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HomeMy WebLinkAbout20260929_RDAPacket_PAVConstruction_63FarmValleyRoad Engineers Environmental Scientists Software Developers Landscape Architects Planners Surveyors 349 Main Street, Route 28, Unit D / West Yarmouth, MA 02673 / 508-778-8919 www.bscgroup.com September 15, 2026 Town of Barnstable Conservation Commission 230 Main St Hyannis, MA 02601 Attn: Edwin Hoopes, Conservation Administrator RE: Request for Determination of Applicability Application, Proposed Deck Replacement, 63 Farm Valley Road, Osterville, MA, BSC Job #013084.00 Dear Mr. Hoopes and Members of the Conservation Commission: BSC Group, Inc. (BSC) is pleased to submit this Request for Determination of Applicability (RDA) Application on behalf of PAV Construction (the Applicant) for the property located at 63 Farm Valley Road in Osterville (the Site). The purpose of this RDA is to show that the wetland delineation is correct and as such, all work is outside of conservation jurisdiction. A BSC wetland scientist delineated the site, and the closest wetland is ~131.9’ away from the existing deck as shown on the project plans. No impacts to the 100’ buffer zone are anticipated from the proposed work. Included with this RDA application is… 1. Town of Barnstable RDA Checklist 2. WPA Form 1 - RDA 3. Locus Map 4. Signed PA Form 5. Direct Abutters List & Abutter Notification Letter This application is being submitted in accordance with the Massachusetts Wetlands Protection Act and the Town of Barnstable's Wetlands Protection Bylaw and Regulations. If you have any questions or require additional information, please contact our office at (617) 896 - 4591. Truly yours, BSC Group, Inc. Matthew Creighton Senior Project Manager | Senior Ecologist | Senior Associate cc: DEP SERO, 20 Riverside Drive, Lakeville, MA 02347 David & Rosemary Gardner, 63 Farm Valley Road, Osterville, MA PAV Construction, 2649 Main Street, Chatham, MA 02659 CHAPTER 710 GUIDELINES FOR SUBMITTING A REQUEST FOR DETERMINATION OF APPLICABILITY (RDA) APPLICATION NOTE: Request for Determination of Applicability applications will not be accepted more than 18 days before the hearing date. A.The Request for Determination of Applicability is typically used for minor projects. Advance consultation with Conservation Division staff is encouraged. B.Complete the Request for Determination of Applicability application (WPA Form 1) https://www.mass.gov/doc/wpa-form-1-request-for-determination-of-applicability-fillable- pdf/download and attach the following to it: 1.A signed “Permission to Access Property – Form PA”. The form must be signed by the property owner, or legal representative, and submitted with the RDA application.. Form PA is available at https://barnstable.gov/departments/Conservation Do not send abutter letters out until Form PA is signed and submitted to the Conservation Division office. 2.Your sketch of the project on an existing engineering plan , GIS plan or aerial image. The sketch or plan shall be drawn to approximate scale and shall depict both the project footprint and the offset distances to a wetland resource area (i.e. wetlands, coastal banks, dunes, etc.) The sketch shall also be signed and dated by the preparer . GIS plan may be obtained in Conservation. 3.A copy of the locus map may be obtained from Conservation. Indicate project site with an arrow and write the word LOCUS. 4.A list of direct abutters and Assessors map of their location. These are available on the town web site at town.barnstable.gov or you may request assistance from Conservation staff. Under Chapter 237, Wetlands Protection, of the General Ordinances of the Code of the Town of Barnstable, property owners actually touching on the subject parcel upon which work is proposed shall be notified. 5.A copy of the abutter notification letter. Complete the letter supplied to you. The staff will issue you a date and time the public hearing will be held when the application is ready to be submitted. The notification letter should be sent by certified mail, the same day the application is submitted. Please plan on attending the hearing. 6.A completed copy of this checklist. C. Email RDA application and all associated materials in PDF format to Kimberly.Cavanaugh@barnstable.gov and Edwin.Hoopes@barnstable.gov All attachments must be named with the hearing date (year first), type, name, address. Examples 20220301 RDA Smith 21 Main Street or 2022031 RDA Plan Smith 21 Main Street. It is recommended that the email is sent for review in advance of submitting the paper portion of the filing to ensure it will be accepted. Town of Barnstable Conservation Commission 230 South Street, Hyannis, MA 02601 E-mail: conservation@barnstable.gov Office: 508-862-4093 D. Make 10 copies of the application with items 1-6 attached. Submit the original plus 8 copies to the Conservation office along with the filing fee. Send 1 copy to MassDEP, 20 Riverside Dr., Lakeville, MA 02347-1676. MassDEP also recommends applicants send their applications by email to SERO_NOI@mass.gov. E. Town filing fee is $175 (except $225 for vista pruning or $400 for wetland delineation confirmation). Fees shall be doubled for after-the-fact filings. Please make check payable to “Town of Barnstable”. F. Have project staked (structure corners, resource areas