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HomeMy WebLinkAbout1of2_ZOLA NOI_91 Route 149 MMills_NO PLANS_AS FILED 16AugMMEnvironmental P.O. Box 554 Forestdale, MA 02644 978.434.1228 Mike.Ball@MarshMattersEnvironmental.com MME www.marshmattersenv.com Mike.Ball@MarshMattersEnvironmental.com August 15, 2022 Mr. F. P. Thomas Lee, Chairman Barnstable Conservation Commission c/o the Town of Barnstable Regulatory Division / Conservation 200 Main Street Hyannis , MA 02601 RE: NOI / WPA Form 3 – Proposed Addition to Single-family Residence 91 Route 149, Marstons Mills (Map 077 / Parcel 008) Applicant/Owner: ZOLA Dear Chairman Lee and Barnstable Conservation Commissioners, On behalf the applicants, John Zola and Dawn Sabo-Zola, Marsh Matters Environmental (MME) submits the enclosed Notice of Intent (NOI)(WPA Form 3) with supporting site plan, architectural drawings, project narrative, set of site locus figures, existing conditions photographs, and required administrative documents proposing structural additions and accessory features to an existing residence at 91 Route 149 in Marstons Mills (the Site). MME submits this NOI pursuant to the Massachusetts Wetlands Protection Act (MWPA)(M.G.L. c.131 §40), the Town of Barnstable Wetlands Protection Bylaw (Ch. 237), and in accordance with the town’s Guidelines for Submitting a Notice of Intent Application (Ch. 710). MME attests that it will notify property abutters of this application and of the August 30, 2022, public hearing in accordance with state and local requirements. The town portion of the $165 filing fee and the $200 local wetland bylaw fee is enclosed and the legal advertisement fee (amount TBD) will be paid on or by the date of the hearing. Directions to the Site are provided on the reverse of this letter. Please do not hesitate to contact MME by email at Mike.Ball@MarshMattersEnvironmental.com, or by phone at 978.434.1228 (mobile/office), or should you require any additional information from MME, or should you like to meet at the project site in advance of the public hearing. Sincerely, D. Michael Ball, Sr. Wetland Scientist / Regulatory Compliance Consultant Marsh Matters Environmental Enclosures CC: DEP SERO John and Dawn Zola Cotuit Bay Design Barnstable Conservation Commission August 15, 2022 Page 2 MME www.marshmattersenv.com Mike.Ball@MarshMattersEnvironmental.com ______________________________________________________________________ DIRECTIONS TO SITE: FROM THE INTERSECTION OF ROUTE 28 AND ROUTE 149 IN MARSTONS MILLS, HEAD NORTH FOR A QUARTER MILE ON ROUTE 149 TO INTERSECTION WITH RIVER ROAD (AT MARKET INTERSECTION). TAKE LEFT ONTO RIVER ROAD AND TAKE FIRST LEFT INTO DRIVEWAY AND PARK AT TOP OF HILL. BEWARE OF CHIHUAHUA WHO MAY GREET YOU. MARSH MATTERS ENVIRONMENTAL Prepared for: John Zola and Dawn Sabo-Zola Marstons Mills, Massachusetts Notice of Intent Project Narrative 91 Route 149, Marstons Mills (Barnstable), Massachusetts vMME_15 MAY 2022 MARSH MATTERS ENVIRONMENTAL Notice of Intent PROJECT NARRATIVE August 2022 Contents 1.0 Existing Conditions 2.0 Proposed Project Description 3.0 Regulatory Compliance MARSH MATTERS ENVIRONMENTAL Notice of Intent PROJECT NARRATIVE August 2022 1.0 Existing Conditions GEOGRAPHICAL SETTING: The applicant’s property is 1.03-acre lot located adjacent to where the Marstons Mill River flows into Mill Pond just north of the Routes 28 and 149 intersection (Figure 1). EXISTING HOUSE: The existing house was constructed in 1774 and is a one-story, three-room, one- bedroom house of approximately 537 sf (according to the town’s property record card). The Barnstable Historical Commission determined that the house is not a “preferably preserved significant building” and has approved the partial demolition of the structure (BHC findings letter dated March 8, 2022, provided in the NOI attachments). WETLAND RESOURCE AREAS: Associated with the Marstons Mills River are Riverfront Area (310 CMR 10.58) and Bordering Vegetated Wetland (BVW)(310 CMR 10.55). The landward limit of the Riverfront Area extends for two-hundred horizontal feet and just beyond the footprint of the existing house. The one hundred feet-wide BVW Buffer Zone on the property is nearly completely naturally vegetated. DEGREE OF LAND DISTURBANCE: Approximately sixty percent of the outer portion (from one hundred to two hundred horizontal feet) of the Riverfront Area is previously disturbed or altered due to the construction of the house (in 1774) and subsequent land management / clearing of the property around the house (see accompanying NOI Photos 1, 2, and 3). The property owner has identified an area of buried trash and debris between the house and the adjacent woodland (that will be removed). These existing conditions support the designation of outer portion of the Riverfront Area as “previously developed” in accordance with 310 CMR 10.58(5). Approximately ninety-five percent of the inner portion of the Riverfront Area and of the BVW Buffer Zone is naturally vegetated and is a successional pitch pine – mixed oak wooded upland. FLOODZONE: The nearest Zone AE floodzone (Land Subject to Coastal Storm Flowage – 310 CMR 10.04) is located south of Route 28 (FIRM No. 25001C0543J)(Figure 4). LAND ELEVATIONS: Maximum land elevation change is approximately thirty-two feet extending from elevation seventeen feet to forty-nine feet (NAVD88). The existing house sits at the Site’s highest elevations. (refer to Site Plan for John Zola - #91 Route 149 Marstons Mills, MA by Warwick & Associates, Inc., dated September 27, 2021, and as revised