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HomeMy WebLinkAbout20230328 NOI Willett 31 Paine AvenueP.O. Box 4012, Plymouth, Massachusetts 02361 617-529-3792 | www.ecrwetlands.com March 6, 2023 Town of Barnstable Conservation Commission 230 South Street Hyannis, MA 02601 Attn.: Darcy Karle, Conservation Agent RE: Notice of Intent, Proposed Deck Reconstruction, 31 Paine Avenue, Hyannis Dear Ms. Karle & Members of the Barnstable Conservation Commission: Please accept this Notice of Intent application for the proposed reconstruction of a deck and associated stairway located at 31 Paine Avenue in Hyannis (the site). The Town of Barnstable Assessors Department references the site as Map ID: 289-119-001. The deck is located within the 100 foot buffer zone to a Bordering Vegetated Wetland, the 100-foot buffer zone to a Coastal Bank and the 200-foot Riverfront Area. This application is being submitted in accordance with the Massachusetts Wetlands Protection Act and the Town of Barnstable Wetlands Protection Bylaw. If you have any questions or require additional information, please contact me at (617)-529- 3792. Sincerely, Environmental Consulting & Restoration, LLC Cameron Larson Wetland Scientist CC: Department of Environmental Protection, Wetland Division, 20 Riverside Drive, Lakeville, MA 02347 Robert G. Willett, 31 Paine Avenue, Hyannis, MA 02601 Canal Survey, 306 Old Plymouth Road, Sagamore Beach, MA 02562 Chap 707/rev. March 2022 Page 1 CHAPTER 707 Regulation Governing Minimum Submission Requirements for a Notice of Intent Application The Barnstable Conservation Commission has adopted the following requirements in order to obtain more consistently complete submission documents necessary for a thorough and efficient review of all Notice of Intent (NOI) applications. Failure to complete any of the items in this checklist may result in your application being denied. Applicant or applicant’s agent should check each box denoting that the task has been completed or in certain instances, like field staking, denoting that the task will be completed. The following submission checklist covers the requirements of Chapter 237, Wetlands Protection, of the Part I General Ordinances of the Code of the Town of Barnstable. This checklist shall be submitted to the Barnstable Conservation Division with the NOI application. 1. Requirements a. The applicant understands, unless they’ve instructed otherwise, they are applying both under the Massachusetts Wetlands Protection Act M.G.L. c.131,§40 and Chapter 237 of the Town of Barnstable General Ordinances. b. Attach a written narrative to the NOI application (WPA Form 3), available at: www.mass.gov/eea/agencies/massdep/service/approvals/wpa-form-3.html describing any project impacts and proposed mitigation as they relate to the following: 1) Any of the interests of Chapter 237 of the General Ordinances and the MassDEP Wetlands Protection Act M.G.L. 131, §40. 2) The performance standards contained in the MassDEP Wetlands Protection Regulations (310 CMR 10.00) 3) Chapter 704: Regulation Governing Activity in the 100-ft. Buffer Zone. 4) Chapter 703: Private Docks and Piers. 5) Any other applicable regulations (310 CMR 10.00 or as promulgated under Chapter 237 of the General Ordinances). c. Enclose proper payment to cover the fee for Chapter 237 filings. Consult current Fee Schedule at www.townofbarnstable.us/Conservation d. Please indicate who is to record the Order of Conditions (check one): Applicant Agent 2. Abutter Notification (See Abutter Notification Regulation, Chapter 706) Town of Barnstable Conservation Commission 230 South Street Hyannis Massachusetts 02601 Office: 508-862-4093 E-mail: conservation@town.barnstable.ma.us n/a Chap 707/rev. March 2022 Page 2 a. Contact the Conservation Division office at (508) 862-4093 regarding the docketing process, or see current schedule of Conservation Hearings and submission deadlines at: www.townofbarnstable.us/Conservation/ b. Provide a copy of the list of abutters within a 100 ft radius of the project parcel. c. Provide a copy of the Assessor’s Map indicating the parcel of the project site and showing the 100 ft radius of the project parcel. d. Provide a copy of the abutter notification letter. Use t he form letter provided in our Abutter Notification Regulation (Chapter 706), available on the Conservation Division website. e. Bring the green return receipts, from the certified mai lings to the abutters, as proof of notification to the public hearing. If any mailings are returned, bring the entire envelope, indicating by postal service stamp the reason for return. You will retain the receipts afterwards, not the Conservation Division. f. I further certify