and buffers) by Tuesday 8:30 A.M., one week prior to public hearing to facilitate field review of your project. G. Conservation will submit the legal ad for publication in a local newspaper. The applicant or his/her agent is responsible for payment of the legal ad fee prior to the hearing. The exact amount of the fee will be pre-calculated and posted on the Conservation Commission agenda on the Town Clerks website the Thursday before the hearing. Payment of the legal ad fee must be made by check (payable to the Town of Barnstable) and delivered to the Conservation office either by hand-delivery or by mail (Barnstable Conservation, 230 South Street, Hyannis, MA 02601). Submitted this ____________ day of ______________ in the year ___________ in accordance with the Town of Barnstable Chapter 710 Guidelines for Sumitting a Request for Determination of Applicability by: _______________________________________ ______________________________ Print Name Owner/Applicant Signature Owner’s Authorized Agent Signature wpaform1.doc • rev. 4/28/2023 WPA Form 1 – Request for Determination of Applicability • Page 1 of 3 Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Barnstable Municipality A. General Information Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. 1. Applicant: Pavlin First Name Peshev Last Name 2649 Main Street Address Chatham City/Town MA State 02659 Zip Code (508)-367-9733 Phone Number pavcompanies@gmail.com Email Address 2. Property Owner (if different from Applicant): David First Name Gardner Last Name 63 Farm Valley Road Address Osterville City/Town MA State 02655 Zip Code 508-862-4956 Phone Number Email Address (if known) 3. Representative (if any) Matthew First Name Creighton Last Name Company Name 1471 Iyannough Road Address Hyannis City/Town MA State 02601 Zip Code 508-778-8919 Phone Number mcreighton@bscgroup.com Email Address (if known) B. Project Description 1. a. Project Location (use maps and plans to identify the location of the area subject to this request): 63 Farm Valley Road Street Address Osterville City/Town How to find Latitude and Longitude 41.64277 Latitude (Decimal Degrees Format with 5 digits after decimal e.g. XX.XXXXX) -70.3956 Longitude (Decimal Degrees Format with 5 digits after decimal e.g. -XX.XXXXX) and how to convert to decimal degrees 097 Assessors’ Map Number 029 Assessors’ Lot/Parcel Number b. Area Description (use additional paper, if necessary): Single-family residential lot with landscaped & vegetated areas outside of 100-ft wetland buffer zone. c. Plan and/or Map Reference(s): (use additional paper if necessary) Existing Conditions Plan / Proposed Deck Title 9/11/2026 Date Title Date wpaform1.doc • rev. 4/28/2023 WPA Form 1 – Request for Determination of Applicability • Page 2 of 3 Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Barnstable Municipality B. Project Description (cont.) 2. a. Activity/Work Description (use additional paper and/or provide plan(s) of Activity, if necessary): The RDA application is to verify the wetland delineation and that all work falls outside the 100 foot buffer zone. b. Identify provisions of the Wetlands Protection Act or regulations which may exempt the applicant from having to file a Notice of Intent for all or part of the described work (use additional paper, if necessary). The proposed work area is located entirely outside the 100-foot Buffer Zone of any active Bordering Vegetated Wetland (BVW) or Inland Resource Area, as governed by 310 CMR 10.02(1). 3. a. If this application is a Request for Determination of Scope of Alternatives for work in the Riverfront Area, indicate the one classification below that best describes the project. Single family house on a lot recorded on or before 8/1/96 Single family house on a lot recorded after 8/1/96 Expansion of an existing structure on a lot recorded after 8/1/96 Project, other than a single-family house or public project, where the applicant owned the lot before 8/7/96 New agriculture or aquaculture project Public project where funds were appropriated prior to 8/7/96 Project on a lot shown on an approved, definitive subdivision plan where there is a recorded deed restriction limiting total alteration of the Riverfront Area for the entire subdivision Residential subdivision; institutional, industrial, or commercial project Municipal project District, county, state, or federal government project Project required to evaluate off-site alternatives in more than one municipality in an Environmental Impact Report under MEPA or in an alternatives analysis pursuant to an application for a 404 permit from the U.S. Army Corps of Engineers or 401 Water Qual ity Certification from the Department of Environmental Protection. b. Provide evidence (e.g., record of date subdivision lot was recorded) supporting the classification above (use additional paper and/or attach appropriate documents, if necessary.) wpaform1.doc • rev. 4/28/2023 WPA Form 1 – Request for Determination of Applicability • Page 3 of 3 Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Barnstable Municipality C. Determinations 1. I request the Barnstable Conservation Commission make the following determination(s). Check any that apply: a. whether the area depicted on plan(s) and/or map(s) referenced above is an area subject to jurisdiction of the Wetlands Protection Act. b. whether the boundaries of resource area(s) depicted on plan(s) and/or map(s) referenced above are accurately delineated. c. whether the Activities depicted on plan(s) referenced above is subject to the Wetlands Protection Act and its regulations. d. whether the area and/or Activities depicted on plan(s) referenced above is subject to the jurisdiction of any municipal wetlands’ ordinance or bylaw of: Name of Municipality e. whether the following scope of alternatives is adequate for Activities in the Riverfront Area as depicted on referenced plan(s). D. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Request for Determination of Applicability and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I further certify that the property owner, if different from the applicant, and the appropriate DEP Regional Office were sent a complete copy of this Request (including all appropriate documentation) simultaneously with the submittal of this Request to the Conservation Commission. Failure by the applicant to send copies in a timely manner may result in dismissal of the Request for Determination of Applicability. Signatures: I also understand that notification of this Request will be placed in a local newspaper at my expense in accordance with Section 10.05(3)(b)(1) of the Wetlands Protection Act regulations. Signature of Applicant Date Signature of Representative (if any) 9/11/2026 Date THIS DOCUMENT IS INTENDED FOR GENERAL PLANNING & INFORMATION PURPOSES ONLY. ALL MEASUREMENTS & LOCATIONS ARE APPROXIMATE. File Location: G:\GISPrj\10308400\Output\APRX\Osterville_2026\Osterville_2026.aprx Date Saved: 9/13/2026 10:11 PM (Page Size 8.5 x 11) 0 1,000 2,000 Feet 1:24,000 1 inch =2,000 feet Scale:Source: USA_Topo_Maps: Copyright:© 2013 National Geographic Society, i-cubedUSGS Site Location Map Osterville, MA 63 FARM VALLEY ROAD 41°39'0"N41°38'0"N41°39'0"N41°38'0"N70°22'0"W70°23'0"W70°24'0"W70°25'0"W70°26'0"W 70°22'0"W70°23'0"W70°24'0"W70°25'0"W70°26'0"W H ,PROJECT LOCATION PROJECT LOCATION 3,600.00 Conservation Request for Determination (RDA) Abutter Map for Subject Parcel 097029 This map is for illustration purposes only. It is not adequate for legal boundary determination or regulatory interpretation. This map does not represent an on-the-ground survey. It may be generalized, may not reflect current conditions, and may contain cartographic errors or omissions. Legend Property owners actually touching on the subject parcel upon which work is proposed. Parcel lines shown on this map are only graphic representations of Assessor’s tax parcels. They are not true property boundaries and do not represent accurate relationships to physical objects on the map such as building locations. 150 Town of Barnstable GIS Unit 300 9/11/2026 gis@town.barnstable.ma.us Printed on: 0 ft.300 Subject Parcel Abutters ft. 1 inch = approx. Parcels Town Boundary Railroad Tracks Buildings Approx. Building Buildings Parking Lots Paved Unpaved Roads Paved Road Unpaved Road Bridge Paved Median Water Bodies Conservation Request for Determination (RDA) Abutter List for Subject Parcel 097029 Property owners actually touching on the subject parcel upon which work is proposed. Parcel ID Owner 1 Owner 2 Address Line 1 Address Line 2 City State Zip 096004001 CLAY, ROBERT & MAGUIRE, LESLEY TRS FARM AT SEAPUIT C/O JOHN TROPPMANN 63 FARM VALLEY ROAD OSTERVILLE 02655MA 097027 BETTI, NICHOLAS & ALYSON TRS NICHOLAS & ALYSON BETTI TRUST 47 FARM VALLEY ROAD OSTERVILLE 02655MA 097029 GARDNER, DAVID & ROSEMARY 63 FARM VALLEY ROAD OSTERVILLE 02655MA 9/11/2026 4:19 PMReport Generated On:Page 1 of 1 3Total Number of Abutters: This list by itself does NOT constitute a "Certified List of Abutters" and is provided only as an aid to the determination of abutters. If a Certified Abutter List is required, you must contact the Assessing Division to have this list certified. REQUEST FOR DETERMINATION OF APPLICABILITY ABUTTER NOTIFICATION LETTER DATE: ___/____ /_____ RE: Upcoming Barnstable Conservation Commission Public Hearing To Whom It May Concern, As an immediate abutter of a proposed project, please be advised that a Request for Determination of Applicability application has been filed with the Barnstable Conservation Commission. APPLICANT: _____________________________________ PROJECT ADDRESS OR LOCATION: _____________________________________ _____________________________________ ASSESSOR’S MAP & PARCEL: MAP_____________ PARCEL __________ PROJECT DESCRIPTION: _________________________________________________________ _________________________________________________________ _________________________________________________________ _________________________________________________________ _________________________________________________________ APPLICANT’S AGENT: _________________________________________ _________________________________________ _________________________________________ PUBLIC HEARING: WILL BE HELD REMOTELY VIA ZOOM See agenda posting on Town Clerks website available in advance of the meeting for details. DATE: ______/ _______ / ______ TIME: ______________________ NOTE: Plans and applications describing the proposed activity are on file with the Conservation Commission via Laserfiche at Conservation Commission, by email to Kimberly.Cavanaugh@barnstable.gov or by calling (508-862-4093)