June 16, 2022). RARE SPECIES HABITAT: The NHESP maps a Priority Habitat of Rare Species (PH 249) and an Estimated Habitats of Rare Wildlife for Mill Pond. These habitat boundaries extend only a small distance onto the Site and not near proposed activity areas (Figure 3). It is MME’s understanding that the Bridle Shiner (Notropis bifrenatus), a small minnow that is associated with submerged aquatic vegetation found in clear water in slack areas of streams and rivers and in ponds, is the state-listed Special Concern species for which PH 249 is mapped. Wetland Resource Area Determination Methods In advance of MME’s on-site observations, MME performed a desk-top review of available mapping resources and any documents that may have been provided by the applicant and project land surveyor as background material. MME reviewed all or some of the following data sources. Certain maps were used to produce a set of site locus figures, which are part of the NOI attachments. MARSH MATTERS ENVIRONMENTAL Notice of Intent PROJECT NARRATIVE August 2022 • Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps. • United States Geological Survey Topographic Quadrangle. • MassGIS MassDEP Wetland and Hydrography data layers. • MassGIS Natural Heritage Atlas data layers. • Google Earth Aerial photography. • United States Department of Agriculture, Natural Resources Conservation Service (USDA-NRCS) Web Soil Survey; and, • Mapping data layers provided by the subject municipality’s website (if available). MME performs WRA identification and delineations in substantial accordance with the following publications: the Massachusetts Wetlands Protection Act and the implementing MWPA regulations (310 CMR 10.00 et seq.); Section 404 of the Clean Water Act (33 U.S.C. 1344); the Massachusetts Department of Environmental Protection (MassDEP) publication Delineating Bordering Vegetated Wetlands under the MWPA (1995); and the U.S. Army Corp of Engineers (USACE) Wetland Delineation Manual (1987). When performing WRA identification and delineations, MME uses a methodology involving consideration of (1) plant community compositions and transitions between plant communities, (2) observed topographic changes in the landscape, (3) indicators of wetland hydrology, including evidence of extent of standing or flowing water in nearby waterbody or waterway, (4) the presence/absence of certain sub- surface soil morphological indicators (i.e., redoximorphic features) that confirm the presence, or absence, and approximate elevation of groundwater in the soil profile (relative to the ground surface) during a portion of the growing season, and (5) any evident land alterations. MME marks WRA boundaries with numbered tape flagging, or stakes, and typically collects a set of photographs that document on-site conditions on the day(s) of fieldwork. Entrance onto abutting property is usually incidental and often necessary in order to complete fieldwork and MME assumes that this entry, as well as establishment of wetland boundary flagging, has either been pre-approved, or is otherwise acceptable by the subject property owner and/or property abutters. For wetland indicator status ratings for vascular plants, MME refers to the National Wetland Plant List for the Northcentral and Northeast Regions administered by the U.S. Army Corps of Engineers (2016 updated version). For hydric / non-hydric soil profile determinations, MME consults Field Indicators for Identifying Hydric Soils in New England (Version 4, 2017). When noting the presence of invasive and potentially invasive plant species, MME uses plant status designations provided by the Massachusetts Invasive Plant Advisory Group (MIPAG). MME usually completes at least one set of MassDEP Bordering Vegetated Wetland Delineation Field Data Forms (Appendix Gs) when a Bordering Vegetated Wetland is delineated and/or if MME believes that this type of detailed documentation is necessary. One or more sets of these data forms may accompany this narrative / NOI and the information on the forms should be considered generally representative of plant community and soil profile conditions along the length of wetland boundary. Preparation of the attached site locus figures was part of MME’s desk-top review of the Site prior to observing site conditions. MARSH MATTERS ENVIRONMENTAL Notice of Intent PROJECT NARRATIVE August 2022 For determining the landward extent of Riverfront Area, in accordance with 310 CMR 10.58(2)(a)(2), MME identifies the mean annual high-water (MAHW) line by identifying visible markings or changes in the character of soils or vegetation due to the prolonged presence of water. These markings distinguish between predominantly aquatic and predominantly terrestrial land. For tidal rivers, in the absence of reliable tidal flood elevation information, MME typically determines the approximate MHW mark using topographic clues and, in certain instances, the observed landward extent of Spartina alterniflora growth. The project land surveyor then survey locates MME-set flag stations. 