HomeMy WebLinkAboutNOI Application_67 Fire Statio Rd_Barnstable_09-15-2026
NOTICE OF INTENT
Filing under the Massachusetts Wetlands Protection Act, M.G.L. Chapter 131, Section 40 and
associated Regulations at 310 CMR 10.00 and the Town of Barnstable Wetlands Protection Bylaw
(Chapter 237 of the Town Code) and associated Regulations (Part VII of the Town Code)
Project:
Proposed Pool & Patio
Location:
67 Fire Station Road
Osterville, MA 02655
(Property ID: 117-007)
Applicant & Owner:
C/O James Fitzpatrick
James J. Fitzpatrick Living Trust
Alison M. Fitzpatrick Living Trust
4 Dicarlo Road
Hopkinton, MA 01748
Prepared By:
CAPE & ISLANDS ENGINEERING, INC.
800 Falmouth Road, Suite 301C
Barnstable, MA 02655
(508) 477-7272
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:
A.General Information
1. Project Location:
a. Street Address 67 FIRE STATION ROAD
b. City/Town BARNSTABLE c. Zip Code 02655
d. Latitude 41.63126N e. Longitude 70.39122W
f. Map/Plat #117 g.Parcel/Lot #007
2. Applicant:
Individual Organization
a. First Name JAMES J. & ALISON M.b.Last Name FITZPATRICK
c. Organization
d. Mailing Address 4 DICARLO ROAD
e. City/Town HOPKINTON,f. State MA g. Zip Code 01748
h. Phone Number 5084101413 i. Fax j. Email jjfitzhop53@gmail.com
3.Property Owner:
more than one owner
a. First Name JAMES J. & ALISON M.b. Last Name FITZPATRICK
c. Organization
d. Mailing Address 4 DICARLO ROAD
e. City/Town HOPKINTON,f.State MA g. Zip Code 01748
h. Phone Number 5084101413 i. Fax j.Email jjfitzhop53@gmail.com
4.Representative:
a. First Name CHARLES b. Last Name ROWLAND, P.E.
c. Organization CAPE & ISLANDS ENGINEERING INC
d. Mailing Address 800 FALMOUTH ROAD, SUITE 301C
e. City/Town MASHPEE f. State MA g. Zip Code 02649
h.Phone Number 5084777272 i.Fax j.Email chuck@capeeng.com
5.Total WPA Fee Paid (Automatically inserted from NOI Wetland Fee Transmittal Form):
a.Total Fee Paid 330.00 b.State Fee Paid 152.50 c.City/Town Fee Paid 177.50
6.General Project Description:
THE APPLICANT PROPOSES THE CONSTRUCTION OF AN INGROUND POOL WITH A PATIO AS WELL AS
LANDSCAPE IMPROVEMENTS. WORK WILL OCCUR WITHIN RIVERFRONT AREA AND WITHIN THE 100FEET
OF JURISDICTIONAL WETLAND RESOURCE AREAS.
7a.Project Type:
1. Single Family Home 2. Residential Subdivision
3.Limited Project Driveway Crossing 4.Commercial/Industrial
5.Dock/Pier 6.Utilities
7.Coastal Engineering Structure 8.Agriculture (eg., cranberries, forestry)
9.Transportation 10.Other
7b.Is any portion of the proposed activity eligible to be treated as a 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:
2. Limited Project
8.Property recorded at the Registry of Deeds for:
a.County:b.Certificate:c.Book:d.Page:
BARNSTABLE 37540 236
B. Buffer Zone & Resource Area Impacts (temporary & permanent)
1.Buffer Zone & Resource Area Impacts (temporary & permanent):
This is a Buffer Zone only project Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland,
Inland Bank, or Coastal Resource Area.
2.Inland Resource Areas: (See 310 CMR 10.54 10.58, if not applicable, go to Section B.3. Coastal Resource Areas)
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
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 any)
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 20300
square feet
4. Proposed Alteration of the Riverfront Area:
1135
a. total square feet
0
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)
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 Beaches Indicate size under Coastal Beaches and/or Coatstal Dunes, below
d.Coastal Beaches
1. square feet 2. cubic yards beach nourishment
e.Coastal Dunes
1. square feet 2. cubic yards dune nourishment
f.Coastal Banks
1. linear feet
g.Rocky Intertidal Shores
1. square feet
h.Salt Marshes
1. square feet 2. sq ft restoration, rehab, crea.
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
Restoration/Replacement
If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been
entered in Section B.2.b or B.3.h above, please entered the additional amount here.
a. square feet of BVW b. square feet of Salt Marsh
5.Projects Involves Stream Crossings
Project Involves Streams Crossings
If the project involves Stream Crossings, please enter the number of new stream crossings/number of replacement stream crossings.
a. number of new stream crossings b. number of replacement stream crossings
C. Other Applicable Standards and Requirements
Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review
1.Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recent
Estimated Habitat Map of StateListed Rare Wetland Wildlife published by the Natural Heritage of Endangered Species program
(NHESP)?
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:FROM MAP VIEWER
If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18)....
c. Submit Supplemental Information for Endangered Species Review * (Check boxes as they apply)
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 rightofway plan of site
3. Project plans for entire project site, including wetland resource areas and areas outside of wetland jurisdiction, showing
existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work **
a.Project description (including description of impacts outside of wetland resource area & buffer zone)
b. Photographs representative of the site
c. MESA filing fee (fee information available at: http://www.mass.gov/eea/agencies/dfg/dfw/naturalheritage/regulatory
review/massendangeredspeciesactmesa/mesafeeschedule.html )
Make check payable to "Natural Heritage & Endangered Species Fund" and mail to NHESP at above address
Projects altering 10 or more acres of land, also submit:
d.Vegetation cover type map of site
e.Project plans showing Priority & Estimated Habitat boundaries
d. 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, http://www.mass.gov/eea/agencies/dfg/dfw/lawsregulations/cmr/321cmr1000massachusettsendangered
speciesact.html#10.14; 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 Number
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.
*Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review...
2.For coastal projects only, is any portion of the proposed project located below the mean high waterline or in a fish run?
a. Not applicable project is in inland resource area only
b.Yes No
If yes, include proof of mailing or hand delivery of NOI to either:
South Shore Cohasset to Rhode Island, and the Cape & Islands:
Division of Marine Fisheries
Southeast Marine Fisheries Station
Attn: Environmental Reviewer
836 S. Rodney French Blvd
New Bedford, MA 02744
North Shore Hull to New Hampshire:
Division of Marine Fisheries
North Shore Office
Attn: Environmental Reviewer
30 Emerson Avenue
Gloucester, MA 01930
If yes, it may require a Chapter 91 license. For coastal towns in the Northeast Region, please contact MassDEP's Boston Office.
For coastal towns in the Southeast Region, please contact MassDEP's Southeast Regional office.
3.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 DEP Website for ACEC locations). Note:
electronic filers click on Website.
b. ACEC Name
4.Is any portion of the proposed project within an area designated as an Outstanding Resource Water (ORW) as designated in the
Massachusetts Surface Water Quality Standards, 314 CMR 4.00?
a.Yes No
5.Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Restriction Act (M.G.L.c. 131, §
40A) or the Coastal Wetlands Restriction Act (M.G.L.c. 130, § 105)?
a.Yes No
6.Is this project subject to provisions of the MassDEP Stormwater Management Standards?
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, Explain why the project is exempt:
1.Single Family Home
2.Emergency Road Repair
3.Small Residential Subdivision (less than or equal to 4 singlefamily houses or less than or equal to 4 units in multifamily
housing project) with no discharge to Critical Areas.
D. Additional Information
Applicants must include the following with this Notice of Intent (NOI). See instructions for details.
Online Users: Attach the document transaction number (provided on your receipt page) for any of the following information you
submit to the Department by regular mail delivery.
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.
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.
a. Plan Title:b. Plan Prepared By:c. Plan Signed/Stamped By:c. Revised Final Date:e. Scale:
PROPOSED POOL
PLAN
CAPE & ISLANDS
ENGINEERING, INC.
CHUCK ROWLAND, P.E. &
J. JACOB FRICKE, P.L.S.August 24, 2026 1" = 20'
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:
2. Municipal Check Number 3. Check date
4. State Check Number 5. Check date
6. Payer name on check: First Name 7. Payer name on check: Last Name
F. Signatures and Submittal Requirements
I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true
and complete to the best of my knowledge. I understand that the Conservation Commission will place notification of this Notice in a local newspaper
at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a).
I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G.L. c. 131, § 40.
Notice must be made by Certificate of Mailing or in writing by hand delivery or certified mail (return receipt requested) to all abutters within 100 feet
of the property line of the project location.
James Fitzpatrick 9/15/2026
1. Signature of Applicant 2. Date
James Fitzpatrick 9/15/2026
3. Signature of Property Owner(if different)4. Date
Charles Rowland, P.E.9/15/2026
5. Signature of Representative (if any)6. Date
For Conservation Commission:
Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents, two copies of the NOI Wetland Fee Transmittal
Form, and the city/town fee payment, to the Conservation Commission by certified mail or hand delivery.
For MassDEP:
One copy of the completed Notice of Intent (Form 3), including supporting plans and documents, one copy of the NOI Wetland Fee Transmittal Form,
and a copy of the state fee payment to the MassDEP Regional Office (see Instructions) by certified mail or hand delivery.
Other:
If the applicant has checked the "yes" box in Section C, Items 13, above, refer to that section and the Instructions for additional submittal
requirements.
The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the
Notice of Intent.
Massachusetts Department of Environmental
Protection
Bureau of Resource Protection Wetlands
WPA Form 3 Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File #:
eDEP Transaction #:2051902
City/Town:BARNSTABLE
Page 1 of 7 * ELECTRONIC COPY
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:
A.General Information1. Project Location:a. Street Address 67 FIRE STATION ROADb. City/Town BARNSTABLE c. Zip Code 02655d. Latitude 41.63126N e. Longitude 70.39122Wf. Map/Plat #117 g.Parcel/Lot #0072. Applicant:Individual Organizationa. First Name JAMES J. & ALISON M.b.Last Name FITZPATRICKc. Organizationd. Mailing Address 4 DICARLO ROADe. City/Town HOPKINTON,f. State MA g. Zip Code 01748h. Phone Number 5084101413 i. Fax j. Email jjfitzhop53@gmail.com3.Property Owner:more than one ownera. First Name JAMES J. & ALISON M.b. Last Name FITZPATRICKc. Organizationd. Mailing Address 4 DICARLO ROADe. City/Town HOPKINTON,f.State MA g. Zip Code 01748h. Phone Number 5084101413 i. Fax j.Email jjfitzhop53@gmail.com4.Representative:a. First Name CHARLES b. Last Name ROWLAND, P.E.c. Organization CAPE & ISLANDS ENGINEERING INCd. Mailing Address 800 FALMOUTH ROAD, SUITE 301Ce. City/Town MASHPEE f. State MA g. Zip Code 02649h.Phone Number 5084777272 i.Fax j.Email chuck@capeeng.com5.Total WPA Fee Paid (Automatically inserted from NOI Wetland Fee Transmittal Form):a.Total Fee Paid 330.00 b.State Fee Paid 152.50 c.City/Town Fee Paid 177.50
6.General Project Description:
THE APPLICANT PROPOSES THE CONSTRUCTION OF AN INGROUND POOL WITH A PATIO AS WELL AS
LANDSCAPE IMPROVEMENTS. WORK WILL OCCUR WITHIN RIVERFRONT AREA AND WITHIN THE 100FEET
OF JURISDICTIONAL WETLAND RESOURCE AREAS.