under the penalties of perjury that all abutte rs were notified of the Notice of Intent Application, pursuant to the requirements of Chapter 237 of the General Ordinances of the Code of the Town of Barnstable. Notice must be made in writing by certified mail to all abutters within 100 ft of the property line of the project location. _______________________________________ Signature of Applicant or Representative Date 3. Field Staking: a. On or before Tuesday, @ 8:30 a.m., one week prior to the scheduled public hearing, have your project staked by a professional engineer or registered land surveyor showing all outside corners of all proposed structures and the continuous proposed “limit of work” line. b. Have a wetland scientist or other qualified professional flag all wetland res ource areas on or within 100 ft of the work area. Make sure that the flags are sequentially numbered. c. Provide a project identification stake with bright painted top and applicant name and address, easily visible from the street approaching the site. 4. Legal Advertisement Fees: a. Conservation will submit the legal ad for publication in a local newspaper. The applicant or his/her agent is responsible for payment, by check (payable to the Town of Barnstable), at the hearing or by mail. The cost of the legal ad will be pre-calculated and posted on the hearing agenda prior to the hearing. 5. Minimum Documentation for a Complete Application: a. Provide a completely filled-out (in all parts) NOI application as locally adopted for the Town of Barnstable, including MassDEP Vegetated Wetland Field Data Form. Indicate Assessor’s map and parcel of the project, as well as the street or road address, and pertinent village (i.e., Hyannis, Centerville, Barnstable, etc). b. Provide two (2) original project plans, stamped in blue or red ink (wet stamp). Plans must be signed and dated by a Massachusetts licensed, professional engineer, land surveyor, architect or landscape architect (as applicable), and shall be drawn at a readable scale (1" = 20' preferred). For multi-acre sites, a second site plan, drawn at larger scale showing the entire site, should also be provided. 3/6/2023 Chap 707/rev. March 2022 Page 3 c. Provide a signed Permission to Access Property, Form PA. The form must be signed by the property Owner, or legal representative and submitted prior to NOI being docketed and application advertised. Form PA is available at www.townofbarnstable.us/Conservation/. Do not send the abutter letter out until the form is submitted to the Conservation Division office. d. For projects requiring mitigation plantings under Chapter 704 -3, 704-4, and 704-5, mitigation planting location(s) shall clearly be shown on landscaping planting plan. The planting plan shall include species list (chosen from the Town of Barnstable Conservation Commission approved planting lists), sizes, densities and/or quantities. The plan shall also provide area calculations between 0 to 50 and 50 to 100 separately for the amount of mitigation planting required, and the amount of mitigation planting proposed. e. Provide detailed, written street directions to the locus (site). f. Provide a copy of a U.S.G.S. locus map indicating the general area of the project site. g. Provide a check for the Town of Barnstable portion of the required filing fee. (The portion payable to the Commonwealth, see 7. e. below) h. Provide any other documentation, photographs, architectural renderings or other supporting data prepared by professionals competent in the field which may be relevant to the application. 6. The site plan shall also show: a. All existing and proposed contours at 2-ft. minimum intervals (1-ft. preferred). b. Clear delineation of all existing and proposed structures and features. Building structures must be accurately dimensioned (fixed location) from property lines and wetland resource a reas. Plans shall provide sufficient detail to show all potential wetland impacts, mitigation, compensatory areas, engineered structures, utilities, landscaping, etc. within the area of jurisdiction. On complicated sites, existing and proposed conditions must be shown on separate sheets. c. Locus inset map of the site clearly showing its location relative to surrounding public streets. d. All wetland resource area flags by individual flag number (matched to the field) to clearly identify all resource areas on or within 100 feet of the work area. The individual who performed the flagging and date of flagging shall be identified on the plan next to the resource line. e. Section views showing changes in grade, cuts and fills. 