the Massachusetts Invasive Plant Advisory Group. MME typically completes at least one set of Bordering Vegetated Wetland Determination Forms when a Bordering Vegetated Wetland is delineated and/or if MME believes that this type of detailed documentation is necessary. One or more sets of these data forms may accompany this narrative / NOI and the information on the forms should be considered representative of plant community and soil profile conditions along the length of wetland boundary. If a site is highly altered from landscaping or lawn installation, a set of determination forms is usually not completed because of the absence of plant layers. 1.4 Floodzone The current FEMA floodzone mapping (FIRM 25001C0541J) indicates that the Site is outside of the coastal floodzone (Zone AE) and outside of any other flood hazard area. The cranberry bog areas are identified as non-jurisdictional “other flood areas.” 1.5 Topography and Soils The site plan indicates that the property is mostly sloped, with the grade change across the Site from its northern margin to its southern margin along the bog perimeter roadway at approximately twenty-two vertical feet. The Natural Resources Conservation Service (NRCS) identifies this site as falling within an excessively drained soil drainage class type. The soil type mapped for the entire Site is Carver coarse sand (8-percent to 15-percent slopes). 1.6 State-listed Rare Species Habitat According to the most recent version of the Massachusetts Natural Heritage Atlas mapping, no portion of the subject parcel currently occurs within or near either a Priority Habitat of Rare Species or within an Estimated Habitat of Rare Wildlife and Certified Vernal Pools as designated by Natural Heritage and Endangered Species Program (NHESP). 2.0 PROPOSED PROJECT 2.1 Residential Solar Panel Array Installation The solar panel array, which is a 20.7 kilowatt (kW) photovoltaic array, will be constructed to serve the applicant’s single-family residence by providing approximately 8,800 kilowatt-hours (kWh) of renewable electricity per year on average, which will meet the electrical needs of the applicant and result in an annual savings of approximately $3,230 (including Renewable Energy NOI Project Narrative Marsh Matters Environmental LLC 724 River Road, Marstons Mills Page 4 of 9 May 2026 Certificates, or RECs, which are the “green” or environmental attributes of the power). The carbon dioxide (CO2) per annum equivalent is roughly 1,800 pounds. According to the installation contractor, Cotuit Solar, the panel array will be elevated approximately 2.5 vertical feet from the ground surface on the existing slope. The panel array itself will be pitched at approximately thirty degrees. The array supports will be ten steel, 2.5-inch square Telespar posts (same as / similar to traffic sign posts) that will be driven into the ground. The existing slope is uneven and, therefore, minor grading will be necessary to achieve an even slope surface. Any clean, sandy soil material removed from the work footprint will be disposed of in the adjacent, unvegetated borrow pit. The panel array will measure approximately fifty-seven feet in length and approximately nineteen feet in width and cover an area of approximately 1,083 sf. Refer to the installer-provided images that accompany this narrative. The panels are designed to be “flow through,” which allow rain water to flow between narrow gaps in the panels and drip onto the ground and not create erosive sheet flow. A 65-ft buried wire in a protective conduit will connect the panel array to the house located upslope. This conduit will be buried approximately eighteen inches below the ground surface and will require a very narrow, temporary excavation. Vegetation will be allowed to grow beneath the panels and will require a once or twice per year maintenance cut to maintain a separation between the bottom of the panels and the top of naturally growing vegetation. Any bare soil surface resulting from installation will be seeded with a native seed mix suitable for existing upland conditions. 