7a.Project Type:
1. Single Family Home 2. Residential Subdivision
3.Limited Project Driveway Crossing 4.Commercial/Industrial
5.Dock/Pier 6.Utilities
7.Coastal Engineering Structure 8.Agriculture (eg., cranberries, forestry)
9.Transportation 10.Other
7b.Is any portion of the proposed activity eligible to be treated as a 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:
2. Limited Project
8.Property recorded at the Registry of Deeds for:
a.County:b.Certificate:c.Book:d.Page:
BARNSTABLE 37540 236
B. Buffer Zone & Resource Area Impacts (temporary & permanent)
1.Buffer Zone & Resource Area Impacts (temporary & permanent):
This is a Buffer Zone only project Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland,
Inland Bank, or Coastal Resource Area.
2.Inland Resource Areas: (See 310 CMR 10.54 10.58, if not applicable, go to Section B.3. Coastal Resource Areas)
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
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 any)
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 20300
square feet
4. Proposed Alteration of the Riverfront Area:
1135
a. total square feet
0
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)
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 Beaches Indicate size under Coastal Beaches and/or Coatstal Dunes, below
d.Coastal Beaches
1. square feet 2. cubic yards beach nourishment
e.Coastal Dunes
1. square feet 2. cubic yards dune nourishment
f.Coastal Banks
1. linear feet
g.Rocky Intertidal Shores
1. square feet
h.Salt Marshes
1. square feet 2. sq ft restoration, rehab, crea.
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
Restoration/Replacement
If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been
entered in Section B.2.b or B.3.h above, please entered the additional amount here.
a. square feet of BVW b. square feet of Salt Marsh
5.Projects Involves Stream Crossings
Project Involves Streams Crossings
If the project involves Stream Crossings, please enter the number of new stream crossings/number of replacement stream crossings.
a. number of new stream crossings b. number of replacement stream crossings
C. Other Applicable Standards and Requirements
Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review
1.Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recent
Estimated Habitat Map of StateListed Rare Wetland Wildlife published by the Natural Heritage of Endangered Species program
(NHESP)?
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:FROM MAP VIEWER
If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18)....
c. Submit Supplemental Information for Endangered Species Review * (Check boxes as they apply)
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 rightofway plan of site
3. Project plans for entire project site, including wetland resource areas and areas outside of wetland jurisdiction, showing
existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work **
a.Project description (including description of impacts outside of wetland resource area & buffer zone)
b. Photographs representative of the site
c. MESA filing fee (fee information available at: http://www.mass.gov/eea/agencies/dfg/dfw/naturalheritage/regulatory
review/massendangeredspeciesactmesa/mesafeeschedule.html )
Make check payable to "Natural Heritage & Endangered Species Fund" and mail to NHESP at above address
Projects altering 10 or more acres of land, also submit:
d.Vegetation cover type map of site
e.Project plans showing Priority & Estimated Habitat boundaries
d. 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, http://www.mass.gov/eea/agencies/dfg/dfw/lawsregulations/cmr/321cmr1000massachusettsendangered
speciesact.html#10.14; 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 Number
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.
*Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review...
2.For coastal projects only, is any portion of the proposed project located below the mean high waterline or in a fish run?
a. Not applicable project is in inland resource area only
b.Yes No
If yes, include proof of mailing or hand delivery of NOI to either:
South Shore Cohasset to Rhode Island, and the Cape & Islands:
Division of Marine Fisheries
Southeast Marine Fisheries Station
Attn: Environmental Reviewer
836 S. Rodney French Blvd
New Bedford, MA 02744
North Shore Hull to New Hampshire:
Division of Marine Fisheries
North Shore Office
Attn: Environmental Reviewer
30 Emerson Avenue
Gloucester, MA 01930
If yes, it may require a Chapter 91 license. For coastal towns in the Northeast Region, please contact MassDEP's Boston Office.
For coastal towns in the Southeast Region, please contact MassDEP's Southeast Regional office.
3.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 DEP Website for ACEC locations). Note:
electronic filers click on Website.
b. ACEC Name
4.Is any portion of the proposed project within an area designated as an Outstanding Resource Water (ORW) as designated in the
Massachusetts Surface Water Quality Standards, 314 CMR 4.00?
a.Yes No
5.Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Restriction Act (M.G.L.c. 131, §
40A) or the Coastal Wetlands Restriction Act (M.G.L.c. 130, § 105)?
a.Yes No
6.Is this project subject to provisions of the MassDEP Stormwater Management Standards?
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, Explain why the project is exempt:
1.Single Family Home
2.Emergency Road Repair
3.Small Residential Subdivision (less than or equal to 4 singlefamily houses or less than or equal to 4 units in multifamily
housing project) with no discharge to Critical Areas.
D. Additional Information
Applicants must include the following with this Notice of Intent (NOI). See instructions for details.
Online Users: Attach the document transaction number (provided on your receipt page) for any of the following information you
submit to the Department by regular mail delivery.
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.
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.
a. Plan Title:b. Plan Prepared By:c. Plan Signed/Stamped By:c. Revised Final Date:e. Scale:
PROPOSED POOL
PLAN
CAPE & ISLANDS
ENGINEERING, INC.
CHUCK ROWLAND, P.E. &
J. JACOB FRICKE, P.L.S.August 24, 2026 1" = 20'
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:
2. Municipal Check Number 3. Check date
4. State Check Number 5. Check date
6. Payer name on check: First Name 7. Payer name on check: Last Name
F. Signatures and Submittal Requirements
I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true
and complete to the best of my knowledge. I understand that the Conservation Commission will place notification of this Notice in a local newspaper
at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a).
I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G.L. c. 131, § 40.
Notice must be made by Certificate of Mailing or in writing by hand delivery or certified mail (return receipt requested) to all abutters within 100 feet
of the property line of the project location.
James Fitzpatrick 9/15/2026
1. Signature of Applicant 2. Date
James Fitzpatrick 9/15/2026
3. Signature of Property Owner(if different)4. Date
Charles Rowland, P.E.9/15/2026
5. Signature of Representative (if any)6. Date
For Conservation Commission:
Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents, two copies of the NOI Wetland Fee Transmittal
Form, and the city/town fee payment, to the Conservation Commission by certified mail or hand delivery.
For MassDEP:
One copy of the completed Notice of Intent (Form 3), including supporting plans and documents, one copy of the NOI Wetland Fee Transmittal Form,
and a copy of the state fee payment to the MassDEP Regional Office (see Instructions) by certified mail or hand delivery.
Other:
If the applicant has checked the "yes" box in Section C, Items 13, above, refer to that section and the Instructions for additional submittal
requirements.
The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the
Notice of Intent.
Massachusetts Department of Environmental
Protection
Bureau of Resource Protection Wetlands
WPA Form 3 Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File #:
eDEP Transaction #:2051902
City/Town:BARNSTABLE
Page 2 of 7 * ELECTRONIC COPY
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:
A.General Information1. Project Location:a. Street Address 67 FIRE STATION ROADb. City/Town BARNSTABLE c. Zip Code 02655d. Latitude 41.63126N e. Longitude 70.39122Wf. Map/Plat #117 g.Parcel/Lot #0072. Applicant:Individual Organizationa. First Name JAMES J. & ALISON M.b.Last Name FITZPATRICKc. Organizationd. Mailing Address 4 DICARLO ROADe. City/Town HOPKINTON,f. State MA g. Zip Code 01748h. Phone Number 5084101413 i. Fax j. Email jjfitzhop53@gmail.com3.Property Owner:more than one ownera. First Name JAMES J. & ALISON M.b. Last Name FITZPATRICKc. Organizationd. Mailing Address 4 DICARLO ROADe. City/Town HOPKINTON,f.State MA g. Zip Code 01748h. Phone Number 5084101413 i. Fax j.Email jjfitzhop53@gmail.com4.Representative:a. First Name CHARLES b. Last Name ROWLAND, P.E.c. Organization CAPE & ISLANDS ENGINEERING INCd. Mailing Address 800 FALMOUTH ROAD, SUITE 301Ce. City/Town MASHPEE f. State MA g. Zip Code 02649h.Phone Number 5084777272 i.Fax j.Email chuck@capeeng.com5.Total WPA Fee Paid (Automatically inserted from NOI Wetland Fee Transmittal Form):a.Total Fee Paid 330.00 b.State Fee Paid 152.50 c.City/Town Fee Paid 177.506.General Project Description:THE APPLICANT PROPOSES THE CONSTRUCTION OF AN INGROUND POOL WITH A PATIO AS WELL ASLANDSCAPE IMPROVEMENTS. WORK WILL OCCUR WITHIN RIVERFRONT AREA AND WITHIN THE 100FEETOF JURISDICTIONAL WETLAND RESOURCE AREAS.7a.Project Type:1. Single Family Home 2. Residential Subdivision3.Limited Project Driveway Crossing 4.Commercial/Industrial5.Dock/Pier 6.Utilities7.Coastal Engineering Structure 8.Agriculture (eg., cranberries, forestry)9.Transportation 10.Other7b.Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 (coastal) or 310CMR 10.53 (inland)?1.Yes No If yes, describe which limited project applies to this project:2. Limited Project8.Property recorded at the Registry of Deeds for:a.County:b.Certificate:c.Book:d.Page:BARNSTABLE 37540 236B. Buffer Zone & Resource Area Impacts (temporary & permanent)1.Buffer Zone & Resource Area Impacts (temporary & permanent):This is a Buffer Zone only project Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland,Inland Bank, or Coastal Resource Area.2.Inland Resource Areas: (See 310 CMR 10.54 10.58, if not applicable, go to Section B.3. Coastal Resource Areas)Resource Area Size of Proposed Alteration Proposed Replacement (if any)a.Bank 1. linear feet 2. linear feetb.Bordering Vegetated Wetland 1. square feet 2. square feetc.Land under Waterbodies and Waterways 1. Square feet 2. square feet3. cubic yards dredgedd.Bordering Land Subject to Flooding 1. square feet 2. square feet3. cubic feet of flood storage lost 4. cubic feet replacede.Isolated Land Subject to Flooding 1. square feet2. cubic feet of flood storage lost 3. cubic feet replacedf.Riverfront Area
1. Name of Waterway (if any)
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 20300
square feet
4. Proposed Alteration of the Riverfront Area:
1135
a. total square feet
0
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)
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 Beaches Indicate size under Coastal Beaches and/or Coatstal Dunes, below
d.Coastal Beaches
1. square feet 2. cubic yards beach nourishment
e.Coastal Dunes
1. square feet 2. cubic yards dune nourishment
f.Coastal Banks
1. linear feet
g.Rocky Intertidal Shores
1. square feet
h.Salt Marshes
1. square feet 2. sq ft restoration, rehab, crea.
