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HomeMy WebLinkAbout20260714_RDA Packet_Lukas_6 Leonard Road 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 Determination of Applicability is typically used for minor projects. Advance consultation with Conservation Division staff is encouraged. B. Complete the Request for Determination of Applicability application (WPA Form 1) https://www.mass.gov/doc/wpa-form-1-request-for-determination-of-applicability-fillable- pdf/download and attach the following to it: 1. A signed “Permission to Access Property – Form 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://barnstable.gov/departments/Conservation Do not send abutter letters out until Form PA is signed and submitted to the Conservation Division office. 2. 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. 3. A copy of the locus map may be obtained from Conservation. Indicate project site with an arrow and write the word LOCUS. 4. 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. 5. 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. 6. A completed copy of this checklist. C. Email RDA application and all associated materials in PDF format to Kimberly.Cavanaugh@barnstable.gov and Edwin.Hoopes@barnstable.gov All attachments must be named with the hearing date (year first), type, name, address. Examples 20220301 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. Town of Barnstable Conservation Commission 230 South Street, Hyannis, MA 02601 E-mail: conservation@barnstable.gov Office: 508-862-4093 D. Make 10 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 MassDEP, 20 Riverside Dr., Lakeville, MA 02347-1676. MassDEP also recommends applicants send their applications by email to SERO_NOI@mass.gov. E. Town filing fee is $175 (except $225 for vista pruning or $400 for wetland delineation confirmation). Fees shall be doubled for after-the-fact filings. Please make check payable to “Town of Barnstable”. F. Have project staked (structure corners, resource areas and buffers) by Tuesday 8:30 A.M., one week prior to public hearing to facilitate field review of your project. G. Conservation will submit the legal ad for publication in a local newspaper. The applicant or his/her agent is responsible for payment of the legal ad fee prior 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 02601). Submitted this ____________ day of ______________ in the year ___________ in accordance with the Town of Barnstable Chapter 710 Guidelines for Sumitting a Request for Determination of Applicability by: _______________________________________ ______________________________ Print Name Owner/Applicant Signature Owner’s Authorized Agent Signature X X X X 30th June 2026 Frances Reynolds Lukas 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 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Municipality A.General Information Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. 1.Applicant: First Name Last Name Address City/Town State Zip Code Phone Number Email Address 2.Property Owner (if different from Applicant): First Name Last Name Address City/Town State Zip Code Phone Number Email Address (if known) 3.Representative (if any) First Name Last Name Company Name Address City/Town State Zip Code Phone Number Email Address (if known) B.Project Description 1.a. Project Location (use maps and plans to identify the location of the area subject to this request): Street Address City/Town How to find Latitude and Longitude 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) and how to convert to decimal degrees Assessors’ Map Number Assessors’ Lot/Parcel Number b.Area Description (use additional paper, if necessary): c.Plan and/or Map Reference(s): (use additional paper if necessary) Title Date Title Date Frances Reynolds Lukas 6 Leonard Road West Barnstable MA 02668 Caitrin Higgins Bartlett Tree Experts 49 Rayber Road Orleans MA 02653 (508) 255-4309 chiggins@bartlett.com 6 Leonard Road West Barnstable 41.73533 -70.38670 136 011-002 Project Area Diagram 6/22/2026 wpaform1.doc • rev. 4/28/2023 WPA Form 1 – Request for Determination of Applicability • Page 2 of 3 Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands WPA Form 1- Request for Determination of Applicability 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): 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). 