7. SUBMISSION OF THE COMPLETED APPLICATION WITH PLANS: a. Provide a signed Permission to Access Property, Form PA. The form must be signed by the property Owner, or legal representative and submitted prior to NOI being docketed and application advertised . Form PA is available at www.townofbarnstable.us/Conservation/. Do not send the abutter letter out until the form is submitted to the Conservation Division office. b. Email NOI application and all associated materials in PDF format to Kimberly.Cavanaugh@town.barnstable.ma.us AND Darcy.Karle@town.barnstable.ma.us . Do not include copies of checks. All attachments must be named with the hearing date (year first), type, name, address. Examples 20220301 NOI Smith 21 Main Street or 2022031 NOI Plan Smith 21 Main Street. c. Provide two (2) full NOI applications with folded plans (colored ink stamp) with signature/date to the Town of Barnstable Conservation Division Office for administrative use; n/a Chap 707/rev. March 2022 Page 4 d. Provide seven (7) additional copies of the NOI (with folded plans and all pertinent data attached) to the Barnstable Conservation Division Office for distribution to, and review by, Conservation Commission members. Any supplementary documentation for administrative and commission review should be submitted as soon as possible prior to the scheduled public hearing.* e. Mail one (1) copy of the complete NOI with plan(s) to the Massachusetts Department of Environmental Protection (MassDEP) Southeast Regional Office, 20 Riverside Dr., Lakeville, MA 02346. Send MassDEP portion of filing fee to: MA Department of En vironmental Protection, Box 4062, Boston, MA 02211. f. For roadway construction or repair projects, provid e one electronic copy of the NOI and plans to the Senior Project Manager Special Projects, c/o the Town of Barnstable Department of Public Works, 382 Falmouth Road, Hyannis, MA 02601. g. For coastal piers, dredging, coastal engineering structures or other coastal erosion control projects, provide two hard copies of the NOI and plans to the Shellfish Biologist, c/o Town of Barnstable Natural Resources, 1189 Phinney’s Ln., Centerville, MA 02632. In addition, email a (PDF) version to: 1) shellfishNOI@town.barnstable.ma.us. (Email must be sent the same day as submission to the Conservation Division); and 2) conservationprojects@town.barnstable.ma.us h. Also, for coastal piers, dredging, coastal engineering structures, provide two hard copies of the NOI and plans to the Harbormaster, c/o Town of Barnstable Marine and Environmental Affairs (MEA), 1189 Phinney’s Ln., Centerville, MA 02632. In addition, email a (PDF) version to: 1) harbormaster@town.barnstable.ma.us. (Email must be sent the same day as submission to the Conservation Division); and 2) conservationprojects@town.barnstable.ma.us Note: Please title the file for your NOI project as follows: a. Submission date, b. Last name of applicant, c. Map/parcel of property, e.g., 082316-Smith-076024. *Note: If a revised plan needs to be submitted prior to a hearing, please follow same instructions as 7. b. above (and submit to other entities as may be applicable). Plan revisions must be clearly noted and dated in the revision block. (The same individual who stamped the original plan must also stamp and sign the revised plan). Submitted this day of in the year in accordance with the Town of Barnstable “Regulation Governing Minimum Submission Requirements for a Notice of Intent Application” by: (Print Name) Owner / Applicant Signature Telephone Number Owner’s Authorized Agent Signature Telephone Number Approved: May 28, l997 Revised: May 12, 2015 Revised: August 23, with minor rev. Sept. 6, 2016 Revised March 15, 2022 n/a n/a n/a 6th March 2023 Cameron Larson 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): 31 Paine Avenue a. Street Address Hyannis (Barnstable) b. City/Town 02601 c. Zip Code Latitude and Longitude: 41º38'31"N d. Latitude 70º17'53"W e. Longitude Map 289 f. Assessors Map/Plat Number Parcel 119-001 g. Parcel /Lot Number 2. Applicant: Robert G. a. First Name Willett b. Last Name c. Organization 31 Paine Avenue d. Street Address Hyannis e. City/Town MA f. State 02601 g. Zip Code h. Phone Number i. Fax Number robb.willett@gmail.com j. Email Address 3. Property owner (required if different from applicant): Check if more than one owner same as applicant 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): Brad a. First Name Holmes b. Last Name Environmental Consulting & Restoration, LLC c. Company PO Box 4012 d. Street Address Plymouth e. City/Town MA f. State 02361 g. Zip Code 617-529-3792 h. Phone Number i. Fax Number brad@ecrwetlands.