2.0 Proposed Project As illustrated by the proposed project site plan, the proposed project includes construction of a +/- 900-sf addition to the northern side of an existing three-room, one-bedroom house. The addition will be constructed on a near-level area either currently devoid of vegetation or currently a paved surface (Photo 1). A 10 ft x 20 ft plunge pool with concrete apron and adjacent patio area (+/- 945 sf total area) will be constructed in an open area currently devoid of vegetation (see attached photos). The existing wood deck and masonry steps will be removed to accommodate the new patio. A small (10 ft x 12 ft) storage shed will be constructed in an existing open area and a new garage will be constructed east of the house, but only a portion of the garage access driveway is within Conservation Commission jurisdiction. The garage itself is outside of jurisdiction. A 15 ft x 15 ft area will be cleared of understory vegetation to provide an area for a small stone patio. (Please note that the contours shown on the plan within the patio footprint indicate a slope which does not exist. The contours illustrated were a result of too few surveyor ground shots in that area of the property.) A boulder retaining wall of approximately ninety linear feet will be constructed in order to allow for a small area of level land to be lawn surrounding the proposed pool area. An oak tree located very near the footprint of the addition will be removed. A privacy fence of approximately eighty feet length will be installed between the proposed project area and the property boundary shared with the direct abutter. To manage stormwater runoff from existing and proposed roof surfaces, two drywells are proposed. A sub- surface, 400-gallon infiltration galley will receive pool drainage when necessary. The net amount of new structure and hardscape will be approximately 2,110 feet and all activity will occur within the outer one hundred feet of the Riverfront Area and on previously altered areas. Only the 15’ X 15’ patio will require removal of naturally occurring vegetation and the one oak tree will need to be removed due to its proximity to the addition footprint. It is MME’s understanding that the existing on-site sewage disposal system does not require upgrade or replacement at this time. As part of the project, a 1,880 sf area of previously developed Riverfront Area will be revegetated with native woody plantings. Please refer to the accompanying planting plan that MME has prepared. Once plantings are installed, the entirety of the inner one hundred feet of the Riverfront Area and the entirety of the one- MARSH MATTERS ENVIRONMENTAL Notice of Intent PROJECT NARRATIVE August 2022 hundred-foot BVW Buffer Zone will be restored with native vegetation. A significant portion of the outer one hundred feet of the Riverfront Area will also be restored with native vegetation An erosion control barrier (“ECB”) consisting of continuous, staked siltation fence and/or staked straw wattles will define the limit of work. The ECB will be installed prior to use of excavation equipment. All excavated soil material will be removed from the site for disposal, or off-site reuse. Any temporary storage of soil materials during construction will be in a location inside the ECB. Additional conditions specific to enhanced erosion control and resource area protection that the BCC may include in the permit are anticipated and can be incorporated upon MME and contractor review. 3.0 Regulatory Compliance The intent of this project narrative is to describe existing conditions, explain proposed project elements, and demonstrate that the proposed project will substantially meet the applicable performance standards for wetland resource areas present in or near the proposed limits of work and will meet requirements for activities proposed in the buffer zone. Riverfront Area Performance Standards The Riverfront Area regulations at 310 CMR 10.58(5) (“Redevelopment Within Previously Developed Riverfront Areas; Restoration and Mitigation”) provide specific guidelines and standards for the allowance of project activities within previously developed Riverfront Area. The regulations state that “the issuing authority may allow work to redevelop a previously developed riverfront area, provided the proposed work improves existing conditions.” The structural addition footprint is located partially over paved surface and a portion of the yard was used as a refuse dumping area by the previous homeowner(s) over many years. The overall project footprint has been kept relatively “tight” to existing, previously disturbed/altered areas of the property and proposed project elements are modest in scope and size (i.e., small pool and patio, small lawn area). In accordance with 310 CMR 10.58(5)(c), proposed work will not be located closer to the river than existing conditions or one hundred feet, whichever is less. In accordance with 310 CMR 10.58(d), the expanded house footprint is positioned toward the Riverfront Area boundary and not closer to the river. MME believes that the revegetation of a 1,880 sf-area of previously altered Riverfront Area is a significant improvement over existing conditions in an area adjacent to the inner portion of Riverfront Area and in the BVW buffer zone. The project will result in a fully vegetated one hundred-foot BVW buffer zone and fully vegetated inner Riverfront Area. MME believes that the amount of revegetated Riverfront Area is maximized, while allowing that the applicants project goals are met. The revegetation will be a clear improvement over existing conditions, which is the primary performance standard for previously developed Riverfront Area. In addition, roof runoff will now be adequately managed through use of a minimum of two infiltration drywells. MARSH MATTERS ENVIRONMENTAL Notice of Intent PROJECT NARRATIVE August 2022 Alternatives Discussion BN believes that there is no practicable and substantially equivalent economic alternative to the project, as proposed, that will have less adverse effect on the