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
Restoration/Replacement
If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been
entered in Section B.2.b or B.3.h above, please entered the additional amount here.
a. square feet of BVW b. square feet of Salt Marsh
5.Projects Involves Stream Crossings
Project Involves Streams Crossings
If the project involves Stream Crossings, please enter the number of new stream crossings/number of replacement stream crossings.
a. number of new stream crossings b. number of replacement stream crossings
C. Other Applicable Standards and Requirements
Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review
1.Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recent
Estimated Habitat Map of StateListed Rare Wetland Wildlife published by the Natural Heritage of Endangered Species program
(NHESP)?
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:FROM MAP VIEWER
If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18)....
c. Submit Supplemental Information for Endangered Species Review * (Check boxes as they apply)
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 rightofway plan of site
3. Project plans for entire project site, including wetland resource areas and areas outside of wetland jurisdiction, showing
existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work **
a.Project description (including description of impacts outside of wetland resource area & buffer zone)
b. Photographs representative of the site
c. MESA filing fee (fee information available at: http://www.mass.gov/eea/agencies/dfg/dfw/naturalheritage/regulatory
review/massendangeredspeciesactmesa/mesafeeschedule.html )
Make check payable to "Natural Heritage & Endangered Species Fund" and mail to NHESP at above address
Projects altering 10 or more acres of land, also submit:
d.Vegetation cover type map of site
e.Project plans showing Priority & Estimated Habitat boundaries
d. 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, http://www.mass.gov/eea/agencies/dfg/dfw/lawsregulations/cmr/321cmr1000massachusettsendangered
speciesact.html#10.14; 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 Number
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.
*Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review...
2.For coastal projects only, is any portion of the proposed project located below the mean high waterline or in a fish run?
a. Not applicable project is in inland resource area only
b.Yes No
If yes, include proof of mailing or hand delivery of NOI to either:
South Shore Cohasset to Rhode Island, and the Cape & Islands:
Division of Marine Fisheries
Southeast Marine Fisheries Station
Attn: Environmental Reviewer
836 S. Rodney French Blvd
New Bedford, MA 02744
North Shore Hull to New Hampshire:
Division of Marine Fisheries
North Shore Office
Attn: Environmental Reviewer
30 Emerson Avenue
Gloucester, MA 01930
If yes, it may require a Chapter 91 license. For coastal towns in the Northeast Region, please contact MassDEP's Boston Office.
For coastal towns in the Southeast Region, please contact MassDEP's Southeast Regional office.
3.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 DEP Website for ACEC locations). Note:
electronic filers click on Website.
b. ACEC Name
4.Is any portion of the proposed project within an area designated as an Outstanding Resource Water (ORW) as designated in the
Massachusetts Surface Water Quality Standards, 314 CMR 4.00?
a.Yes No
5.Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Restriction Act (M.G.L.c. 131, §
40A) or the Coastal Wetlands Restriction Act (M.G.L.c. 130, § 105)?
a.Yes No
6.Is this project subject to provisions of the MassDEP Stormwater Management Standards?
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, Explain why the project is exempt:
1.Single Family Home
2.Emergency Road Repair
3.Small Residential Subdivision (less than or equal to 4 singlefamily houses or less than or equal to 4 units in multifamily
housing project) with no discharge to Critical Areas.
D. Additional Information
Applicants must include the following with this Notice of Intent (NOI). See instructions for details.
Online Users: Attach the document transaction number (provided on your receipt page) for any of the following information you
submit to the Department by regular mail delivery.
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.
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.
a. Plan Title:b. Plan Prepared By:c. Plan Signed/Stamped By:c. Revised Final Date:e. Scale:
PROPOSED POOL
PLAN
CAPE & ISLANDS
ENGINEERING, INC.
CHUCK ROWLAND, P.E. &
J. JACOB FRICKE, P.L.S.August 24, 2026 1" = 20'
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:
2. Municipal Check Number 3. Check date
4. State Check Number 5. Check date
6. Payer name on check: First Name 7. Payer name on check: Last Name
F. Signatures and Submittal Requirements
I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true
and complete to the best of my knowledge. I understand that the Conservation Commission will place notification of this Notice in a local newspaper
at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a).
I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G.L. c. 131, § 40.
Notice must be made by Certificate of Mailing or in writing by hand delivery or certified mail (return receipt requested) to all abutters within 100 feet
of the property line of the project location.
James Fitzpatrick 9/15/2026
1. Signature of Applicant 2. Date
James Fitzpatrick 9/15/2026
3. Signature of Property Owner(if different)4. Date
Charles Rowland, P.E.9/15/2026
5. Signature of Representative (if any)6. Date
For Conservation Commission:
Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents, two copies of the NOI Wetland Fee Transmittal
Form, and the city/town fee payment, to the Conservation Commission by certified mail or hand delivery.
For MassDEP:
One copy of the completed Notice of Intent (Form 3), including supporting plans and documents, one copy of the NOI Wetland Fee Transmittal Form,
and a copy of the state fee payment to the MassDEP Regional Office (see Instructions) by certified mail or hand delivery.
Other:
If the applicant has checked the "yes" box in Section C, Items 13, above, refer to that section and the Instructions for additional submittal
requirements.
The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the
Notice of Intent.
Massachusetts Department of Environmental
Protection
Bureau of Resource Protection Wetlands
WPA Form 3 Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File #:
eDEP Transaction #:2051902
City/Town:BARNSTABLE
Page 3 of 7 * ELECTRONIC COPY
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:
A.General Information1. Project Location:a. Street Address 67 FIRE STATION ROADb. City/Town BARNSTABLE c. Zip Code 02655d. Latitude 41.63126N e. Longitude 70.39122Wf. Map/Plat #117 g.Parcel/Lot #0072. Applicant:Individual Organizationa. First Name JAMES J. & ALISON M.b.Last Name FITZPATRICKc. Organizationd. Mailing Address 4 DICARLO ROADe. City/Town HOPKINTON,f. State MA g. Zip Code 01748h. Phone Number 5084101413 i. Fax j. Email jjfitzhop53@gmail.com3.Property Owner:more than one ownera. First Name JAMES J. & ALISON M.b. Last Name FITZPATRICKc. Organizationd. Mailing Address 4 DICARLO ROADe. City/Town HOPKINTON,f.State MA g. Zip Code 01748h. Phone Number 5084101413 i. Fax j.Email jjfitzhop53@gmail.com4.Representative:a. First Name CHARLES b. Last Name ROWLAND, P.E.c. Organization CAPE & ISLANDS ENGINEERING INCd. Mailing Address 800 FALMOUTH ROAD, SUITE 301Ce. City/Town MASHPEE f. State MA g. Zip Code 02649h.Phone Number 5084777272 i.Fax j.Email chuck@capeeng.com5.Total WPA Fee Paid (Automatically inserted from NOI Wetland Fee Transmittal Form):a.Total Fee Paid 330.00 b.State Fee Paid 152.50 c.City/Town Fee Paid 177.506.General Project Description:THE APPLICANT PROPOSES THE CONSTRUCTION OF AN INGROUND POOL WITH A PATIO AS WELL ASLANDSCAPE IMPROVEMENTS. WORK WILL OCCUR WITHIN RIVERFRONT AREA AND WITHIN THE 100FEETOF JURISDICTIONAL WETLAND RESOURCE AREAS.7a.Project Type:1. Single Family Home 2. Residential Subdivision3.Limited Project Driveway Crossing 4.Commercial/Industrial5.Dock/Pier 6.Utilities7.Coastal Engineering Structure 8.Agriculture (eg., cranberries, forestry)9.Transportation 10.Other7b.Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 (coastal) or 310CMR 10.53 (inland)?1.Yes No If yes, describe which limited project applies to this project:2. Limited Project8.Property recorded at the Registry of Deeds for:a.County:b.Certificate:c.Book:d.Page:BARNSTABLE 37540 236B. Buffer Zone & Resource Area Impacts (temporary & permanent)1.Buffer Zone & Resource Area Impacts (temporary & permanent):This is a Buffer Zone only project Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland,Inland Bank, or Coastal Resource Area.2.Inland Resource Areas: (See 310 CMR 10.54 10.58, if not applicable, go to Section B.3. Coastal Resource Areas)Resource Area Size of Proposed Alteration Proposed Replacement (if any)a.Bank 1. linear feet 2. linear feetb.Bordering Vegetated Wetland 1. square feet 2. square feetc.Land under Waterbodies and Waterways 1. Square feet 2. square feet3. cubic yards dredgedd.Bordering Land Subject to Flooding 1. square feet 2. square feet3. cubic feet of flood storage lost 4. cubic feet replacede.Isolated Land Subject to Flooding 1. square feet2. cubic feet of flood storage lost 3. cubic feet replacedf.Riverfront Area 1. Name of Waterway (if any)2. Width of Riverfront Area (check one)25 ft. Designated Densely Developed Areas only100 ft. New agricultural projects only200 ft. All other projects3. Total area of Riverfront Area on the site of the proposed project 20300square feet4. Proposed Alteration of the Riverfront Area:1135a. total square feet 0b. 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 No6. Was the lot where the activity is proposed created prior to August 1, 1996?Yes No3.Coastal Resource Areas: (See 310 CMR 10.25 10.35)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 feet2. cubic yards dredgedc.Barrier Beaches Indicate size under Coastal Beaches and/or Coatstal Dunes, belowd.Coastal Beaches 1. square feet 2. cubic yards beach nourishmente.Coastal Dunes 1. square feet 2. cubic yards dune nourishmentf.Coastal Banks 1. linear feetg.Rocky Intertidal Shores 1. square feeth.Salt Marshes 1. square feet 2. sq ft restoration, rehab, crea.i.Land Under Salt Ponds 1. square feet2. cubic yards dredgedj.Land Containing Shellfish 1. square feetk.Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland LandUnder Waterbodies and Waterways, above1. cubic yards dredgedl.Land Subject to Coastal
Storm Flowage 1. square feet
4.Restoration/Enhancement
Restoration/Replacement
If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been
entered in Section B.2.b or B.3.h above, please entered the additional amount here.
a. square feet of BVW b. square feet of Salt Marsh
5.Projects Involves Stream Crossings
Project Involves Streams Crossings
If the project involves Stream Crossings, please enter the number of new stream crossings/number of replacement stream crossings.
a. number of new stream crossings b. number of replacement stream crossings
C. Other Applicable Standards and Requirements
Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review
1.Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recent
Estimated Habitat Map of StateListed Rare Wetland Wildlife published by the Natural Heritage of Endangered Species program
(NHESP)?
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:FROM MAP VIEWER
If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18)....
c. Submit Supplemental Information for Endangered Species Review * (Check boxes as they apply)
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 rightofway plan of site
3. Project plans for entire project site, including wetland resource areas and areas outside of wetland jurisdiction, showing
existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work **
a.Project description (including description of impacts outside of wetland resource area & buffer zone)
b. Photographs representative of the site
c. MESA filing fee (fee information available at: http://www.mass.gov/eea/agencies/dfg/dfw/naturalheritage/regulatory
review/massendangeredspeciesactmesa/mesafeeschedule.html )
Make check payable to "Natural Heritage & Endangered Species Fund" and mail to NHESP at above address
Projects altering 10 or more acres of land, also submit:
d.Vegetation cover type map of site
e.Project plans showing Priority & Estimated Habitat boundaries
d. 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, http://www.mass.gov/eea/agencies/dfg/dfw/lawsregulations/cmr/321cmr1000massachusettsendangered
speciesact.html#10.14; 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 Number
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.
*Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review...
2.For coastal projects only, is any portion of the proposed project located below the mean high waterline or in a fish run?
a. Not applicable project is in inland resource area only
b.Yes No
If yes, include proof of mailing or hand delivery of NOI to either:
South Shore Cohasset to Rhode Island, and the Cape & Islands:
Division of Marine Fisheries
Southeast Marine Fisheries Station
Attn: Environmental Reviewer
836 S. Rodney French Blvd
New Bedford, MA 02744
North Shore Hull to New Hampshire:
Division of Marine Fisheries
North Shore Office
Attn: Environmental Reviewer
30 Emerson Avenue
Gloucester, MA 01930
If yes, it may require a Chapter 91 license. For coastal towns in the Northeast Region, please contact MassDEP's Boston Office.
For coastal towns in the Southeast Region, please contact MassDEP's Southeast Regional office.
3.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 DEP Website for ACEC locations). Note:
electronic filers click on Website.
b. ACEC Name
4.Is any portion of the proposed project within an area designated as an Outstanding Resource Water (ORW) as designated in the
Massachusetts Surface Water Quality Standards, 314 CMR 4.00?
a.Yes No
5.Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Restriction Act (M.G.L.c. 131, §
40A) or the Coastal Wetlands Restriction Act (M.G.L.c. 130, § 105)?
a.Yes No
6.Is this project subject to provisions of the MassDEP Stormwater Management Standards?
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, Explain why the project is exempt:
1.Single Family Home
2.Emergency Road Repair
3.Small Residential Subdivision (less than or equal to 4 singlefamily houses or less than or equal to 4 units in multifamily
housing project) with no discharge to Critical Areas.
D. Additional Information
Applicants must include the following with this Notice of Intent (NOI). See instructions for details.
Online Users: Attach the document transaction number (provided on your receipt page) for any of the following information you
submit to the Department by regular mail delivery.
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.
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.
a. Plan Title:b. Plan Prepared By:c. Plan Signed/Stamped By:c. Revised Final Date:e. Scale:
PROPOSED POOL
PLAN
CAPE & ISLANDS
ENGINEERING, INC.
CHUCK ROWLAND, P.E. &
J. JACOB FRICKE, P.L.S.August 24, 2026 1" = 20'
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:
2. Municipal Check Number 3. Check date
4. State Check Number 5. Check date
6. Payer name on check: First Name 7. Payer name on check: Last Name
F. Signatures and Submittal Requirements
I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true
and complete to the best of my knowledge. I understand that the Conservation Commission will place notification of this Notice in a local newspaper
at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a).
I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G.L. c. 131, § 40.
Notice must be made by Certificate of Mailing or in writing by hand delivery or certified mail (return receipt requested) to all abutters within 100 feet
of the property line of the project location.
James Fitzpatrick 9/15/2026
1. Signature of Applicant 2. Date
James Fitzpatrick 9/15/2026
3. Signature of Property Owner(if different)4. Date
Charles Rowland, P.E.9/15/2026
5. Signature of Representative (if any)6. Date
For Conservation Commission:
Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents, two copies of the NOI Wetland Fee Transmittal
Form, and the city/town fee payment, to the Conservation Commission by certified mail or hand delivery.
For MassDEP:
One copy of the completed Notice of Intent (Form 3), including supporting plans and documents, one copy of the NOI Wetland Fee Transmittal Form,
and a copy of the state fee payment to the MassDEP Regional Office (see Instructions) by certified mail or hand delivery.
Other:
If the applicant has checked the "yes" box in Section C, Items 13, above, refer to that section and the Instructions for additional submittal
requirements.
The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the
Notice of Intent.
Massachusetts Department of Environmental
Protection
Bureau of Resource Protection Wetlands
WPA Form 3 Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File #:
eDEP Transaction #:2051902
City/Town:BARNSTABLE
Page 4 of 7 * ELECTRONIC COPY
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:
A.General Information1. Project Location:a. Street Address 67 FIRE STATION ROADb. City/Town BARNSTABLE c. Zip Code 02655d. Latitude 41.63126N e. Longitude 70.39122Wf. Map/Plat #117 g.Parcel/Lot #0072. Applicant:Individual Organizationa. First Name JAMES J. & ALISON M.b.Last Name FITZPATRICKc. Organizationd. Mailing Address 4 DICARLO ROADe. City/Town HOPKINTON,f. State MA g. Zip Code 01748h. Phone Number 5084101413 i. Fax j. Email jjfitzhop53@gmail.com3.Property Owner:more than one ownera. First Name JAMES J. & ALISON M.b. Last Name FITZPATRICKc. Organizationd. Mailing Address 4 DICARLO ROADe. City/Town HOPKINTON,f.State MA g. Zip Code 01748h. Phone Number 5084101413 i. Fax j.Email jjfitzhop53@gmail.com4.Representative:a. First Name CHARLES b. Last Name ROWLAND, P.E.c. Organization CAPE & ISLANDS ENGINEERING INCd. Mailing Address 800 FALMOUTH ROAD, SUITE 301Ce. City/Town MASHPEE f. State MA g. Zip Code 02649h.Phone Number 5084777272 i.Fax j.Email chuck@capeeng.com5.Total WPA Fee Paid (Automatically inserted from NOI Wetland Fee Transmittal Form):a.Total Fee Paid 330.00 b.State Fee Paid 152.50 c.City/Town Fee Paid 177.506.General Project Description:THE APPLICANT PROPOSES THE CONSTRUCTION OF AN INGROUND POOL WITH A PATIO AS WELL ASLANDSCAPE IMPROVEMENTS. WORK WILL OCCUR WITHIN RIVERFRONT AREA AND WITHIN THE 100FEETOF JURISDICTIONAL WETLAND RESOURCE AREAS.7a.Project Type:1. Single Family Home 2. Residential Subdivision3.Limited Project Driveway Crossing 4.Commercial/Industrial5.Dock/Pier 6.Utilities7.Coastal Engineering Structure 8.Agriculture (eg., cranberries, forestry)9.Transportation 10.Other7b.Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 (coastal) or 310CMR 10.53 (inland)?1.Yes No If yes, describe which limited project applies to this project:2. Limited Project8.Property recorded at the Registry of Deeds for:a.County:b.Certificate:c.Book:d.Page:BARNSTABLE 37540 236B. Buffer Zone & Resource Area Impacts (temporary & permanent)1.Buffer Zone & Resource Area Impacts (temporary & permanent):This is a Buffer Zone only project Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland,Inland Bank, or Coastal Resource Area.2.Inland Resource Areas: (See 310 CMR 10.54 10.58, if not applicable, go to Section B.3. Coastal Resource Areas)Resource Area Size of Proposed Alteration Proposed Replacement (if any)a.Bank 1. linear feet 2. linear feetb.Bordering Vegetated Wetland 1. square feet 2. square feetc.Land under Waterbodies and Waterways 1. Square feet 2. square feet3. cubic yards dredgedd.Bordering Land Subject to Flooding 1. square feet 2. square feet3. cubic feet of flood storage lost 4. cubic feet replacede.Isolated Land Subject to Flooding 1. square feet2. cubic feet of flood storage lost 3. cubic feet replacedf.Riverfront Area 1. Name of Waterway (if any)2. Width of Riverfront Area (check one)25 ft. Designated Densely Developed Areas only100 ft. New agricultural projects only200 ft. All other projects3. Total area of Riverfront Area on the site of the proposed project 20300square feet4. Proposed Alteration of the Riverfront Area:1135a. total square feet 0b. 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 No6. Was the lot where the activity is proposed created prior to August 1, 1996?Yes No3.Coastal Resource Areas: (See 310 CMR 10.25 10.35)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 feet2. cubic yards dredgedc.Barrier Beaches Indicate size under Coastal Beaches and/or Coatstal Dunes, belowd.Coastal Beaches 1. square feet 2. cubic yards beach nourishmente.Coastal Dunes 1. square feet 2. cubic yards dune nourishmentf.Coastal Banks 1. linear feetg.Rocky Intertidal Shores 1. square feeth.Salt Marshes 1. square feet 2. sq ft restoration, rehab, crea.i.Land Under Salt Ponds 1. square feet2. cubic yards dredgedj.Land Containing Shellfish 1. square feetk.Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland LandUnder Waterbodies and Waterways, above1. cubic yards dredgedl.Land Subject to CoastalStorm Flowage 1. square feet4.Restoration/Enhancement Restoration/ReplacementIf the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has beenentered in Section B.2.b or B.3.h above, please entered the additional amount here.a. square feet of BVW b. square feet of Salt Marsh5.Projects Involves Stream Crossings Project Involves Streams CrossingsIf the project involves Stream Crossings, please enter the number of new stream crossings/number of replacement stream crossings.a. number of new stream crossings b. number of replacement stream crossingsC. Other Applicable Standards and RequirementsStreamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review1.Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recentEstimated Habitat Map of StateListed Rare Wetland Wildlife published by the Natural Heritage of Endangered Species program(NHESP)?a.Yes NoIf yes, include proof of mailing or hand delivery of NOI to:Natural Heritage and Endangered SpeciesProgramDivision of Fisheries and Wildlife1 Rabbit Hill RoadWestborough, MA 01581b. Date of map:FROM MAP VIEWERIf yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18)....c. Submit Supplemental Information for Endangered Species Review * (Check boxes as they apply)1. Percentage/acreage of property to be altered:(a) within Wetland Resource Area percentage/acreage(b) outside Resource Area percentage/acreage2. Assessor's Map or rightofway plan of site3. Project plans for entire project site, including wetland resource areas and areas outside of wetland jurisdiction, showingexisting 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 sitec. MESA filing fee (fee information available at: http://www.mass.gov/eea/agencies/dfg/dfw/naturalheritage/regulatoryreview/massendangeredspeciesactmesa/mesafeeschedule.html )Make check payable to "Natural Heritage & Endangered Species Fund" and mail to NHESP at above addressProjects altering 10 or more acres of land, also submit:d.Vegetation cover type map of site
e.Project plans showing Priority & Estimated Habitat boundaries
d. 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, http://www.mass.gov/eea/agencies/dfg/dfw/lawsregulations/cmr/321cmr1000massachusettsendangered
speciesact.html#10.14; 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 Number
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.
*Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review...
2.For coastal projects only, is any portion of the proposed project located below the mean high waterline or in a fish run?
a. Not applicable project is in inland resource area only
b.Yes No
If yes, include proof of mailing or hand delivery of NOI to either:
South Shore Cohasset to Rhode Island, and the Cape & Islands:
Division of Marine Fisheries
Southeast Marine Fisheries Station
Attn: Environmental Reviewer
836 S. Rodney French Blvd
New Bedford, MA 02744
North Shore Hull to New Hampshire:
Division of Marine Fisheries
North Shore Office
Attn: Environmental Reviewer
30 Emerson Avenue
Gloucester, MA 01930
If yes, it may require a Chapter 91 license. For coastal towns in the Northeast Region, please contact MassDEP's Boston Office.