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. Single family house on a lot recorded on or before 8/1/96 Single family house on a lot recorded after 8/1/96 Expansion of an existing structure on a lot recorded after 8/1/96 Project, other than a single-family house or public project, where the applicant owned the lot before 8/7/96 New agriculture or aquaculture project Public project where funds were appropriated prior to 8/7/96 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 Residential subdivision; institutional, industrial, or commercial project Municipal project District, county, state, or federal government project 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.) The proposed vista pruning will be within an area east of the residence.Proposed work will only occur within the 50’-100’buffer to the Coastal Dune.No work is being proposed within the NHESP habitat.The vista pruning will include the reduction of the long ends of approximately 12 trees and 12 saplings by 1’to 3’within the proposed work area.The proposed pruning will follow the Barnstable Conservation Commission Vista Pruning Guidelines and will be limited to less than 20%of each tree,and will maintain a full canopy on each tree.All work will be performed by hand,with all debris from the pruning to be removed from the site.No tree removal is proposed. wpaform1.doc • rev. 4/28/2023 WPA Form 1 – Request for Determination of Applicability • Page 3 of 3 Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Municipality C.Determinations 1.I request the Conservation Commission make the following determination(s). Check any that apply: 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. b. whether the boundaries of resource area(s) depicted on plan(s) and/or map(s) referenced above are accurately delineated. c.whether the Activities depicted on plan(s) referenced above is subject to the Wetlands Protection Act and its regulations. 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: Name of Municipality 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. Signature of Applicant Date Signature of Representative (if any) Date Barnstable Barnstable 6/22/2026 6/22/2026 6/22/2026 Request for Determination of Applicability (RDA) for Vista Pruning 6 Leonard Road, West Barnstable Site Description The site is located at the corner of Leonard Road and Sandy Neck Road, leading into the Sand Neck Beach Conservation Area. The property contains a single-family home surrounded by a typical managed landscape on the western side of the lot. A naturalized area vegetated by a closed canopy of oak, pitch pine, and cedar is located on the eastern side of the lot. The Resource Areas and buffer zone within and surrounding the proposed vista pruning include: • Barrier Beach/Coastal Dune located to the east of the property, outside the project area. • Bordering Vegetated Wetland (BVW) is located southeast of the property, on the other side of Sandy Neck Road, outside the project area. • Land Subject to Coastal Storm Flowage is found on a small area at the northeastern corner of the property, outside the project area. • NHESP Priority Habitats of Rare Species and NHESP Estimated Habitats of Rare Wildlife are located over a small portion of the property, outside the project area. Project Description The proposed vista pruning at 6 Leonard Road will be within an area east of the residence, as depicted in the attached Project Area Diagram. Proposed work will only occur within the 50’-100’ buffer to the Coastal Dune. No work is being proposed within the NHESP habitat. The vista pruning will include the reduction of the long ends of approximately 12 trees and 12 saplings by 1’ to 3’ within the proposed work area. The proposed pruning will follow the Barnstable Conservation Commission Vista Pruning Guidelines and will be limited to less than 20% of each tree, and will maintain a full canopy on each tree. All work will be performed by hand, with all debris from the pruning to be removed from the site. No tree removal is proposed. We will be at the hearing to answer questions. Sincerely, Caitrin Higgins Ecological Restoration Designer Bartlett Tree Experts Project Area Diagram 6/22/2026 Proposed Vista Corridor 6 L e o n a r d Ro a d Project Area Edge of Coastal Dune from taken from DA #1900650’ Buffer100’ BufferWetland/BVWEdge ofSandy N e c k R o a d property lineNOTE: Resource areas shown on this diagram came from Mass Mapper on 6/17/2026. Coastal Dune came from previous DA # 19006 property li n e Limit of NHESP Leonar d Road PROPOSED VISTA Project Area Diagram 6/22/2026 Just NHESP Printed Jun 17, 2026 NHESP Estimated Habitats of Rare Wildlife NHESP Priority Habitats of Rare Species Property Tax ParcelsBarrier Beach SystemNHESP Estimated Habitats for Rare Species & Priority Habitats of Rare Wildlife WetlandResource Areas from MassMapper 6/22/2026 Edge of Coastal Dune from taken from DA #19006 Flood Zone Printed Jun 17, 2026 FEMA National Flood Hazard Layer Polygons Property Tax Parcels AE (EL13) Flood Zone Flood Zone from MassMapper 6/22/2026 Adopted Mar Property o Applicant’ Project st Barnstabl Applicant’ ACCESS As the Ow the Mas General designate purpose o (Notice o possible, either wee understan to inspect I/we conf Commiss regarding 1. F ap 2. F of pr I have rea ________ Signature ________ Represen rch 15, 2022, effec owner’s name ’s (Represent reet address_ e Assessor’s ’s Contact Ph TO PROPER wner(s) of the sachusetts W Ordinances ed staff are a of reviewing t f Intent or R notice will be ekdays or we nd that if attem t the outside a firm my/our ioners, its ag this applicati rom the subm pproval of the rom the issua f the project a roject. ad the above ___________ e of property ___________ ntative’s sign ctive April 18, 202 P e(s): _______ tative’s) Name ___________ Map & Parce hone Number: RTY PERMIS