2.2 Erosion Control / Work Limit The proposed erosion control barrier (ECB) defining the limit of work will be a continuous length of either straw/mulch-filled wattles or siltation fence along the roadway’s southern margin placed near the top of the bog embankment. Should the Conservation Commission or staff deem that installation of a different ECB is warranted, MME asks that this requirement be added as a written permit condition. 3.0 REGULATORY COMPLIANCE AND PROTECTION OF WETLAND RESOURCE AREA INTERESTS MME believes that the proposed solar array installation to be located in the Bank and BVW buffer zone on the opposite side of the bog perimeter road will result in no temporary or permanent adverse impact to the wetland Resource Areas associated with the active cranberry bog. While the panel array will be located in the area between 25 feet and 50 horizontal feet from the bog margin, all of the functions and ecological services currently provided by the cranberry bog (including the vegetated surface and perimeter ditch) will be fully maintained. While there will be disturbance to both vegetation and soils within the project footprint (panel array and utility line route) during installation, vegetation will be allowed to grow back beneath the elevated panels (with annual height maintenance) and along the route of the utility line between the array and the house. Because the panels will allow rainwater to flow through (in narrow gaps between individual panels) and the soil below the panels will continue to be highly pervious coarse sand, no stormwater sheet flow will be generated by the panel array. NOI Project Narrative Marsh Matters Environmental LLC 724 River Road, Marstons Mills Page 5 of 9 May 2026 The panel array supports are each only 6.25 square inch-footprint, perforated steel posts that are driven into the ground and so there is no excavation necessary other than for the utility line to the house. The installation is a minimal impact activity. As the project will result in significant clean energy generation, overall environmental benefits are obvious. The project fully meets the Bank performance standards, as described at both 310 CMR 10.54, as none of the proposed project activities will impair or destroy (1) the physical stability of the bank, (2) the water carrying capacity of the water body within the bank, (3) the groundwater or surface water quality, or (4) the capacity of the Bank to provide breeding habitat, escape cover and food for fisheries and terrestrial and/or aquatic birds, mammals, reptiles, amphibians and invertebrates. Due to (1) the very low-impact nature of this project, (2) the nature of the Resource Area (i.e., a bog perimeter ditch and active cranberry bog), and (3) the presence of a bog access roadway between the Resource Area and the proposed project activity, MME believes that this project is eligible for a waiver of Chapter 704 performance standards specific to mitigation plantings under the Chapter 704-7 Individual Consideration clause. MME believes that the degree to which wetland interests will be maintained, protected, and preserved is significant. Eve’s Garden Farm - Clean Energy