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: The proposed project includes the reconstuction of a deck located to the rear of an existing home. A deck was previously removed from the location where the new deck is proposed. The proposed deck is located within the 100-foot buffer zone to a BVW and Coastal Bank and the 200-foot Riverfront Area. For more information, please refer to the Project Description. 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) 33027 c. Book 0290 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 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: 10,800 square feet 4. Proposed alteration of the Riverfront Area: 294 a. total square feet 294 b. square feet within 100 ft. 0 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 MassMapper 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. Plot Plan Showing A Proposed Deck a. Plan Title Canal Land Surveying b. Prepared By c. Signed and Stamped by 12/15/22 d. Final Revision Date 1" = 20' e. Scale f. Additional Plan or Document Title 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: 4011 2. Municipal Check Number 3/6/2023 3. Check date 4010 4. State Check Number 3/6/2023 5. Check date Environmental Consulting & Restoration LLC 6. Payor name on check: First Name 7. Payor name on check: Last Name 3/6/2023 noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 1 of 2 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: 31 Paine Avenue a. Street Address Hyannis (Barnstable) b. City/Town 4010 c. Check number $70.00 d. Fee amount 2. Applicant Mailing Address: Robert G. a. First Name Willett b. Last Name c. Organization 31 Paine Avenue d. Mailing Address Hyannis e. City/Town MA f. State 02601 g. Zip Code h. Phone Number i. Fax Number robb.willett@gmail.com j. Email Address 3. Property Owner (if different): same as applicant 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. 10/11 Page 2 of 2 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 Cat 1. 1 $110.00 x 1.5 (RFA) $165.00 Barnstable Bylaw Fee = $200.00 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.) Notice of Intent 31 Paine Avenue, Hyannis Project Description 1. Introduction This Notice of Intent (NOI) application has been submitted to the Barnstable Conservation Commission to permit the proposed reconstruction of a deck and associated stairway located at 31 Paine Avenue in Hyannis (the site). The Town of Barnstable Assessors Department references the site as Map ID: 228-119-001. The deck is located within the 100-foot buffer zone to a Bordering Vegetated Wetland, the 100-foot buffer zone to a Coastal Bank and the 200-foot Riverfront Area. This application is being submitted in accordance with the Massachusetts Wetlands Protection Act and the Town of Barnstable Wetlands Protection Bylaw. 2. Site Description The site is located at the eastern end of Paine Avenue and consists of a single-family home with driveway, maintained lawn, etc. to the north of Paine Avenue. The site abuts a perennial stream with associated wetland resource areas to the east. Environmental Consulting & Restoration, LLC (ECR) performed a review of the existing conditions at the site on December 18, 2022. The purpose of the review was to identify wetland resource areas on or near the site. ECR placed Bordering Vegetated Wetlands flags (BVW, pink & black striped ribbons) #A1 to #A13 to mark the landward limit of the vegetated wetland on and near the site. The vegetated wetland was delineated following the methodology established by the Massachusetts Department of Environmental Protection (DEP) regulations found at 310 CMR 10.55 pertaining to the delineation of Bordering Vegetated Wetlands. The delineation was performed by analyzing vegetation, hydrology within 12 inches of the surface, and soil conditions within 20 inches of the surface. The wetland contains hydric soils, saturated soils, and dominant wetland indicator plants. ECR also placed Inland Bank/Mean Annual High-Water flags (blue ribbons) #IB1 to #MAHW10 along the top of the Inland Bank or Mean Annual High-Water line of the perennial stream to the east of the site. The USGS topographic map shows this stream as a perennial stream (dark blue line) turning to a small pond in this location. The stream appears to be a ponded waterway in the field. However, without additional review of riverine characteristics, ECR is classifying this portion of the stream at this location as a perennial stream. The Inland Bank flagging was performed in accordance with the Riverfront Regulations found at 310 CMR 10.58. Lastly, the site contains Land Subject to Coastal Storm Flowage (FEMA flood zone AE). Flood waters that could potentially impact the site flow from Hyannis Harbor to the south, north through Stewarts Creek and into the unnamed perennial stream immediately east of the site. Based on the presence