For coastal towns in the Southeast Region, please contact MassDEP's Southeast Regional office.
3.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 DEP Website for ACEC locations). Note:
electronic filers click on Website.
b. ACEC Name
4.Is any portion of the proposed project within an area designated as an Outstanding Resource Water (ORW) as designated in the
Massachusetts Surface Water Quality Standards, 314 CMR 4.00?
a.Yes No
5.Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Restriction Act (M.G.L.c. 131, §
40A) or the Coastal Wetlands Restriction Act (M.G.L.c. 130, § 105)?
a.Yes No
6.Is this project subject to provisions of the MassDEP Stormwater Management Standards?
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, Explain why the project is exempt:
1.Single Family Home
2.Emergency Road Repair
3.Small Residential Subdivision (less than or equal to 4 singlefamily houses or less than or equal to 4 units in multifamily
housing project) with no discharge to Critical Areas.
D. Additional Information
Applicants must include the following with this Notice of Intent (NOI). See instructions for details.
Online Users: Attach the document transaction number (provided on your receipt page) for any of the following information you
submit to the Department by regular mail delivery.
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.
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.
a. Plan Title:b. Plan Prepared By:c. Plan Signed/Stamped By:c. Revised Final Date:e. Scale:
PROPOSED POOL
PLAN
CAPE & ISLANDS
ENGINEERING, INC.
CHUCK ROWLAND, P.E. &
J. JACOB FRICKE, P.L.S.August 24, 2026 1" = 20'
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:
2. Municipal Check Number 3. Check date
4. State Check Number 5. Check date
6. Payer name on check: First Name 7. Payer name on check: Last Name
F. Signatures and Submittal Requirements
I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true
and complete to the best of my knowledge. I understand that the Conservation Commission will place notification of this Notice in a local newspaper
at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a).
I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G.L. c. 131, § 40.
Notice must be made by Certificate of Mailing or in writing by hand delivery or certified mail (return receipt requested) to all abutters within 100 feet
of the property line of the project location.
James Fitzpatrick 9/15/2026
1. Signature of Applicant 2. Date
James Fitzpatrick 9/15/2026
3. Signature of Property Owner(if different)4. Date
Charles Rowland, P.E.9/15/2026
5. Signature of Representative (if any)6. Date
For Conservation Commission:
Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents, two copies of the NOI Wetland Fee Transmittal
Form, and the city/town fee payment, to the Conservation Commission by certified mail or hand delivery.
For MassDEP:
One copy of the completed Notice of Intent (Form 3), including supporting plans and documents, one copy of the NOI Wetland Fee Transmittal Form,
and a copy of the state fee payment to the MassDEP Regional Office (see Instructions) by certified mail or hand delivery.
Other:
If the applicant has checked the "yes" box in Section C, Items 13, above, refer to that section and the Instructions for additional submittal
requirements.
The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the
Notice of Intent.
Massachusetts Department of Environmental
Protection
Bureau of Resource Protection Wetlands
WPA Form 3 Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File #:
eDEP Transaction #:2051902
City/Town:BARNSTABLE
Page 5 of 7 * ELECTRONIC COPY
a.Yes, Attach a copy of the Stormwater Report as required by the Stormwater Management Standards per 310 CMR10.05(6)(k)(q) and check if:A.General Information1. Project Location:a. Street Address 67 FIRE STATION ROADb. City/Town BARNSTABLE c. Zip Code 02655d. Latitude 41.63126N e. Longitude 70.39122Wf. Map/Plat #117 g.Parcel/Lot #0072. Applicant:Individual Organizationa. First Name JAMES J. & ALISON M.b.Last Name FITZPATRICKc. Organizationd. Mailing Address 4 DICARLO ROADe. City/Town HOPKINTON,f. State MA g. Zip Code 01748h. Phone Number 5084101413 i. Fax j. Email jjfitzhop53@gmail.com3.Property Owner:more than one ownera. First Name JAMES J. & ALISON M.b. Last Name FITZPATRICKc. Organizationd. Mailing Address 4 DICARLO ROADe. City/Town HOPKINTON,f.State MA g. Zip Code 01748h. Phone Number 5084101413 i. Fax j.Email jjfitzhop53@gmail.com4.Representative:a. First Name CHARLES b. Last Name ROWLAND, P.E.c. Organization CAPE & ISLANDS ENGINEERING INCd. Mailing Address 800 FALMOUTH ROAD, SUITE 301Ce. City/Town MASHPEE f. State MA g. Zip Code 02649h.Phone Number 5084777272 i.Fax j.Email chuck@capeeng.com5.Total WPA Fee Paid (Automatically inserted from NOI Wetland Fee Transmittal Form):a.Total Fee Paid 330.00 b.State Fee Paid 152.50 c.City/Town Fee Paid 177.506.General Project Description:THE APPLICANT PROPOSES THE CONSTRUCTION OF AN INGROUND POOL WITH A PATIO AS WELL ASLANDSCAPE IMPROVEMENTS. WORK WILL OCCUR WITHIN RIVERFRONT AREA AND WITHIN THE 100FEETOF JURISDICTIONAL WETLAND RESOURCE AREAS.7a.Project Type:1. Single Family Home 2. Residential Subdivision3.Limited Project Driveway Crossing 4.Commercial/Industrial5.Dock/Pier 6.Utilities7.Coastal Engineering Structure 8.Agriculture (eg., cranberries, forestry)9.Transportation 10.Other7b.Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 (coastal) or 310CMR 10.53 (inland)?1.Yes No If yes, describe which limited project applies to this project:2. Limited Project8.Property recorded at the Registry of Deeds for:a.County:b.Certificate:c.Book:d.Page:BARNSTABLE 37540 236B. Buffer Zone & Resource Area Impacts (temporary & permanent)1.Buffer Zone & Resource Area Impacts (temporary & permanent):This is a Buffer Zone only project Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland,Inland Bank, or Coastal Resource Area.2.Inland Resource Areas: (See 310 CMR 10.54 10.58, if not applicable, go to Section B.3. Coastal Resource Areas)Resource Area Size of Proposed Alteration Proposed Replacement (if any)a.Bank 1. linear feet 2. linear feetb.Bordering Vegetated Wetland 1. square feet 2. square feetc.Land under Waterbodies and Waterways 1. Square feet 2. square feet3. cubic yards dredgedd.Bordering Land Subject to Flooding 1. square feet 2. square feet3. cubic feet of flood storage lost 4. cubic feet replacede.Isolated Land Subject to Flooding 1. square feet2. cubic feet of flood storage lost 3. cubic feet replacedf.Riverfront Area 1. Name of Waterway (if any)2. Width of Riverfront Area (check one)25 ft. Designated Densely Developed Areas only100 ft. New agricultural projects only200 ft. All other projects3. Total area of Riverfront Area on the site of the proposed project 20300square feet4. Proposed Alteration of the Riverfront Area:1135a. total square feet 0b. 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 No6. Was the lot where the activity is proposed created prior to August 1, 1996?Yes No3.Coastal Resource Areas: (See 310 CMR 10.25 10.35)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 feet2. cubic yards dredgedc.Barrier Beaches Indicate size under Coastal Beaches and/or Coatstal Dunes, belowd.Coastal Beaches 1. square feet 2. cubic yards beach nourishmente.Coastal Dunes 1. square feet 2. cubic yards dune nourishmentf.Coastal Banks 1. linear feetg.Rocky Intertidal Shores 1. square feeth.Salt Marshes 1. square feet 2. sq ft restoration, rehab, crea.i.Land Under Salt Ponds 1. square feet2. cubic yards dredgedj.Land Containing Shellfish 1. square feetk.Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland LandUnder Waterbodies and Waterways, above1. cubic yards dredgedl.Land Subject to CoastalStorm Flowage 1. square feet4.Restoration/Enhancement Restoration/ReplacementIf the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has beenentered in Section B.2.b or B.3.h above, please entered the additional amount here.a. square feet of BVW b. square feet of Salt Marsh5.Projects Involves Stream Crossings Project Involves Streams CrossingsIf the project involves Stream Crossings, please enter the number of new stream crossings/number of replacement stream crossings.a. number of new stream crossings b. number of replacement stream crossingsC. Other Applicable Standards and RequirementsStreamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review1.Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recentEstimated Habitat Map of StateListed Rare Wetland Wildlife published by the Natural Heritage of Endangered Species program(NHESP)?a.Yes NoIf yes, include proof of mailing or hand delivery of NOI to:Natural Heritage and Endangered SpeciesProgramDivision of Fisheries and Wildlife1 Rabbit Hill RoadWestborough, MA 01581b. Date of map:FROM MAP VIEWERIf yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18)....c. Submit Supplemental Information for Endangered Species Review * (Check boxes as they apply)1. Percentage/acreage of property to be altered:(a) within Wetland Resource Area percentage/acreage(b) outside Resource Area percentage/acreage2. Assessor's Map or rightofway plan of site3. Project plans for entire project site, including wetland resource areas and areas outside of wetland jurisdiction, showingexisting 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 sitec. MESA filing fee (fee information available at: http://www.mass.gov/eea/agencies/dfg/dfw/naturalheritage/regulatoryreview/massendangeredspeciesactmesa/mesafeeschedule.html )Make check payable to "Natural Heritage & Endangered Species Fund" and mail to NHESP at above addressProjects altering 10 or more acres of land, also submit:d.Vegetation cover type map of sitee.Project plans showing Priority & Estimated Habitat boundariesd. OR Check One of the following1. Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321CMR 10.14, http://www.mass.gov/eea/agencies/dfg/dfw/lawsregulations/cmr/321cmr1000massachusettsendangeredspeciesact.html#10.14; the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR10.37 and 10.59.)2. Separate MESA review ongoing.a. NHESP Tracking Numberb. Date submitted to NHESP3.Separate MESA review completed.Include copy of NHESP "no Take" determination or valid Conservation & Management Permit with approved plan.*Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review...2.For coastal projects only, is any portion of the proposed project located below the mean high waterline or in a fish run?a. Not applicable project is in inland resource area onlyb.Yes NoIf yes, include proof of mailing or hand delivery of NOI to either:South Shore Cohasset to Rhode Island, and the Cape & Islands:Division of Marine Fisheries Southeast Marine Fisheries StationAttn: Environmental Reviewer836 S. Rodney French Blvd New Bedford, MA 02744 North Shore Hull to New Hampshire:Division of Marine Fisheries North Shore OfficeAttn: Environmental Reviewer30 Emerson AvenueGloucester, MA 01930If yes, it may require a Chapter 91 license. For coastal towns in the Northeast Region, please contact MassDEP's Boston Office.For coastal towns in the Southeast Region, please contact MassDEP's Southeast Regional office.3.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 WPAForm 3 or DEP Website for ACEC locations). Note:electronic filers click on Website.b. ACEC Name4.Is any portion of the proposed project within an area designated as an Outstanding Resource Water (ORW) as designated in theMassachusetts Surface Water Quality Standards, 314 CMR 4.00?a.Yes No5.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 No6.Is this project subject to provisions of the MassDEP Stormwater Management Standards?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, Explain why the project is exempt:
1.Single Family Home
2.Emergency Road Repair
3.Small Residential Subdivision (less than or equal to 4 singlefamily houses or less than or equal to 4 units in multifamily
housing project) with no discharge to Critical Areas.
