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.)