System 724 River Road, MArstons Mills MMEnvironmental LLC PHOTOGRAPH LOG Project / Client: FARRELL / COTUIT SOLAR Location: 724 RIVER ROAD, MARSTONS MILLS Project No. Photo No. 1 Date: 4.16.2026 Photo Aspect: WEST Description: UNPAVED BOG PERIMETER ROAD THAT PROVIDES ACCESS TO THE RESIDENCE AT THE SITE. THE SOLAR PANEL ARRAY WOULD BE INSTALLED ON THE UPLAND SIDE OF THE ACCESS ROAD. THE CLOSEST EDGE OF THE ARRAY WILL BE APPROX’ TWENTY-FIVE FEET FROM THE BANK OF THE BOG PERIMETER DITCH. Photo No. 2 Date: 4.16.2026 Photo Aspect: WEST Description: THE CRANBERRY BOG IS TWO WETLAND RESOURCE AREAS: THE MAN-MADE PERIMETER DITCH IS AN INTERMITTENT STREAM WITH INLAND BANK, WHILE THE BOG IS A BORDERING VEGETATED WETLAND. THE TOP OF THE INLAND BANK ASSOCIATED WITH THE DITCH IS THE NEAREST WETLAND RESOURCE AREA TO THE PROJECT AREA. (PHOTO WAS TAKEN BEFORE FLAGGING WAS SET TO MARK THE TOP OF BANK.) SOLAR PANEL ARRAY PLANNED HERE THE WETLAND RESOURCE AREA BOUNDARY WOULD BE THE TOP OF INLAND BANK (NOT THE TOP OF THE DITCH EMBANKMENT) SOLAR PANEL ARRAY PLANNED HERE MMEnvironmental LLC Photo No. 4 Date: 4.16.2026 Photo Aspect: NORTHEAST Description: THE PINK TAPE-FLAGGED STAKE IN THIS PHOTO IDENTIFIES THE SOUTHWESTERN CORNER OF THE PLANNED PANEL ARRAY NEAREST THE CRANBERRY BOG. PHOTOGRAPH LOG Project / Client: FARRELL / COTUIT SOLAR Location: 724 RIVER ROAD, MARSTONS MILLS Project No. Photo No. 3 Date: 4.16.2026 Photo Aspect: WEST NORTHWEST Description: THE PINK TAPE-FLAGGED WOOD STAKES IDENTIFY THE EAST MARGIN OF THE PROPOSED SOLAR PANEL ARRAY FOOTPRINT. THE DISTANCE BETWEEN THE TWO STAKES IN THE PHOTO IS APPROXIMATELY NINETEEN FEET. SOLAR PANEL ARRAY PLANNED ON A PORTION OF THIS SLOPE MMEnvironmental LLC PHOTOGRAPH LOG Project / Client: FARRELL / COTUIT SOLAR Location: 724 RIVER ROAD, MARSTONS MILLS Project No. Photo No. 5 Date: 4.16.2026 Photo Aspect: NORTH Description: A PORTION OF THE MOSTLY UNVEGETATED BORROW PIT LOCATED ADJACENT TO THE PANEL ARRAY FOOTPRINT WHERE ANY SOIL MATERIAL REMOVED FROM THE PROJECT AREA IN ORDER TO CREATE AN EVENLY GRADED SLOPE PRIOR TO INSTALLATION WOULD BE PLACED. THE APPLICANT’S RESIDENCE IS VISIBLE IN THE BACKGROUND. Photo No. 6 Date: 4.16.2026 Photo Aspect: EAST Description: CONDITION OF EXISTING VEGETATION LOCATED WITHIN THE FOOTPRINT OF THE PROPOSED PANEL ARRAY. MMEnvironmental MARSH MATTERS ENVIRONMENTAL Attachment 2 Site Locus Figures FIGURE 1 – USGS TOPOGRAPHIC QUAD SITE LOCUS MAP 724 RIVER RD, MARSTONS MILLS, MASSACHUSETTS (MAP 044 – LOT 16) MARSH MATTERS ENVIRONMENTAL Project Location FIGURE 2 – AERIAL PHOTO 724 RIVER RD, MARSTONS MILLS, MASSACHUSETTS (MAP 044 – LOT 16) MARSH MATTERS ENVIRONMENTAL Project Location FIGURE 3 – MASSMAPPER SITE LOCUS 724 RIVER RD, MARSTONS MILLS, MASSACHUSETTS (MAP 044 – LOT 16) MARSH MATTERS ENVIRONMENTAL PROJECT LOCATION FIGURE 4 – Barnstable GIS Site Locus Map 724 RIVER RD, MARSTONS MILLS, MASSACHUSETTS (MAP 044 – LOT 16) FEMA FIRM NO. 25001C0753J MARSH MATTERS ENVIRONMENTAL Project Location MMEnvironmental MARSH MATTERS ENVIRONMENTAL Attachment 3 PROPOSED PROJECT PLAN PROPOSED PLAN FOR SOLAR ARRAY (by All Cape Septic & Survey, dated 5.22.2026) MMEnvironmental MARSH MATTERS ENVIRONMENTAL Attachment 4 Property Abutters-related Documents Signed Administrative Forms Fee Transmittal Form 3,000.00 Conservation Notice of Intent (NOI) Abutter Map for Subject Parcel 044016 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. 