MWPA interests. The project footprint has been kept within existing previously altered areas and is a relatively small area of total riverfront area on the property. As this project is single-family home-associated and the Site is a lot that was recorded on or before August 1, 1996, the area under consideration for practicable alternatives is limited to this property. Due to the configuration of the property and location of existing structure and landscape features and their proximities to the wetland resource areas, the area available for house addition and pool construction locations is small or absent. The only area of the property outside of the riverfront area is the moderately sloped area to the east of the house and driveway. BN believes that this project is eligible for an Order of Conditions approving the project, as the applicable resource area Performance Standards are met and the proposed work within the buffer zone will contribute to the protection of the Massachusetts Wetlands Protection Act and the Chapter 237 Wetlands Protection By-law interests. wpaform3.doc • rev. 6/18/2020 Page 1 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number BARNSTABLE City/Town Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. Note: Before completing this form consult your local Conservation Commission regarding any municipal bylaw or ordinance. A. General Information 1. Project Location (Note: electronic filers will click on button to locate project site): 91 ROUTE 149 a. Street Address BARNSTABLE b. City/Town 02648 c. Zip Code Latitude and Longitude: 41.653392 d. Latitude -70.414544 e. Longitude 077 f. Assessors Map/Plat Number 008 g. Parcel /Lot Number 2. Applicant: JOHN ZOLA & DAWN SABO-ZOLA a. First Name b. Last Name c. Organization 91 ROUTE 149 d. Street Address MARSTONS MILLS (BARNSTABLE) e. City/Town MA f. State 02648 g. Zip Code 508.280.8597 h. Phone Number i. Fax Number JOHNZ.DAWNZ@COMCAST.NET j. Email Address 3. Property owner (required if different from applicant): Check if more than one owner SAME a. First Name b. Last Name c. Organization d. Street Address e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number j. Email address 4. Representative (if any): D. MICHAEL a. First Name BALL b. Last Name MARSH MATTERS ENVIRONMENTAL c. Company P.O. BOX 554 d. Street Address FORESTDALE e. City/Town MA f. State 02644 g. Zip Code 978.434.1228 h. Phone Number i. Fax Number Mike.Ball@MarshMattersEnvironmental.com j. Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $165.00 a. Total Fee Paid $70.00 b. State Fee Paid $95.00 c. City/Town Fee Paid wpaform3.doc • rev. 6/18/2020 Page 2 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number BARNSTABLE City/Town A. General Information (continued) 6. General Project Description: CONSTRUCT ADDITION TO SINGLE-FAMILY RESIDENCE, POOL, HARDSCAPE, SHED RETAINING WALL, RIVERFRONT AREA REVEGETATION 7a. Project Type Checklist: (Limited Project Types see Section A. 7b.) 1. Single Family Home 2. Residential Subdivision 3. Commercial/Industrial 4. Dock/Pier 5. Utilities 6. Coastal engineering Structure 7. Agriculture (e.g., cranberries, forestry) 8. Transportation 9. Other 7b. Is any portion of the proposed activity eligible to be treated as a limited project (including Ecological Restoration Limited Project) subject to 310 CMR 10.24 (coastal) or 310 CMR 10.53 (inland)? 1. Yes No If yes, describe which limited project applies to this project. (See 310 CMR 10.24 and 10.53 for a complete list and description of limited project types) 2. Limited Project Type If the proposed activity is eligible to be treated as an Ecological Restoration Limited Project (310 CMR10.24(8), 310 CMR 10.53(4)), complete and attach Appendix A: Ecological Restoration Limited Project Checklist and Signed Certification. 8. Property recorded at the Registry of Deeds for: BARNSTABLE a. County b. Certificate # (if registered land) 34260 c. Book 236 d. Page Number B. Buffer Zone & Resource Area Impacts (temporary & permanent) 1. Buffer Zone Only – Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland, Inland Bank, or Coastal Resource Area. 2. Inland Resource Areas (see 310 CMR 10.54-10.58; if not applicable, go to Section B.3, Coastal Resource Areas). Check all that apply below. Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. wpaform3.doc • rev. 6/18/2020 Page 3 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number BARNSTABLE City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d) For all projects affecting other Resource Areas, please attach a narrative explaining how the resource area was delineated. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. Bank 1. linear feet 2. linear feet b. Bordering Vegetated Wetland 1. square feet 2. square feet c. Land Under Waterbodies and Waterways 1. square feet 2. square feet 3. cubic yards dredged Resource Area Size of Proposed Alteration Proposed Replacement (if any) d. Bordering Land Subject to Flooding 1. square feet 2. square feet 3. cubic feet of flood storage lost 4. cubic feet replaced e. Isolated Land Subject to Flooding 1. square feet 2. cubic feet of flood storage lost 3. cubic feet replaced f. Riverfront Area MARSTONS MILLS RIVER (INLAND) 1. Name of Waterway (if available) - specify coastal or inland 2. Width of Riverfront Area (check one): 25 ft. - Designated Densely Developed Areas only 100 ft. - New agricultural projects only 200 ft. - All other projects 3. Total area of Riverfront Area on the site of the proposed project: 28,633 square feet 4. Proposed alteration of the Riverfront Area: 