D. Additional Information
Applicants must include the following with this Notice of Intent (NOI). See instructions for details.
Online Users: Attach the document transaction number (provided on your receipt page) for any of the following information you
submit to the Department by regular mail delivery.
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.
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.
a. Plan Title:b. Plan Prepared By:c. Plan Signed/Stamped By:c. Revised Final Date:e. Scale:
PROPOSED POOL
PLAN
CAPE & ISLANDS
ENGINEERING, INC.
CHUCK ROWLAND, P.E. &
J. JACOB FRICKE, P.L.S.August 24, 2026 1" = 20'
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:
2. Municipal Check Number 3. Check date
4. State Check Number 5. Check date
6. Payer name on check: First Name 7. Payer name on check: Last Name
F. Signatures and Submittal Requirements
I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true
and complete to the best of my knowledge. I understand that the Conservation Commission will place notification of this Notice in a local newspaper
at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a).
I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G.L. c. 131, § 40.
Notice must be made by Certificate of Mailing or in writing by hand delivery or certified mail (return receipt requested) to all abutters within 100 feet
of the property line of the project location.
James Fitzpatrick 9/15/2026
1. Signature of Applicant 2. Date
James Fitzpatrick 9/15/2026
3. Signature of Property Owner(if different)4. Date
Charles Rowland, P.E.9/15/2026
5. Signature of Representative (if any)6. Date
For Conservation Commission:
Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents, two copies of the NOI Wetland Fee Transmittal
Form, and the city/town fee payment, to the Conservation Commission by certified mail or hand delivery.
For MassDEP:
One copy of the completed Notice of Intent (Form 3), including supporting plans and documents, one copy of the NOI Wetland Fee Transmittal Form,
and a copy of the state fee payment to the MassDEP Regional Office (see Instructions) by certified mail or hand delivery.
Other:
If the applicant has checked the "yes" box in Section C, Items 13, above, refer to that section and the Instructions for additional submittal
requirements.
The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the
Notice of Intent.
Massachusetts Department of Environmental
Protection
Bureau of Resource Protection Wetlands
WPA Form 3 Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File #:
eDEP Transaction #:2051902
City/Town:BARNSTABLE
Page 6 of 7 * ELECTRONIC COPY
a.Yes, Attach a copy of the Stormwater Report as required by the Stormwater Management Standards per 310 CMR10.05(6)(k)(q) and check if:A.General Information1. Project Location:a. Street Address 67 FIRE STATION ROADb. City/Town BARNSTABLE c. Zip Code 02655d. Latitude 41.63126N e. Longitude 70.39122Wf. Map/Plat #117 g.Parcel/Lot #0072. Applicant:Individual Organizationa. First Name JAMES J. & ALISON M.b.Last Name FITZPATRICKc. Organizationd. Mailing Address 4 DICARLO ROADe. City/Town HOPKINTON,f. State MA g. Zip Code 01748h. Phone Number 5084101413 i. Fax j. Email jjfitzhop53@gmail.com3.Property Owner:more than one ownera. First Name JAMES J. & ALISON M.b. Last Name FITZPATRICKc. Organizationd. Mailing Address 4 DICARLO ROADe. City/Town HOPKINTON,f.State MA g. Zip Code 01748h. Phone Number 5084101413 i. Fax j.Email jjfitzhop53@gmail.com4.Representative:a. First Name CHARLES b. Last Name ROWLAND, P.E.c. Organization CAPE & ISLANDS ENGINEERING INCd. Mailing Address 800 FALMOUTH ROAD, SUITE 301Ce. City/Town MASHPEE f. State MA g. Zip Code 02649h.Phone Number 5084777272 i.Fax j.Email chuck@capeeng.com5.Total WPA Fee Paid (Automatically inserted from NOI Wetland Fee Transmittal Form):a.Total Fee Paid 330.00 b.State Fee Paid 152.50 c.City/Town Fee Paid 177.506.General Project Description:THE APPLICANT PROPOSES THE CONSTRUCTION OF AN INGROUND POOL WITH A PATIO AS WELL ASLANDSCAPE IMPROVEMENTS. WORK WILL OCCUR WITHIN RIVERFRONT AREA AND WITHIN THE 100FEETOF JURISDICTIONAL WETLAND RESOURCE AREAS.7a.Project Type:1. Single Family Home 2. Residential Subdivision3.Limited Project Driveway Crossing 4.Commercial/Industrial5.Dock/Pier 6.Utilities7.Coastal Engineering Structure 8.Agriculture (eg., cranberries, forestry)9.Transportation 10.Other7b.Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 (coastal) or 310CMR 10.53 (inland)?1.Yes No If yes, describe which limited project applies to this project:2. Limited Project8.Property recorded at the Registry of Deeds for:a.County:b.Certificate:c.Book:d.Page:BARNSTABLE 37540 236B. Buffer Zone & Resource Area Impacts (temporary & permanent)1.Buffer Zone & Resource Area Impacts (temporary & permanent):This is a Buffer Zone only project Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland,Inland Bank, or Coastal Resource Area.2.Inland Resource Areas: (See 310 CMR 10.54 10.58, if not applicable, go to Section B.3. Coastal Resource Areas)Resource Area Size of Proposed Alteration Proposed Replacement (if any)a.Bank 1. linear feet 2. linear feetb.Bordering Vegetated Wetland 1. square feet 2. square feetc.Land under Waterbodies and Waterways 1. Square feet 2. square feet3. cubic yards dredgedd.Bordering Land Subject to Flooding 1. square feet 2. square feet3. cubic feet of flood storage lost 4. cubic feet replacede.Isolated Land Subject to Flooding 1. square feet2. cubic feet of flood storage lost 3. cubic feet replacedf.Riverfront Area 1. Name of Waterway (if any)2. Width of Riverfront Area (check one)25 ft. Designated Densely Developed Areas only100 ft. New agricultural projects only200 ft. All other projects3. Total area of Riverfront Area on the site of the proposed project 20300square feet4. Proposed Alteration of the Riverfront Area:1135a. total square feet 0b. 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 No6. Was the lot where the activity is proposed created prior to August 1, 1996?Yes No3.Coastal Resource Areas: (See 310 CMR 10.25 10.35)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 feet2. cubic yards dredgedc.Barrier Beaches Indicate size under Coastal Beaches and/or Coatstal Dunes, belowd.Coastal Beaches 1. square feet 2. cubic yards beach nourishmente.Coastal Dunes 1. square feet 2. cubic yards dune nourishmentf.Coastal Banks 1. linear feetg.Rocky Intertidal Shores 1. square feeth.Salt Marshes 1. square feet 2. sq ft restoration, rehab, crea.i.Land Under Salt Ponds 1. square feet2. cubic yards dredgedj.Land Containing Shellfish 1. square feetk.Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland LandUnder Waterbodies and Waterways, above1. cubic yards dredgedl.Land Subject to CoastalStorm Flowage 1. square feet4.Restoration/Enhancement Restoration/ReplacementIf the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has beenentered in Section B.2.b or B.3.h above, please entered the additional amount here.a. square feet of BVW b. square feet of Salt Marsh5.Projects Involves Stream Crossings Project Involves Streams CrossingsIf the project involves Stream Crossings, please enter the number of new stream crossings/number of replacement stream crossings.a. number of new stream crossings b. number of replacement stream crossingsC. Other Applicable Standards and RequirementsStreamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review1.Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recentEstimated Habitat Map of StateListed Rare Wetland Wildlife published by the Natural Heritage of Endangered Species program(NHESP)?a.Yes NoIf yes, include proof of mailing or hand delivery of NOI to:Natural Heritage and Endangered SpeciesProgramDivision of Fisheries and Wildlife1 Rabbit Hill RoadWestborough, MA 01581b. Date of map:FROM MAP VIEWERIf yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18)....c. Submit Supplemental Information for Endangered Species Review * (Check boxes as they apply)1. Percentage/acreage of property to be altered:(a) within Wetland Resource Area percentage/acreage(b) outside Resource Area percentage/acreage2. Assessor's Map or rightofway plan of site3. Project plans for entire project site, including wetland resource areas and areas outside of wetland jurisdiction, showingexisting 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 sitec. MESA filing fee (fee information available at: http://www.mass.gov/eea/agencies/dfg/dfw/naturalheritage/regulatoryreview/massendangeredspeciesactmesa/mesafeeschedule.html )Make check payable to "Natural Heritage & Endangered Species Fund" and mail to NHESP at above addressProjects altering 10 or more acres of land, also submit:d.Vegetation cover type map of sitee.Project plans showing Priority & Estimated Habitat boundariesd. OR Check One of the following1. Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321CMR 10.14, http://www.mass.gov/eea/agencies/dfg/dfw/lawsregulations/cmr/321cmr1000massachusettsendangeredspeciesact.html#10.14; the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR10.37 and 10.59.)2. Separate MESA review ongoing.a. NHESP Tracking Numberb. Date submitted to NHESP3.Separate MESA review completed.Include copy of NHESP "no Take" determination or valid Conservation & Management Permit with approved plan.*Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review...2.For coastal projects only, is any portion of the proposed project located below the mean high waterline or in a fish run?a. Not applicable project is in inland resource area onlyb.Yes NoIf yes, include proof of mailing or hand delivery of NOI to either:South Shore Cohasset to Rhode Island, and the Cape & Islands:Division of Marine Fisheries Southeast Marine Fisheries StationAttn: Environmental Reviewer836 S. Rodney French Blvd New Bedford, MA 02744 North Shore Hull to New Hampshire:Division of Marine Fisheries North Shore OfficeAttn: Environmental Reviewer30 Emerson AvenueGloucester, MA 01930If yes, it may require a Chapter 91 license. For coastal towns in the Northeast Region, please contact MassDEP's Boston Office.For coastal towns in the Southeast Region, please contact MassDEP's Southeast Regional office.3.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 WPAForm 3 or DEP Website for ACEC locations). Note:electronic filers click on Website.b. ACEC Name4.Is any portion of the proposed project within an area designated as an Outstanding Resource Water (ORW) as designated in theMassachusetts Surface Water Quality Standards, 314 CMR 4.00?a.Yes No5.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 No6.Is this project subject to provisions of the MassDEP Stormwater Management Standards?1.Applying for Low Impact Development (LID) site design credits (as described in Stormwater Management HandbookVol.2, Chapter 3)2.A portion of the site constitutes redevelopment3.Proprietary BMPs are included in the Stormwater Management Systemb.No, Explain why the project is exempt:1.Single Family Home2.Emergency Road Repair3.Small Residential Subdivision (less than or equal to 4 singlefamily houses or less than or equal to 4 units in multifamilyhousing project) with no discharge to Critical Areas.D. Additional InformationApplicants 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 yousubmit to the Department by regular mail delivery.1.USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for theConservation 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.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.a. Plan Title:b. Plan Prepared By:c. Plan Signed/Stamped By:c. Revised Final Date:e. Scale:PROPOSED POOLPLAN CAPE & ISLANDSENGINEERING, INC.CHUCK ROWLAND, P.E. &J. JACOB FRICKE, P.L.S.August 24, 2026 1" = 20'
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:
2. Municipal Check Number 3. Check date
4. State Check Number 5. Check date
6. Payer name on check: First Name 7. Payer name on check: Last Name
F. Signatures and Submittal Requirements
I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true
and complete to the best of my knowledge. I understand that the Conservation Commission will place notification of this Notice in a local newspaper
at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a).