of Land Subject to Coastal Storm Flowage and the steep topography within the eastern portion of the site, a Coastal Bank exists on the site. In accordance with DEP Policy 92-1, the top of the Coastal Bank has been identified and shown on the attached plan. Please note, this Coastal Bank acts as a vertical buffer to flood water, but does not function as a sediment source to any other coastal resource areas. As a result of ECR’s wetland delineation at the site, ECR is able to confirm that the site contains the following areas of Conservation Commission jurisdiction: • Bordering Vegetated Wetland (BVW) • Coastal Bank • 100-foot Buffer Zone to BVW & Coastal Bank • 200-foot Riverfront Area • Land Subject to Coastal Storm Flowage (FEMA flood zone AE) Notice of Intent 31 Paine Avenue, Hyannis Also review of the MassMapper wetlands database reveals the following: • The site is not located within Estimated/Priority Habitat for Rare Species according to the Massachusetts Natural Heritage & Endangered Species Program (MaNHESP). • The site does not contain Certified Vernal Pools according to the MaNHESP. • The eastern portion of the site does contain areas mapped as Land Subject to Flooding (FEMA AE flood zone). • The site does abut a USGS mapped perennial stream as noted above. • The site is not located within an Area of Critical Environmental Concern. 3. Proposed Activities The purpose of this Notice of Intent application is to permit the reconstruction of a previously existing deck located to the rear of the existing home. The previously existing deck was recently removed and disposed of offsite. At this time, the proposed project includes reconstructing the deck within the same footprint that previously existed, there will be no expansion beyond the original footprint. The proposed activities include the following: • Installation of Erosion Control – Prior to the start of work, erosion controls will be installed to protect the nearby wetland resource areas. • Reconstruction of a Deck – The proposed deck reconstruction is located to the rear of the single-family home within a previously developed portion of the site. The proposed deck will be constructed within the same footprint as a previously existing deck and utilize the same footing locations to the extent possible. The deck is 14 feet by 20 feet in size and includes a small stairway to access the rear yard. The proposed deck will be constructed on sonotube footings, or similar. Limited excavation will be necessary. Please note, the deck planks will be adequately spaced to allow stormwater to flow through and infiltrate the ground below. • Landscape Improvements - All disturbed areas surrounding the proposed deck and will be restored and stabilized as lawn and/or landscape beds. Any landscape plant materials proposed within the Riverfront Area should be native plants and mulched with natural seasoned mulch. ECR recommends a seed mix high in fescues that require less water and nutrient needs. 4. Regulatory Compliance 4.1 MA Wetland Protection Act & Chapter 237 of the General Ordinances The proposed project is located within the 200-foot Riverfront Area and therefore must meet the Riverfront Area regulations set forth in 310 CMR 10.58. 4.1.1 Riverfront Area Calculations Review of the existing and proposed conditions at the site results in the following Riverfront Area calculations: • The 200-foot Riverfront Area covers the entire site which totals 10,800 square feet. • The existing developed/degraded Riverfront Area consisting of the house, driveway, shed and previously existing deck is approximately 1,544 square feet or 14.3% of the Riverfront Area. Notice of Intent 31 Paine Avenue, Hyannis • The proposed deck reconstruction project will not increase the degraded Riverfront Area onsite as the 14-foot x 20-foot deck is being constructed within the same footprint as the previously existing deck. 4.1.2 Riverfront Area Analysis The applicant is proposing to reconstruct a previously existing deck to the rear of the single- filmy home. Since the property is previously developed and degraded areas exist within the Riverfront Area, this proposed project constitutes a redevelopment project; more specifically, Redevelopment Within Previously Developed Riverfront Area (310 CMR 10.58(5)). A previously developed Riverfront Area is defined as an area degraded prior to August 7, 1996 by impervious surfaces from existing structures or pavement, absence of topsoil, junkyards, or abandoned dumping grounds. This site meets those criteria. In order for the project to comply with the Riverfront Redevelopment standards, the following components are required: a. The proposed work shall result in an improvement