2,120 +/- (net new structure and hardscape) 0 (only revegetation) b. square feet within 100 ft. 0 (only revetation) c. square feet between 100 ft. and 200 ft. 5. Has an alternatives analysis been done and is it attached to this NOI? Yes No 6. Was the lot where the activity is proposed created prior to August 1, 1996? Yes No 3. Coastal Resource Areas: (See 310 CMR 10.25-10.35) Note: for coastal riverfront areas, please complete Section B.2.f. above. wpaform3.doc • rev. 6/18/2020 Page 4 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number BARNSTABLE City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d) Check all that apply below. Attach narrative and supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. Designated Port Areas Indicate size under Land Under the Ocean, below b. Land Under the Ocean 1. square feet 2. cubic yards dredged c. Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below d. Coastal Beaches 1. square feet 2. cubic yards beach nourishment e. Coastal Dunes 1. square feet 2. cubic yards dune nourishment Size of Proposed Alteration Proposed Replacement (if any) f. Coastal Banks 1. linear feet g. Rocky Intertidal Shores 1. square feet h. Salt Marshes 1. square feet 2. sq ft restoration, rehab., creation i. Land Under Salt Ponds 1. square feet 2. cubic yards dredged j. Land Containing Shellfish 1. square feet k. Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1. cubic yards dredged l. Land Subject to Coastal Storm Flowage 1. square feet 4. Restoration/Enhancement If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.2.b or B.3.h above, please enter the additional amount here. a. square feet of BVW b. square feet of Salt Marsh 5. Project Involves Stream Crossings a. number of new stream crossings b. number of replacement stream crossings wpaform3.doc • rev. 6/18/2020 Page 5 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number BARNSTABLE City/Town C. Other Applicable Standards and Requirements This is a proposal for an Ecological Restoration Limited Project. Skip Section C and complete Appendix A: Ecological Restoration Limited Project Checklists – Required Actions (310 CMR 10.11). Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review 1. Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program (NHESP)? To view habitat maps, see the Massachusetts Natural Heritage Atlas or go to http://maps.massgis.state.ma.us/PRI_EST_HAB/viewer.htm. a. Yes No If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife 1 Rabbit Hill Road Westborough, MA 01581 AUGUST 2022 b. Date of map If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18). To qualify for a streamlined, 30-day, MESA/Wetlands Protection Act review, please complete Section C.1.c, and include requested materials with this Notice of Intent (NOI); OR complete Section C.2.f, if applicable. If MESA supplemental information is not included with the NOI, by completing Section 1 of this form, the NHESP will require a separate MESA filing which may take up to 90 days to review (unless noted exceptions in Section 2 apply, see below). c. Submit Supplemental Information for Endangered Species Review∗ 1. Percentage/acreage of property to be altered: (a) within wetland Resource Area percentage/acreage (b) outside Resource Area percentage/acreage 2. Assessor’s Map or right-of-way plan of site 2. Project plans for entire project site, including wetland resource areas and areas outside of wetlands jurisdiction, showing existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work ∗∗ (a) Project description (including description of impacts outside of wetland resource area & buffer zone) (b) Photographs representative of the site ∗ Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review (see https://www.mass.gov/ma- endangered-species-act-mesa-regulatory-review). Priority Habitat includes habitat for state-listed plants and strictly upland species not protected by the Wetlands Protection Act. ∗∗ MESA projects may not be segmented (321 CMR 10.16). The applicant must disclose full development plans even if such plans are not required as part of the Notice of Intent process. wpaform3.doc • rev. 6/18/2020 Page 6 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number BARNSTABLE City/Town C. Other Applicable Standards and Requirements (cont’d) (c) MESA filing fee (fee information available at https://www.mass.gov/how-to/how-to-file-for- a-mesa-project-review). Make check payable to “Commonwealth of Massachusetts - NHESP” and mail to NHESP at above address Projects altering 10 or more acres of land, also submit: (d) Vegetation cover type map of site (e) Project plans showing Priority & Estimated Habitat boundaries (f) OR Check One of the Following 1. Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, https://www.mass.gov/service-details/exemptions-from-review-for-projectsactivities-in- priority-habitat; the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR 10.37 and 10.59.) 2. Separate MESA review ongoing. a. NHESP Tracking # b. Date submitted to NHESP 3. Separate MESA review completed. Include copy of NHESP “no Take” determination or valid Conservation & Management Permit with approved plan. 3. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? a. Not applicable – project is in inland resource area only b. Yes No If yes, include proof of mailing, hand delivery, or electronic delivery of NOI to either: South Shore - Cohasset to Rhode Island border, and the Cape & Islands: Division of Marine Fisheries - Southeast Marine Fisheries Station Attn: Environmental Reviewer 836 South Rodney French Blvd. New Bedford, MA 02744 Email: dmf.envreview-south@mass.gov North Shore - Hull to New Hampshire border: Division of Marine Fisheries - North Shore Office Attn: Environmental Reviewer 30 Emerson Avenue Gloucester, MA 01930 Email: dmf.envreview-north@mass.gov Also if yes, the project may require a Chapter 91 license. For coastal towns in the Northeast Region, please contact MassDEP’s Boston Office. For coastal towns in the Southeast Region, please contact MassDEP’s Southeast Regional Office. c. Is this an aquaculture project? d. Yes No If yes, include a copy of the Division of Marine Fisheries Certification Letter (M.G.L. c. 130, § 57). wpaform3.doc • rev. 6/18/2020 Page 7 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number BARNSTABLE City/Town C. Other Applicable Standards and Requirements (cont’d) Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. 4. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? a. Yes No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP Website for ACEC locations). Note: electronic filers click on Website. b. ACEC 5. Is any portion of the proposed project within an area designated as an Outstanding Resource Water (ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00? a. Yes No 6. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Restriction Act (M.G.L. c. 131, § 40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § 105)? a. Yes No 7. Is this project subject to provisions of the MassDEP Stormwater Management Standards? a. Yes. Attach a copy of the Stormwater Report as required by the Stormwater Management Standards per 310 CMR 10.05(6)(k)-(q) and check if: 1. Applying for Low Impact Development (LID) site design credits (as described in Stormwater Management Handbook Vol. 2, Chapter 3) 2. A portion of the site constitutes redevelopment 3. Proprietary BMPs are included in the Stormwater Management System. b. No. Check why the project is exempt: 1. Single-family house 2. Emergency road repair 3. Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi-family housing project) with no discharge to Critical Areas. D. Additional Information This is a proposal for an Ecological Restoration Limited Project. Skip Section D and complete Appendix A: Ecological Restoration Notice of Intent – Minimum Required Documents (310 CMR 10.12). Applicants must include the following with this Notice of Intent (NOI). See instructions for details. Online Users: Attach the document transaction number (provided on your receipt page) for any of the following information you submit to the Department. 1. USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for the Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.) 2. Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area. wpaform3.doc • rev. 6/18/2020 Page 8 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number BARNSTABLE City/Town D. Additional Information (cont’d) 3. Identify the method for BVW and other resource area boundary delineations (MassDEP BVW Field Data Form(s), Determination of Applicability, Order of Resource Area Delineation, etc.), and attach documentation of the methodology. 4. List the titles and dates for all plans and other materials submitted with this NOI. SITE PLAN for JOHN ZOLA a. Plan Title WARWICK & ASSOCIATES, INC. b. Prepared By G. S. LABRIE c. Signed and Stamped by 9.27.21 (6.16.22 REVISION) d. Final Revision Date 1 INCH = 20 FEET e. Scale New Addition/Remodeling for Zola Residence (by Cotuit Bay Design) f. Additional Plan or Document Title 2.3.2022 g. Date 5. If there is more than one property owner, please attach a list of these property owners not listed on this form. 6. Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. 7. Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. 8. Attach NOI Wetland Fee Transmittal Form 9. Attach Stormwater Report, if needed. E. Fees 1. Fee Exempt: No filing fee shall be assessed for projects of any city, town, county, or district of the Commonwealth, federally recognized Indian tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority. Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee Transmittal Form) to confirm fee payment: 681 2. Municipal Check Number 5.9.2022 3. Check date 683 4. State Check Number 5.9.2022 5. Check date JOHN R. ZOLA / DAWN M. SABO-ZOLA 6. Payor name on check: First Name 7. Payor name on check: Last Name MMEnvironmental MARSH MATTERS ENVIRONMENTAL Attachment 1 Site Locus Figures Existing Conditions Photographs FIGURE 1 – USGS TOPOGRAPHIC QUADRANGLE SITE LOCUS MAP 91 ROUTE 149, MARSTONS MILLS (BARNSTABLE), MASSACHUSETTS MARSH MATTERS ENVIRONMENTAL Project Location FIGURE 2 – AERIAL PHOTO 91 ROUTE 149, MARSTONS MILLS (BARNSTABLE), MASSACHUSETTS MARSH MATTERS ENVIRONMENTAL PROPOSED PROJECT LOCATION FIGURE 3 – MassGIS Site Locus 91 ROUTE 149, MARSTONS MILLS (BARNSTABLE), MASSACHUSETTS MARSH MATTERS ENVIRONMENTAL Project Location FIGURE 4 – FEMA Flood Insurance Rate Map 91 ROUTE 149, MARSTONS MILLS (BARNSTABLE), MASSACHUSETTS FIRM NO. 25001C0543J (EFFECTIVE 7.16.2014) MARSH MATTERS ENVIRONMENTAL Project Location FIGURE 5 – Barnstable Assessors Site Locus Map 91 ROUTE 149, MARSTONS MILLS (BARNSTABLE), MASSACHUSETTS MARSH MATTERS ENVIRONMENTAL Project Location MMEnvironmental PHOTOGRAPH LOG Project / Client: ZOLA Location: 91 ROUTE 149. MARSTONS MILLS Project No. Photo No. 1 Date: 8.15.2022 Photo Aspect: SOUTH Description: AREA NORTH SIDE OF HOUSE WHERE ADDITION WILL BE CONSTRUCTED Photo No. 2 Date: 8.15.2022 Photo Aspect: SOUTH Description: PROPOSED POOL AREA FOOTPRINT LOCATION . POOL FOOTPRINT