I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G.L. c. 131, § 40.
Notice must be made by Certificate of Mailing or in writing by hand delivery or certified mail (return receipt requested) to all abutters within 100 feet
of the property line of the project location.
James Fitzpatrick 9/15/2026
1. Signature of Applicant 2. Date
James Fitzpatrick 9/15/2026
3. Signature of Property Owner(if different)4. Date
Charles Rowland, P.E.9/15/2026
5. Signature of Representative (if any)6. Date
For Conservation Commission:
Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents, two copies of the NOI Wetland Fee Transmittal
Form, and the city/town fee payment, to the Conservation Commission by certified mail or hand delivery.
For MassDEP:
One copy of the completed Notice of Intent (Form 3), including supporting plans and documents, one copy of the NOI Wetland Fee Transmittal Form,
and a copy of the state fee payment to the MassDEP Regional Office (see Instructions) by certified mail or hand delivery.
Other:
If the applicant has checked the "yes" box in Section C, Items 13, above, refer to that section and the Instructions for additional submittal
requirements.
The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the
Notice of Intent.
Massachusetts Department of Environmental
Protection
Bureau of Resource Protection Wetlands
WPA Form 3 Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File #:
eDEP Transaction #:2051902
City/Town:BARNSTABLE
Page 7 of 7 * ELECTRONIC COPY
A. Applicant Information
1. Applicant:
a. First Name JAMES J. & ALISON M.b.Last Name FITZPATRICK
c. Organization
d. Mailing Address 4 DICARLO ROAD
e. City/Town HOPKINTON,f. State MA g. Zip Code 01748
h. Phone Number 5084101413 i. Fax j. Email jjfitzhop53@gmail.com
2.Property Owner:(if different)
a. First Name JAMES J. & ALISON M.b. Last Name FITZPATRICK
c. Organization
d. Mailing Address 4 DICARLO ROAD
e. City/Town HOPKINTON,f.State MA g. Zip Code 01748
h. Phone Number 5084101413 i. Fax j.Email jjfitzhop53@gmail.com
3. Project Location:
a. Street Address 67 FIRE STATION ROAD b. City/Town BARNSTABLE
Are you exempted from Fee?
Note: Fee will be exempted if you are one of the following:
City/Town/County/District
Municipal Housing Authority
Indian Tribe Housing Authority
MBTA
State agencies are only exempt if the fee is less than $100
B. Fees
Activity Type Activity
Number Activity Fee RF Multiplier Sub Total
A.) WORK ON SINGLE FAMILY LOT; ADDITION,
POOL, ETC.; 2 110.00 RFA MULTIPLIER
1.5 330.00
City/Town share of filling fee
$177.50
State share of filing fee
$152.50
Total Project Fee
$330.00
Massachusetts Department of Environmental Protection
Bureau of Resource Protection Wetlands
WPA Form 3 Notice of Wetland FeeTransmittal
Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File #:
eDEP Transaction #:2051902
City/Town:BARNSTABLE
Page 1 of 1 * ELECTRONIC COPY
NOTICE OF INTENT APPLICATION 67 FIRE STATION RD, BARNSTABLE, MA
TABLE OF CONTENTS
1.0 Overview ................................................................................................................................................ 1
1.1 Introduction ......................................................................................................................................... 1
1.2 Applicable Regulations ....................................................................................................................... 1
2.0 Background ........................................................................................................................................... 1
2.1 Existing Conditions ............................................................................................................................. 1
2.2 Property History .................................................................................................................................. 1
2.3 Site Characteristics ............................................................................................................................. 1
3.0 Proposed Project .................................................................................................................................. 2
3.1 Scope of Work .................................................................................................................................... 2
3.2 Construction Methodology .................................................................................................................. 2
3.3 Avoidance and Minimization Measures .............................................................................................. 2
3.4 Anticipated Impacts ............................................................................................................................ 3
5.0 Waiver..................................................................................................................................................... 3
6.0 Applicable Performance Standards .................................................................................................... 3
6.1 Buffer Zone ......................................................................................................................................... 3
6.2 State Defined Coastal Bank................................................................................................................ 3
6.3 Riverfront Area .................................................................................................................................... 4
6.4.1 Scope of Alternatives .................................................................................................................. 4
6.4.2 No Significant Adverse Impact .................................................................................................... 5
7.0 Summary ................................................................................................................................................ 5
7.1 Performance Standard Metrics ........................................................................................................... 5
7.2 Request for Order of Conditions ......................................................................................................... 6
7.3 Contact Information ............................................................................................................................ 6
8.0 Figures .................................................................................................................................................. 7
Figure 1 – USGS Topographic Quadrangle Section ................................................................................ 7
Figure 2 – Critical Areas Map ................................................................................................................... 8
9.0 Appendicies .......................................................................................................................................... 9
Appendix A – Abutter Affidavit of Service ................................................................................................. 9
Appendix B – Abutter Notification ........................................................................................................... 10
Appendix C – Certified Abutters List ....................................................................................................... 11
Appendix D – Site Photographs.............................................................................................................. 13
Appendix E – BVW Delineation Forms ................................................................................................... 14
Appendix F – Plan of Reference (attached separately) .......................................................................... 22
NOTICE OF INTENT APPLICATION 67 FIRE STATION RD, BARNSTABLE, MA
Project Narrative Page 1
1.0 OVERVIEW
1.1 Introduction
CAPE & ISLANDS ENGINEERING, INC. is submitting this Notice of Intent (NOI) application, on behalf
of the applicant and owner, James Fitzpatrick, for the proposed construction of an in-ground pool with
a patio as well as landscape improvements at 67 Fire Station Road (Property ID: 117-007) in
Barnstable. Work will occur within Riverfront Area and within the 100-feet of jurisdictional wetland
resource areas.
1.2 Applicable Regulations
This application has been filed jointly with the Department of Environmental Protection, pursuant to the
Commonwealth of Massachusetts Wetlands Protection Act (MWPA, M.G.L. Chapter 131, Section 40)
in accordance with its implementing regulations (310 CMR 10.00); and the Town of Barnstable,
pursuant to Town of Barnstable Wetlands Protection Bylaw (Chapter 237 of the Town Code) and
implementing regulations.
2.0 BACKGROUND
2.1 Existing Conditions
The project site is located at 67 Fire Station Road is a private residentially developed property in the
village of Osterville. The lot is occupied by a single-family dwelling, with two decks, a rinse station, a
paved driveway, fencing, and shed. Open space consists of maintained lawn and trees.
2.2 Property History
The property at 67 Fire Station Road is a 33,561 square foot (sf) developed lot shown on the Town of
Barnstable Assessors as Map 117 Parcel 007. The lot has been recorded in the Barnstable County
Registry under Book 37166 Page 50. The property was originally developed in 1967 per the Town
Assessors records and rebuilt in 2019. An administrative approval (ADM-059) was issued for the
installation of a fence on August 11, 2026.
2.3 Site Characteristics
Jurisdictional wetland resources identified on or within 100 feet of the property include Coastal Bank,
Bordering Vegetated Wetlands, LSCSF, and Riverfront Area. The limits of the resource areas were
ground surveyed in the field, and are shown on the plans.
According to the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM)
Community Panel No. 25001C0544J, Effective July 16, 2014, the property is located the 100-year
floodplain Flood Zone AE (E.L. 12) and within the minimal hazard Flood Zone X (0.2%) (NADV 88).
The Massachusetts Natural Heritage and Endangered Species Program (NHESP) Atlas (15th edition,
August 1, 2021) and MassGIS online were consulted, and the project site does not fall within
Estimated Habitats of Rare Wildlife or Priority Habitats of Rare Species. There are no vernal pools
within 100 feet of the site.
The lot falls outside of mapped Areas of Critical Environmental Concern, Outstanding Resource
Waters, or Interim or Zone II Wellhead Protection Areas. The project involves work on a single-family
dwelling and is exempt for Massachusetts Stormwater Standards.
NOTICE OF INTENT APPLICATION 67 FIRE STATION RD, BARNSTABLE, MA
Project Narrative Page 2
3.0 PROPOSED PROJECT
3.1 Scope of Work
The applicant proposes to construct an x-foot by x-foot in-ground pool addition in the backyard of 67
Fire Station Road in the village of Osterville in Barnstable, MA. The pool will be encompassed by a
paver patio totaling 941 sf of additional hardscape.
The applicants propose to construct a 12-foot by 24-foot in-ground swimming pool, set at elevation
14.1. The pool will feature a cover vault and surrounded by a pool patio, giving a combined patio and
pool footprint of approximately 1,080 square feet. Approximately 130 square feet of existing patio will
be removed and replaced within that footprint. Fill for the patio will be retained by a small retaining wall
between the patio perimeter and the existing deck and porch, with a top of wall at elevation 14.0 and
an exposed height of approximately 1+/- feet above the existing adjacent grades and landscape
access stairs approximately five feet wide will be set at the westerly side of the patio. A 3-foot by 8-foot
(24 sf) pool equipment pad is proposed southwest of the patio. A system of gutters, downspouts and
drywells will be used to recharge stormwater runoff. The drywell will collect pool patio drainage and the
pool draw-down, so that neither is discharged to the ground surface or toward the resource areas. Two
short fence runs with gates, each approximately ten linear feet, will close the remaining gaps between
the dwelling and the existing side fencing to complete the pool barrier.
3.2 Construction Methodology
Prior to the start of work, the Order of Conditions and DEP File Number will be posted at the site, and
the Conservation Commission will be notified in advance that work will be starting on site. The limit of
work will be defined in the field and erosion and sedimentation controls (staked sediment sock or
equivalent) will be installed along the downgradient limit of work as shown on the plan. The limit of
work will be maintained throughout the construction phase and until all disturbed ground surfaces are
stabilized. Efforts will be coordinated to minimize disturbance within and around the subject resource
areas.
Anticipated equipment includes excavators, dump trucks, concrete trucks, and masonry/residential
construction equipment. The existing patio will be removed and the material disposed of at an
approved facility. The pool will then be excavated and excavated material will be removed from the
site. The pool structure, automatic cover vault and coping will be installed, followed by construction of
the retaining wall, preparation and compaction of the patio subgrade, and setting of the patio and
landscape access stairs to the finished elevations shown on the plan. The drywell, drain lines and pool
draw-down pit will then be installed and the pool equipment pad poured, and the fence runs and gates
will be installed to complete the pool barrier. Areas temporarily disturbed by construction will be
loamed and seeded and stabilized immediately upon completion.
No fill, debris, equipment or materials will be stored within any resource area or within the 50-foot
Buffer Zone to the Coastal Bank. Staging and stockpiling will occur on the existing lawn and driveway,
landward of the work area. The construction site will be cleaned daily. Upon completion of all work and
stabilization of the site, a site inspection will be carried out by the engineer and a request for a
Certificate of Compliance will be submitted to the Commission once all applicable conditions have
been satisfied.