over existing conditions of the capacity of the riverfront area to protect the interests identified in the Massachusetts Wetlands Protection Act. The proposed project improves the condition of the Riverfront Area by replacing an old, partially dilapidated deck with a new deck that will remain stable for years to come. The new deck will be constructed within the same footprint as the old deck and will not be expanded. b. Stormwater management is provided according to standards established by the Department. Single family homes are exempt from the Stormwater Management Guidelines. c. Within 200-foot Riverfront areas, proposed work shall not be closer to the river than existing conditions or 100 feet, whichever is less, or not closer than existing conditions within 25-foot riverfront areas, except in accordance with 310 CMR 10.58(5)(f) or (g). The proposed deck is proposed within the same footprint of the previously existing deck and will be no closer to the river than the previous deck or the existing home. d. Proposed work, including expansion of existing structures, shall be located outside the riverfront area or toward the riverfront boundary and away from the river. As notes, the proposed deck is located within the footprint of the previously existing deck. The new deck will be no closer to the river. e. The area of proposed work shall not exceed the amount of degraded area, provided that the proposed work may alter up to 10% if the degraded area is less than 10% of the riverfront area, except in accordance with 310 CMR 10.58(5)(f) or (g). The proposed project does not increase the total amount of degraded Riverfront Area on the site, therefore no mitigation of restoration is required in accordance with 310 CMR 10.58(f) or (g). f. When an applicant proposes restoration on-site of degraded riverfront area, alteration may be allowed notwithstanding the criteria of 310 CMR 10.58(5)(c), (d), and (e) at a Notice of Intent 31 Paine Avenue, Hyannis ratio in square feet of at least 1:1 of restored area to area of alteration not conforming to the criteria. Areas immediately along the river shall be selected for restoration. Alteration not conforming to the criteria shall begin at the riverfront area boundary. Restoration shall include: 1. removal of all debris, but retaining any trees or other mature vegetation; 2. grading to a topography which reduces runoff and increases infiltration; 3. coverage by topsoil at a depth consistent with natural conditions at the site; and 4. seeding and planting with an erosion control seed mixture, followed by plantings of herbaceous and woody species appropriate to the site The proposed project does not include any restoration. g. When an applicant proposes mitigation either on-site or in the riverfront area within the same general area of the river basin, alteration may be allowed notwithstanding the criteria of 310 CMR 10.58(5)(c), (d), or (e) at a ratio in square feet of at least 2:1 of mitigation area to area of alteration not conforming to the criteria or an equivalent level of environmental protection where square footage is not a relevant measure. Alteration not conforming to the criteria shall begin at the riverfront area boundary. Mitigation may include off-site restoration of riverfront areas, conservation restrictions under M.G.L. c. 184, §§ 31 through 33 to preserve undisturbed riverfront areas that could be otherwise altered under 310 CMR 10.00, the purchase of development rights within the riverfront area, the restoration of bordering vegetated wetland, projects to remedy an existing adverse impact on the interests identified in M.G.L. c. 131, § 40 for which the applicant is not legally responsible, or similar activities undertaken voluntarily by the applicant which will support a determination by the issuing authority of no significant adverse impact. Preference shall be given to potential mitigation projects, if any, identified in a River Basin Plan approved by the Secretary of the Executive Office of Energy and Environmental Affairs. The proposed project does not include any mitigation. h. The issuing authority shall include a continuing condition in the Certificate of Compliance for projects under 310 CMR 10.58(5)(f) or (g) prohibiting further alteration within the restoration or mitigation area, except as may be required to maintain the area in its restored or mitigated condition. Prior to requesting the issuance of the Certificate of Compliance, the applicant shall demonstrate the restoration or mitigation has been successfully completed for at least two growing seasons. The applicant shall abide by this requirement. 