STAKES HOUSE ADDITION FOOTPRINT STAKE LOCATIONS MMEnvironmental Photo No. 4 Date: 8.15.2022 Photo Aspect: WEST Description: HOUSE ADDITION WILL BE CONSTRUCTED IN LOCATION PICTURED OVER EXISTING PARKING AREA AND SPARSELY VEGETATED GROUND PHOTOGRAPH LOG Project / Client: ZOLA Location: 91 ROUTE 149, MARSTONS MILLS Project No. Photo No. 3 Date: 8.15.2022 Photo Aspect: NORTH Description: RIVERFRONT AREA REVEGETATION AREA APPROX. LIMIT OF RIVERFRONT AREA REVEGETATION AREA TO COMPENSATE FOR ADDITION OF NEW STRUCTURE AND HARDSCAPE IN OUTER PORTIUN OF RIVERFRONT AREA PROPOSED BOULDER RETAINING WALL LOCATION STAKES MMEnvironmental MARSH MATTERS ENVIRONMENTAL Attachment 2 Project Site Plan (by Warwick & Associates, Inc.) Riverfront Area Restoration Planting Plan (by MME) Architectural Design Plan Set (by Cotuit Bay Design, LLC) RIVERFRONT AREA RESTORATION PLANTING PLAN Prepared for ZOLA PROPERTY 91 ROUTE 149, MARSTONS MILLS [MME has prepared this exhibit to supplement a NOI project site plan prepared for by RW Survey Solutions and Warwick & Associates, dated 9.27.2021] GRAPHICAL SCALE (APPROX.) PLANT QUANTITY CALCULATION: 136 plantings (all native woody species selected from the Cape Cod Cooperative Extension list) are shown installed at approximately FOUR (4) feet on- center spacing (THREE feet OC- spacing for sweet fern) covering an approximately 1880-sf area. Space is provided in the open Riverfront Area between the wooded upland and the base of the proposed retaining wall. PROPOSED PLANTING SCHEDULE: highbush blueberry (Vaccinium corymbosum) quantity = 26 (#2 cont. minimum size) northern bayberry (Morella pensylvanica) quantity = 40 (#2 cont. minimum size) northern arrowwood (Viburnum dentatum) quantity = 34 (2 gal. min. cont. size) sweet fern (Comptonia peregrina) quantity = 36 (1-2 gal. min. size)(3 ft OC spacing) *Selected container size based upon review of Sylvan Nurseries available nursery stock retail plant list and Cape Cod Coop. Ext. optimal size information. *Locations of individual plants subject to adjustments at installation time NOTES: 1. Removal of any existing vegetation in the planting area (Photo 3) will not be necessary. 2. Existing herbaceous vegetation in the planting footprint will be allowed to grow unmanaged in the revegetation planting area. 3. Any invasive or nuisance vines and/or herbaceous plants (e.g. Oriental bittersweet, garlic mustard) will be removed as needed following planting. 4. Replacement of failed plantings will be done in accordance with permit conditions and any species exchange in accordance with CCC Extension native plant list. 5. Temporary above / on-ground irrigation during grow-in period may be required. 6. Viability monitoring and reporting to issuing authority will be performed in accordance with permit conditions. Prepared by Marsh Matters Environmental ver. 8.16.2022 MMEnvironmental MARSH MATTERS ENVIRONMENTAL Attachment 3 BVW Delineation Appendix G Form Set Property Abutters-related Documents Administrative Forms Filing Fee Forms 2,100.00 Conservation Notice of Intent (NOI) Abutter Map for Subject Parcel 077008 This map is for illustration purposes only. It is not adequate for legal boundary determination or regulatory interpretation. This map does not represent an on-the-ground survey. It may be generalized, may not reflect current conditions, and may contain cartographic errors or omissions. Legend Property owners within 100 feet of the perimeter of the subject parcel upon which work is proposed. Parcel lines shown on this map are only graphic representations of Assessor’s tax parcels. They are not true property boundaries and do not represent accurate relationships to physical objects on the map such as building locations. 88 Town of Barnstable GIS Unit 175 8/14/2022 gis@town.barnstable.ma.us Printed on: 0 ft.175 Subject Parcel Abutters 100 ft. Buffer ft. 1 inch = approx. Parcels Town Boundary Railroad Tracks Buildings Approx. Building Buildings Parking Lots Paved Unpaved Roads Paved Road Unpaved Road Bridge Paved Median Water Bodies Conservation Notice of Intent (NOI) Abutter List for Subject Parcel 077008 Property owners within 100 feet of the perimeter of the subject parcel upon which work is proposed. Parcel ID Owner 1 Owner 2 Address Line 1 Address Line 2 City State Zip 058011003 BARNSTABLE, TOWN OF (LB)200 MAIN STREET HYANNIS 02601MA 058011004 BARNSTABLE, TOWN OF (LB)200 MAIN STREET HYANNIS 02601MA 077007 MASON MANN FAMILY LLC 91 HILL ROAD TROY 12180NY 077008 ZOLA, JOHN & DAWN M SABO-PO BOX 1141 MARSTONS MILLS 02648MA 077010 DICK, LARRY D & WINIFRED M 309 JUDITH ANN DRIVE SCHERTZ 78154TX 077011 2 BBN LLC C/O MARION KHOURI 92 INDUSTRIAL DRIVE MASHPEE 02649MA 078001 ZOLA, JOHN & DAWN M SABO-PO BOX 1141 MARSTONS MILLS 02648MA 078007001 MILLER, DAVID & MCCARTHY, KERRY PO BOX 553 MARSTONS MILLS 02648MA 078007002 LOVELAND, GALE G PO BOX 1465 MARSTONS MILLS 02648MA 078076 SAEED, MIAN M TR ASIFA REALTY TRUST 105 ROUTE 149 MARSTONS MILLS 02648MA 8/14/2022 7:40 PMReport Generated On:Page 1 of 1 10Total Number of Abutters: This list by itself does NOT constitute a "Certified List of Abutters" and is provided only as an aid to the determination of abutters. If a Certified Abutter List is required, you must contact the Assessing Division to have this list certified. NOTICE OF INTENT ABUTTER NOTIFICATION LETTER DATE: RE: Upcoming Barnstable Conservation Commission Public Hearing To Whom It May Concern, As an abutter within 100 feet of a proposed project, please be advised that a NOTICE OF INTENT application has been filed with the Barnstable