125 Town of Barnstable GIS Unit 250 4/29/2026 gis@town.barnstable.ma.us Printed on: 0 ft.250 Subject Parcel Abutters 100 ft. Buffer ft. 1 inch = approx. Parcels Town Boundary Railroad Tracks Buildings Approx. Building Buildings Parking Lots Paved Unpaved Roads Paved Road Unpaved Road Bridge Paved Median Water Bodies Conservation Notice of Intent (NOI) Abutter List for Subject Parcel 044016 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 044003 BARNSTABLE, TOWN OF (MUN)367 MAIN STREET HYANNIS 02601MA 044004002 FARRENKOPF, MARY LYNN TR PURPLE FAMILY TRUST 735 RIVER ROAD MARSTONS MILLS 02648MA 044007001 BRIGHAM, ANNA 760 RIVER ROAD MARSTONS MILLS 02648MA 044008 OCONNELL, EDWARD R & BEVERLY J PO BOX 84 MARSTONS MILLS 02648MA 044011 CAPODANNO, PHILIP W TR PATRICIA A CAPODANNO 2022 REV TR 701 RIVER ROAD MARSTONS MILLS 02648MA 044016 FARRELL, JULIET E 724 RIVER ROAD MARSTONS MILLS 02648MA 044027001 KEATING, JOSEPH M 714 RIVER ROAD MARSTONS MILLS 02648MA 044027004 KEATING, JOSEPH M 714 RIVER ROAD MARSTONS MILLS 02648MA 044028 KEATING, JOSEPH M & BRANDIE SKYE 714 RIVER ROAD MARSTONS MILLS 02648MA 4/29/2026 1:12 PMReport Generated On:Page 1 of 1 9Total Number of Abutters: This list by itself does NOT constitute a "Certified List of Abutters" and is provided only as an aid to the determination of abutters. If a Certified Abutter List is required, you must contact the Assessing Division to have this list certified. NOTICE OF INTENT ABUTTER NOTIFICATION LETTER DATE: RE: Upcoming Barnstable Conservation Commission Public Hearing To Whom It May Concern, As an abutter within 100 feet of a proposed project, please be advised that a NOTICE OF INTENT application has been filed with the Barnstable Conservation Commission. APPLICANT: PROJECT ADDRESS OR LOCATION: ASSESSOR’S MAP & PARCEL: MAP PARCEL PROJECT DESCRIPTION: ________________________________________________________ APPLICANT’S AGENT: PUBLIC HEARING: WILL BE HELD REMOTELY VIA ZOOM See agenda posting on Town Clerks website available at least 48 hours in advance of the meeting for details. DATE: / / TIME: P.M. NOTE: Plans and applications describing the proposed activity are on file with the Conservation Commission at https://itlaserfiche.town.barnstable.ma.us/WebLink/Browse.aspx?id=825530&dbid=0&repo=TownOfBarns table, by email to Kimberly.Cavanaugh@town.barnstable.ma.us or by calling (508-862-4093) MAY 26, 2026 JULIET E. FARRELL 724 RIVER ROAD, MARSTONS MILLS 44 016 PHOTOVOLTAIC SOLAR PANEL ARRAY TO SERVE A SINGLE-FAMILY HOME MICHAEL BALL MARSH MATTERS ENVIRONMENTAL LLC 978.434.1228 / mike.ball@marshmattersenvironmental.com 202696 6:30 noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/17/11 Page 1 of 2 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. A. Applicant Information 1. Location of Project: 724 RIVER ROAD a. Street Address MARSTONS MILLS (BARNSTABLE) b. City/Town FEE SUBMITTED ELECTRONICALLY c. Check number $110.00 d. Fee amount 2. Applicant Mailing Address: JULIET E. a. First Name FARRELL b. Last Name EVE'S GARDEN FARM c. Organization 724 RIVER ROAD d. Mailing Address MARSTONS MILLS e. City/Town MA f. State 02648 g. Zip Code 508.737.1558 h. Phone Number i. Fax Number EVESGARDENFARM@GMAIL.COM j. Email Address 3. Property Owner (if different): 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. 10/17/11 Page 2 of 2 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Fees (continued) Step 1/Type of Activity Step 2/Number of Activities Step 3/Individual Activity Fee Step 4/Subtotal Activity Fee CAT 1 (WORK ON A SFH LOT - SOLAR ARRAY) 1 $110.00 $110.00 Step 5/Total Project Fee: $110.00 Step 6/Fee Payments: Total Project Fee: $110.00 a. Total Fee from Step 5 State share of filing Fee: $42.50 b. 1/2 Total Fee less $12.50 City/Town share of filling Fee: $67.50 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.)