4.2 Chapter 704: Regulation Governing Activity in the 100-ft. Buffer Zone As stated above, the proposed deck reconstruction is located within the 100-foot buffer zone to a BVW and Coastal Bank. Barnstable’s Chapter 704 governs activities located within the 100- foot buffer zone In accordance with 704-6 A.(4), the proposed project may be permitted at the Commission’s discretion and without accompanying requirement for mitigation plantings. For reference the regulation has been copied below: 704-6 APPLICABILITY Notice of Intent 31 Paine Avenue, Hyannis A. This Regulation shall not be construed to preclude the following activities, any of which may be permitted at the Commission’s discretion, and without accompanying requirement for mitigation planting: (4) The construction or reconstruction, without expansion or intensification of use, of all or a portion of a previously existing structure which utilizes a pre-existing foundation or footprint without need of additional excavation or filling, and either: (a) is approved, or (b) was constructed prior to 1973 The proposed project is to reconstruct a previously existing deck within the same footprint, there will be no expansion and it will utilize the same footing locations with no additional excavation required beyond the new footings. Furthermore, the home was constructed prior to 1973 and it is assumed the deck was included in the original construction. Also note, Chapter 704 requires waivers of the performance standards for projects proposed in the 50-foot buffer (section 704-4). However, section 704-4 specifically references the exceptions noted in section 704-6, copied above, which this project meets. Therefore, a waiver requested has not been submitted for this proposed project. 5. Conclusion As a result of the information documented above, it is ECR's professional opinion that the proposed project complies with the Massachusetts WPA and the Town of Barnstable General Ordinance. Furthermore, the proposed project does not adversely impact any wetland resource areas on or near the site and maintains the historical use of the property. In conclusion, based on the information detailed in this NOI, it is ECR’s professional opinion that the applicant is entitled to an Order of Conditions. USGS SITE LOCUS MAP 31 Paine Avenue Hyannis, Massachusetts Source: MassGIS Mass Mapper N  SITE FEMA MAP 31 Paine Avenue Hyannis, Massachusetts Source: FEMA Map 25001C0568J; Eff. 07/16/2014 N  SITE Priority Habitats of Rare Species, Estimated Habitat of Rare Wildlife & Certified Vernal Pools Map 31 Paine Avenue Hyannis, Massachusetts Source: MassGIS Mass Mapper N  SITE Conservation Notice of Intent (NOI) Abutter List for Subject Parcel 289119001 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 288142 BUSIAS, ELAINE M 297 STONEY CLIFF RD CENTERVILLE 02632MA 288143 DOHERTY, JAMES F 20 PAINE AVENUE HYANNIS 02601MA 288144 STRANO, TIFFANY M 4 COOK STREET #2 CHARLESTOWN 02129MA 289110 TFG HYANNIS HOSPITALITY LLC C/O TFG HOTELS & RESORTS INC 35 SCUDDER AVENUE HYANNIS 02601MA 289117 DOHERTY, CASEY B 20 HILL STREET HYANNIS 02601MA 289118 SACCOCIA, DAVID N ESTATE OF C/O SACCOCIA, BEVERLY PO BOX 386 DENNIS 02638MA 289119001 WILLETT, ROBERT G 31 PAINE AVENUE HYANNIS 02601MA 289120 MCCAULEY, DANIEL & BERNADETTE 23 HILL STREET HYANNIS 02601MA 289121 DIAS, JO ANN L C/O CRIPPEN (DIAS), JOANN 17 HILL STREET HYANNIS 02601MA 289130 SAMARDZIC, NENAD & DANKA 12 STANDISH CIRCLE ANDOVER 01810MA 1/11/2023 2:00 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. 3,600.00 Conservation Notice of Intent (NOI) Abutter Map for Subject Parcel 289119001 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. 150 Town of Barnstable GIS Unit 300 1/11/2023 gis@town.barnstable.ma.us Printed on: 0 ft.300 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 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 REMOTELY 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. NOTE: Plans and applications describing the proposed activity are on file with the Conservation Commission at https://itlaserfiche.town.barnstable.ma.us/WebLink/Browse.aspx?id=825530&dbid=0&repo=TownOfBarns table, by email to Kimberly.Cavanaugh@town.barnstable.ma.us or by calling (508-862-4093) 31 Paine Avenue 289 119-001 proposed construction of a deck and associated stairway access. ECR, LLC | Brad Holmes PO Box 4012 Plymouth MA 02361 Robert Willett 230 South St Hyannis, MA 02601 1.Head west toward Main St 2.Turn right toward Main St 3.Turn left onto Main St 4.At the trac circle, take the 4th exit onto Scudder Ave 5.Turn left onto Greenwood Ave 6.Turn left onto Paine Ave 31 Paine Ave Hyannis, MA 02601 52 ft 482 ft 0.7 mi 0.3 mi 0.2 mi 322 ft Drive 1.4 miles, 5 min230 South St, Hyannis, MA 02601 to 31 Paine Ave, Hyannis, MA 02601