Conservation Commission. APPLICANT: PROJECT ADDRESS OR LOCATION: ASSESSOR’S MAP & PARCEL: MAP PARCEL PROJECT DESCRIPTION: ________________________________________________________ APPLICANT’S AGENT: PUBLIC HEARING: WILL BE HELD VIA ZOOM See agenda posting on Town Clerks website available at least 48 hours in advance of the meeting for details. DATE: / / TIME: P.M. 8.16.2022 JOHN AND DAWN ZOLA 91 ROUTE 149 MARSTONS MILLS 077 008 ADDITION TO SINGLE-FAMILY RESIDENCE POOL, SHED, PATIO, FENCE MIKE BALL MARSH MATTERS ENVIRONMENTAL 978.434.1228 8 30 2022 6:30 NOTE: Plans and application describing the proposed activity are on file with the Conservation Commission, 367 Main Street, Hyannis (508-862-4093) Commission Members Nancy Clark, Chair Nancy Shoemaker, Vice Chair Marilyn Fifield, Clerk George Jessop, AIA Cheryl Powell Frances Parks Jack Kay DECISION Summary: Demolition Delay Not Imposed Pursuant to Chapter 112 Historic Properties, Section 112-3 F Applicant/Property Owner: John & Dawn Zola Subject Property: 91 Route 149, Marstons Mills Assessor's Map/Parcel: 077/008/000 Hearing Date: February 15, 2022 Pursuant to the Barnstable Historical Commission receiving your notice of intent on January 13, 2022, a duly advertised and noticed public hearing was held on February 15, 2022, to determine whether the significant structure identified as a single family structure on this property is a preferably preserved significant building and whether demolition delay would be imposed for the partial demolition of the structure on the parcel addressed as 91 Route 149, Marston Mills. After review and consideration of public testimony, application and record file, the Commission, by a unanimous vote, found that in accordance with Chapter §112 the single family structure is not a preferably preserved significant building. In accordance with Chapter §112, the Commission determined, by a unanimous vote, that the partial demolition of the single family structure would not be detrimental to the historical, cultural or architectural heritage or resources of the Town. This decision applies only to the demolition described in the notice of intent submitted on January 13, 2022. No future demolition shall be permitted without application and approval from the Barnstable Historical Commission. Members present and voting on this application were: Nancy Clark, Nancy Shoemaker, Marilyn Fifield, Frances Parks, Cheryl Powell _____________________________________________________ Nancy Clark, Chair Date cc: Brian Florence, Building Commissioner Ann Quirk, Town Clerk Town of Barnstable Planning & Development Department Barnstable Historical Commission 367 Main Street, Hyannis, Massachusetts 02601 (508) 862-4787 Fax (508) 862-4784 grayce.rogers@town.barnstable.ma.us Nancy Clark March 8, 2022 noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/17/11 Page 1 of 2 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. A. Applicant Information 1. Location of Project: 91 ROUTE 149 a. Street Address MARSTONS MILLS (BARNSTABLE) b. City/Town 683 (STATE PORTION) / 681 (TOWN PORTION) $165.00 d. Fee amount 2. Applicant Mailing Address: JOHN ZOLA & DAWN SABO-ZOLA a. First Name b. Last Name c. Organization 91 ROUTE 149 d. Mailing Address MARSTONS MILLS (BARNSTABLE) e. City/Town MA f. State 02648 g. Zip Code 508.280.8597 h. Phone Number i. Fax Number JOHNZ.DAWNZ@COMCAST.NET j. Email Address 3. Property Owner (if different): SAME a. First Name b. Last Name c. Organization d. Mailing Address e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number j. Email Address To calculate filing fees, refer to the category fee list and examples in the instructions for filling out WPA Form 3 (Notice of Intent). B. Fees Fee should be calculated using the following process & worksheet. Please see Instructions before filling out worksheet. Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. Step 2/Number of Activities: Identify the number of each type of activity. Step 3/Individual Activity Fee: Identify each activity fee from the six project categories listed in the instructions. Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2) times the fee per category (identified in Step 3) to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be multiplied by 1.5 and then added to the subtotal amount. Step 5/Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step 6/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract $12.50. To calculate the city/town share of the fee, divide the total fee in half and add $12.50. noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/17/11 Page 2 of 2 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Fees (continued) Step 1/Type of Activity Step 2/Number of Activities Step 3/Individual Activity Fee Step 4/Subtotal Activity Fee SINGLE-FAMILY HOUSE ADDITION IN RIVERFRONT AREA 1 1 $165.00 Step 5/Total Project Fee: $165.00 Step 6/Fee Payments: Total Project Fee: $165.00 a. Total Fee from Step 5 State share of filing Fee: $70.00 b. 1/2 Total Fee less $12.50 City/Town share of filling Fee: $95.00 c. 1/2 Total Fee plus $12.50 C. Submittal Requirements a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to the Commonwealth of Massachusetts. Department of Environmental Protection Box 4062 Boston, MA 02211 b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and the city/town fee payment. To MassDEP Regional Office (see Instructions): Send a copy of the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and a copy of the state fee payment. (E-filers of Notices of Intent may submit these electronically.)