3.3 Avoidance and Minimization Measures
The pool and patio are situated within the existing developed footprint and maintained lawn,
immediately southwest of the dwelling. No work is proposed within wetland resource areas, the Inner
Riparian Zone, the 100-foot Buffer Zone to Bordering Vegetated Wetland, the 50-foot Buffer Zone to
the top of the Coastal Bank, or within LSCSF. The nearest work (pool equipment pad) lies 108 feet
NOTICE OF INTENT APPLICATION 67 FIRE STATION RD, BARNSTABLE, MA
Project Narrative Page 3
from the BVW and 108 feet from the state defined coastal bank. No vegetation is cleared, no trees are
removed, grading is limited to the patio footprint and adjacent areas only
Pool patio drainage and the pool draw-down will be captured by the proposed drywell rather than
discharged to grade.
No work is proposed within the 0-50 or 50-100 foot Buffer Zone to the BVW. The nearest proposed
hardscape (pool equipment pad), lies approximately 108 feet from the BVW. The existing 50-foot
undisturbed buffer area remains intact and is unaffected by the proposed work, so no mitigation
planting is required under Chapter 704-3B.
3.4 Anticipated Impacts
The proposed work will occur entirely within the 100-200-foot Outer Riparian Zone of the Riverfront
Area, and partly within the 50-100-foot Buffer Zone to the DEP state Coastal Bank Only. No work is
proposed within 100’ of the BVW, directly within a wetland resource area or within LSCSF.
The design results in an increase in lot coverage by structures of 401 sf, from 3,635 sf (10.8%) to
4,036 sf (12.0%). Approximately 130 sf of existing patio is removed and replaced. All of the proposed
work falls within previously disturbed and maintained areas of the rear yard. No natural vegetation will
be cleared and no trees will be cut.
5.0 WAIVER
No work falls within 50-foot buffer to resource areas and is therefore exempt from waiver requirements
per Chapter 704-6(4) of the Barnstable Town Code.
6.0 APPLICABLE PERFORMANCE STANDARDS
The following is a discussion of how the proposed project meets the performance standards under state
and local regulations for each jurisdictional resource area impacted as a result of project activities.
6.1 Buffer Zone
Definitions and performance standards for activities in the Buffer Zone are set forth locally in Chapter
704 of the Barnstable Town Code. The 0-50-ft and 50-100-foot Buffer Zones are defined from the most
landward resource from the Top of Coastal Bank. The 0-50-ft Buffer Zone to the BVW is undisturbed
and consists of natural vegetation.
No work is proposed within the 100-foot Buffer Zone to BVW and no work is proposed within the 50-
foot Buffer Zone to the top of the Coastal Bank. Approximately 280 sf of proposed hardscape lies
within the 50- to 100-foot Buffer Zone to the top of the Coastal Bank, comprising approximately 256 sf
of pool and patio and the 24 sf equipment pad.
6.2 State Defined Coastal Bank
Definitions and performance standards for activities within Coastal Bank are set forth in 310 CMR
10.30. The top of State Defined Coastal Bank was delineated according to Policy 19-2 and is defined
where the slope becomes greater than 4:1 and less than 10:1. No work will be performed directly
within State Coastal Bank.
The Coastal Bank is not considered an eroding bank according to the CZM Coastal Erosion Analysis
Tool. The proposed work will not impact the stability of the bank or clear any naturally vegetated areas
or wildlife habitat. Pool drawn down and patio will be captured by a drywell. No new alterations are
proposed in Coastal Bank and no cumulative adverse impacts are anticipated.
NOTICE OF INTENT APPLICATION 67 FIRE STATION RD, BARNSTABLE, MA
Project Narrative Page 4
6.3 Riverfront Area
Definitions and performance standards for activities within Riverfront Area are set forth in 310 CMR
10.58. A 200-foot Riverfront Area is associated with an unnamed creek extend 200 feet horizontally
from the mean annual high-water line as surveyed in the field and shown on the plan; at this site that
line coincides with the delineated BVW. The upland area of the lot within the Riverfront Area is
approximately 20,300 sf.
All of the proposed is located entirely within the 100-200-foot Outer Riparian Zone. No work is
proposed within the 0-100-foot Inner Riparian Zone. An Alternatives Analysis has been conducted in
accordance with 310 CMR 10.58(4)(c). The scope and evaluation of practicable alternatives are set
out below, and the selected design is the one with the fewest impacts to the Riverfront Area that meets
the purpose of the project.
6.4.1 Scope of Alternatives
Under 310 CMR 10.58(4)(c), the scope of alternatives is commensurate with the type and size of
the project and depends on the extent to which the applicant owns or controls adjacent land. The
purpose of this project is to provide an in-ground swimming pool and pool patio for the existing
single-family residence, sited so that the pool barrier can be completed and the separations
required from the on-site sewage disposal system can be maintained. The applicants do not own
abutting land and the lot cannot be reconfigured. The following four alternatives were evaluated:
Alternative of work outside the Riverfront Area (unrealistic scenario)
The 200-foot Riverfront Area line crosses the lot through the existing dwelling. The only portion of
the lot outside the Riverfront Area is the front yard, which contains the gravel driveway, water and
gas services, the overhead electric service and the frontage on a public way. A pool and patio
would not be feasible in this location. There is no practicable alternative that locates the work
entirely outside the Riverfront Area, and the practical solution is to work within the confines of the
property bounds.
Alternative #1 – No Action
Under the no-action alternative the existing patio remains in place and no pool is constructed.
This does not meet the needs of the client or fulfill the potential of the space. It also forgoes the
drainage improvement that the project provides: the existing patio currently sheds runoff to grade
with no recharge structure, whereas the proposed condition captures patio drainage in a drywell.
The no-action alternative therefore neither meets the project purpose nor provides any benefit to
the resource areas over the proposed condition.
Alternative #2 – Pool and patio located farther south in the rear lawn
This alternative would locate the pool and patio in the open rear lawn, away from the dwelling. It
was evaluated and rejected. Moving the pool and patio south moves elements closer to resource
areas. A location in the open rear lawn would place the work within the 0- to 100-foot Inner
riverfront area Zone and100-foot Buffer Zone to the top of the BVW. The open rear lawn is
occupied by the existing subsurface sewage disposal system. Based on the approximate limits of
the system, a pool in that area could not maintain the required separations to the septic tank and
the soil absorption system, and would require relocation of a functioning septic system, a far
larger alteration within the Riverfront Area than the entire proposed project. This alternative is not
favorable in terms of cost, time, and environmental impact.
Alternative #3 – Pool and patio adjacent to the dwelling, partially within existing patio
footprint (preferred)
The preferred alternative places the pool and patio immediately southwest of the dwelling,
incorporating and replacing the existing patio. This is the point in the rear yard farthest from the
resource areas at which the project purpose can be achieved while maintaining the Title 5
separations from the existing sewage disposal system. The result is that no work occurs within
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the Inner Riparian Zone, 100-foot Buffer Zone to BVW. Approximately 130 sf of existing
impervious patio is reused, and all remaining work falls within maintained lawn, so that no natural
vegetation is cleared. Alteration within the Riverfront Area totals approximately 2,100 sf, well
below the applicable threshold and stormwater is improved over existing conditions through the
proposed drywell.
Of the alternatives evaluated, this results in the least alteration within the Riverfront Area, is the
only alternative that both meets the project purpose and maintains the required separations from
the on-site sewage disposal system, and is the alternative located farthest from the river. The
information provided here is presented to establish that the proposed project as designed is a
better development compared to existing conditions and to the other possible alternatives, in
accordance with 310 CMR 10.58(4)(c), while also meeting the needs of the client.
6.4.2 No Significant Adverse Impact
Under 310 CMR 10.58(4)(d)1, the issuing authority may allow the alteration of up to 5,000 sf or
10% of the Riverfront Area within the lot, whichever is greater, on a lot recorded on or before
October 6, 1997. The Riverfront Area within this lot is approximately 20,300 sf, 10% of which is
approximately 2,030 sf; the applicable threshold is therefore 5,000 sf.
The proposed alteration within the Riverfront Area is approximately 1,135 sf with a total proposed
developed footprint. The proposed alteration is below both the 5,000 sf and the 10% figures, so
the project satisfies this criterion regardless of which threshold applies.
The proposed project maintains a continuous naturally vegetated area extending from the mean
annual high-water line landward to the edge of the existing maintained lawn. No vegetation of
habitat value will be removed. All work occurs within an existing patio footprint and maintained
lawn immediately adjacent to the dwelling. The project adds 940 sf of hardscape and directs pool
patio drainage and the pool draw-down to a drywell, so runoff is recharged rather than discharged
to grade and the project adds no wastewater flow. The project will not result in cumulative
adverse effects to Riverfront Area
7.0 SUMMARY
7.1 Performance Standard Metrics
The existing wetland resources, anticipated project impacts and the proposed impact reduction
measures associated with this project have been fully documented within this Notice of Intent
application. Based on the information provided in this application it is asserted that the following
project features would result in no a benefit to the associated resource area will have no adverse
effect on the subject resource area(s) values and functional characteristics. The project should be
approved for the following reasons:
• All work will take place within previously disturbed and legally altered areas or maintained lawn.
• Stormwater management is proposed for surface runoff from the proposed patio and for the
pool draw-down, improving on existing conditions.
• Best Management Practices will be put into place which will avoid and minimize impacts to
resource areas during construction.
The project will not cause unacceptable significant or cumulative effect upon resource area values,
functions, or characteristics. The proposed drywell will serve to benefit resource area. The project
conforms to the Massachusetts Wetlands Protection Act, (MWPA, M.G.L. Chapter 131, Section 40)
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and its implementing regulations (310 CMR 10.00) and the Barnstable Wetlands Protection Bylaw,
(Chapter 237 of the Town Code) and implementing Regulations (Part VI of the Town Code).
7.2 Request for Order of Conditions
The Applicant has demonstrated and documented evidence that this project meets or exceeds all the
relevant performance standards set forth in the governing regulations and respectfully request this
project be approved and that an Order of Conditions be issued to the Applicant through its
representative.
7.3 Contact Information
In an effort to reduce the amount of paper required for filings, the entire application can be emailed
upon request to regulatory staff and commission members. Please contact Cape and Island
Engineering, Inc. at (508) 477-7272 or email Kasia Kos at kkos@capeeng.com with questions or to
obtain paper or digital copies of project information.
The Applicants representative:
Chuck Rowland, P.E.
Cape & Islands Engineering, Inc.
800 Falmouth Road, Suite 301C
Barnstable, MA 02655
508.477.7272
chuck@capeeng.com
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8.0 FIGURES
Figure 1 – USGS Topographic Quadrangle Section
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LEGEND:
Figure 2 – Critical Areas Map
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9.0 APPENDICIES
Appendix A – Abutter Affidavit of Service
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Appendix B – Abutter Notification
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Appendix C – Certified Abutters List
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Photos taken 3/9/2026
Appendix D – Site Photographs
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Appendix E – BVW Delineation Forms
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Appendix F – Plan of Reference (attached separately)