e above refer Wetlands Prot (Chapter 23 authorized, a the existing c Request for D e provided to t eekends as ne mpts to conta areas of said understandin gent, and its on for the pe mission of the e Notice of Int ance of the O and the final e and I under ____________ y owner ____________ nature C Office: 508- 22. Permission ___________ e(s)________ ____________ el: Map___ : SION renced prope tection Act (M 37), the Bar as a matter o conditions an Determination the applicant ecessary for t act me are un property unde ng the purpo s designated riod as descr e Application tent Request Order(s) of Co inspection by rstand and a __ __ TowConserv Hyann -862-4093 to Access P ____________ ___________ ____________ _______ erty, I/we have MGL Ch 131 rnstable Con of law, to ente d the propos ) to the Ba prior to the v the Commiss nsuccessful, t er this applica ose of this d staff, to en ibed below: (Notice of In or Request fo onditions (app y the Conser gree to allow ____ Date ____ Date wn of Bavation C 230 South nis Massach E-mail: con Property ___________ ___________ ___________ Parcel___ e been advis 1, Section 40 nservation C er the outsid sed work as d arnstable Con visit. Visits wil sion and its ag the Commiss ation. permission a nter the outs ntent or Requ or Determinat proval for No rvation staff to w inspection ___________ e signed ___________ e signed arnstabCommi Street husetts 0260 ___________ ____________ ___________ _________ sed that unde 0) and the To ommission, e areas of th described in nservation Co l occur during gent to exam sioner or its a and I/we gra side areas o uest for Deter tion; and tice of Intent) o confirm the s as describ ________ ________ ble ission 01 ___________ ___________ ____________ er the provisio own of Barns its Agents o he property fo my/our applic ommission. W g daylight hou ine said prop agent may pro ant permissi of my/our pro rmination) un ) to the comp e completion bed. Form _____ ____ _____ ons of stable or its or the cation Where urs on perty. I oceed on to operty ntil the pletion of the m PA nservation@barnstable.gov (774)207-7378 Frances Reynolds Lukas Caitrin Higgins 6 Leonard Road 136 011-002 6/22/2026 6/22/2026 Locus #520 #427 #425 135-003 #0 136-006 #0 136-007 #339 136-008 #349 136-009 #9 136-010 #0 136-012 #393 136-013 #401 136-016 #7 136-017 #23 136-018 #43 136-024 #26 136-025 #22 136-026 #42 136-027 #46 136-027 #46136-028 #25136-029 #52 136-052 #380 136-056 #0 137-001 #0 137-002 #0 263-001 263-001 136-011-001 #24 136-011-002 #6 136-014-001 #330 136-014-002 #350 RDA Abutter map for 136011002. Property owners actually touching on the subject parcel upon which work is proposed. Subject Abutters Conservation Request for Determination (RDA) Abutter List for Subject Parcel 136011002 Property owners actually touching on the subject parcel upon which work is proposed. Parcel ID Owner 1 Owner 2 Address Line 1 Address Line 2 City State Zip 136011001 FOWLER, JAMES III & DEBORAH 24 LEONARD ROAD WEST BARNSTABLE 02668MA 136011002 LUKAS, EDMUND & FRANCES REYNOLDS 304 E 65TH ST, APT 27A NEW YORK 10065NY 136012 BARNSTABLE, TOWN OF (MUN)367 MAIN STREET HYANNIS 02601MA 263001 BARNSTABLE, TOWN OF (CON)CONSERVATION COMMISSION 230 SOUTH STREET HYANNIS 02601MA 6/15/2026 11:47 AMReport Generated On:Page 1 of 1 4Total 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. IMMEDIATE ABUTTERS OF ASSESSOR’S MAP _______ PARCEL______ Map________ Parcel ________ Name: ____________________________ Address: __________________________ __________________________ __________________________ Map________ Parcel ________ Name: ____________________________ Address: __________________________ __________________________ __________________________ Map________ Parcel ________ Name: ____________________________ Address: __________________________ __________________________ __________________________ Map________ Parcel ________ Name: ____________________________ Address: __________________________ __________________________ __________________________ Map________ Parcel ________ Name: ____________________________ Address: __________________________ __________________________ __________________________ DATE ABUTTERS WERE IDENTIFIED: ________/________/_________ SIGNATURE ____________________________ 136 136 001 Fowler,James III &Deborah 24 Leonard Road West Barnstable,MA 02668 136 002 Lukas Edmund &Frances Reynolds 304 E 65th St,Apt 27A New York,NY 10065 136 012 Barnstable,Town of (MUN) 367 Main Street Hyannis,MA 02601 263 001 Barnstable,Town of (CON) 230 South Street Hyannis,MA 02601 6 15 002 2026 REQUEST FOR DETERMINATION OF APPLICABILITY ABUTTER NOTIFICATION LETTER DATE: ___/____ /_____ 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: _____________________________________ 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 in advance of the meeting for details. DATE: ______/ _______ / ______ TIME: ______________________ 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) 30 2026 Frances Reynolds Lukas 6 Leonard Road West Barnstable 136 002 Vista pruning. Caitrin Higgins Bartlett Tree Experts 07 14 2026 3:00pm 6