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HomeMy WebLinkAboutCompiled_163Estey_NOI_05092023 Prepared by: 349 Route 28, Unit D W. Yarmouth, Massachusetts 02673 163 Estey Avenue, Hyannis Notice of Intent Application Proposed Construction Second Story Deck and Stairway Town of Barnstable Conservation Commission May 2023 Prepared for: Brian and Anne Guarco 70R Day Street Granby, CT 06035 BSC Job #48345.06 Engineers Environmental Scientists Software Developers Landscape Architects Planners Surveyors 349 Main Street, Route 28, Unit D / West Yarmouth, MA 02673 / 508-778-8919 MAY 9, 2023 www.bscgroup.com Town of Barnstable Conservation Commission 230 South Street Hyannis MA 02601 Attn: Darcy Karle, Conservation Administrator RE: Notice of Intent Application, Proposed second story Deck and Stairway, 163 Estey Avenue, Hyannis, MA BSC Job #48345.06 Dear Ms. Karle and Members of the Conservation Commission: BSC Group, Inc. (BSC) is pleased to submit this Notice of Intent (NOI) Application on behalf of Brian and Anne Guarco (the Applicant), for the property located at 163 Estey Avenue, Hyannis, MA (the Site). The proposed project at the Site involves the construction of a second story deck and outside stairway associated with single-family dwelling within the Land Subject to Coastal Storm Flowage and the Buffer Zone to Bordering Vegetated Wetlands and Coastal Dune. For more information, please refer to the attached Site Plans and attached narrative. Enclosed please find the Notice of Intent application and accompanying materials. If you have any questions or require additional information, please contact me our office at (508) 778 - 8919. Truly yours, BSC GROUP, INC. Hannah Raddatz Wetland Scientist cc: Brian and Anne Guarco, 70R Day Street, Granby, CT 06035 Massachusetts DEP SERO, 20 Riverside Dr, Lakeville, MA 02347 TABLE OF CONTENTS Item Attachment Barnstable Application Forms 1 Notice of Intent Form 2 Project Description 3 USGS Site Locus Map 4 FEMA Map 5 NHESP Priority & Estimated Habitat Map 6 Site Photographs 7 Abutter Information 8 Site Plans 9 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 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. 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 t he 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; Notice of Intent 163 Estey Avenue Hyannis, MA PROJECT SITE DIRECTIONS 1. From Barnstable Town Hall parking, head east towards Old Colony Road 2. Slight right onto Old Colony Road, then continue 0.8 miles 3. Turn left onto Gosnold Street, continue 0.2 miles 4. Turn right onto Estey Avenue, Site is on the right wpaform3.doc rev. 2/8/2018 Page 1 of 9 4 Provided by MassDEP: MassDEP File Number Document Transaction Number 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 Barnstable City/Town A. General Information 1. Project Location (Note: electronic filers will click on button to locate project site): 163 Estey Avenue a. Street Address Hyannis b. City/Town 02601 c. Zip Code Latitude and Longitude:41.636171 d. Latitude -70.285942 e. Longitude 306 f. Assessors Map/Plat Number 197 g. Parcel /Lot Number 2. Applicant: Brian and Anne a. First Name Guarco b. Last Name c. Organization 70R Day Street d. Street Address Granby e. City/Town CT f. State 06035 g. Zip Code h. Phone Number i. Fax Number SLPBrian@gmail.com j. Email Address 3. Property owner (required if different from applicant):Check if more than one owner 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. 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): Hannah a. First Name Raddatz b. Last Name BSC Group, Inc c. Company 349 Route 28 Unit D d. Street Address West Yarmouth e. City/Town MA f. State 02673 g. Zip Code 508-778-8919 h. Phone Number i. Fax Number hraddatz@bscgroup.com j. Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $110.00 a. Total Fee Paid $42.50 b. State Fee Paid $67.50 c. City/Town Fee Paid wpaform3.doc rev. 2/8/2018 Page 2 of 9 4 Provided by MassDEP: MassDEP File Number Document Transaction Number 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 Barnstable City/Town A. General Information (continued) 6. General Project Description: The proposed project at the Site involves the expansion of a second-story deck and stairway associated with single-family dwelling within the Buffer Zone to Bordering Vegetated Wetlands, Land Subject to Coastal Storm Flowage, and Coastal Dune. 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) 27646 c. Book 149 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. 2/8/2018 Page 3 of 9 4 Provided by MassDEP: MassDEP File Number Document Transaction Number 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 Barnstable City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d) 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 1. square feet 2. square feetc. Land Under Waterbodies and Waterways 3. cubic yards dredged Resource Area Size of Proposed Alteration Proposed Replacement (if any) For all projects affecting other Resource Areas, please attach a narrative explaining how the resource area was delineated. 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: square feet 4. Proposed alteration of the Riverfront Area: a. total square feet b. square feet within 100 ft. c. square feet between 100 ft. and 200 ft. 5. Has an alternatives analysis been done and is it attached to this NOI? Yes No 6. Was the lot where the activity is proposed created prior to August 1, 1996? Yes No 3. Coastal Resource Areas: (See 310 CMR 10.25-10.35) Note: for coastal riverfront areas, please complete Section B.2.f. above. wpaform3.doc rev. 2/8/2018 Page 4 of 9 4 Provided by MassDEP: MassDEP File Number Document Transaction Number 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 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. 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 Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. 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 136 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. 2/8/2018 Page 5 of 9 4 Provided by MassDEP: MassDEP File Number Document Transaction Number 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 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 MassMapper 05/2023 b. Date of map 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 Phone: (508) 389-6360 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 http://www.mass.gov/eea/agencies/dfg/dfw/natural-heritage/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. 2/8/2018 Page 6 of 9 4 Provided by MassDEP: MassDEP File Number Document Transaction Number 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 Barnstable City/Town C. Other Applicable Standards and Requirements (cont’d) (c) MESA filing fee (fee information available at http://www.mass.gov/dfwele/dfw/nhesp/regulatory_review/mesa/mesa_fee_schedule.htm). 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, http://www.mass.gov/dfwele/dfw/nhesp/regulatory_review/mesa/mesa_exemptions.htm; 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@state.ma.us 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@state.ma.us 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. wpaform3.doc rev. 2/8/2018 Page 7 of 9 4 Provided by MassDEP: MassDEP File Number Document Transaction Number 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 Barnstable City/Town C. Other Applicable Standards and Requirements (cont’d) 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)? Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. 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. 2/8/2018 Page 8 of 9 4 Provided by MassDEP: MassDEP File Number Document Transaction Number 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 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.), andattach documentation of the methodology. 4. List the titles and dates for all plans and other materials submitted with this NOI. Plan of Land a. Plan Title BSC Group, Inc b. Prepared By Kieran J. Healy, PLS c. Signed and Stamped by 3/27/2023 d. Final Revision Date 1" = 10' 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: 9238 2. Municipal Check Number 4/28/2023 3. Check date 9237 4. State Check Number 4/28/2023 5. Check date Anne D and Brian V 6. Payor name on check: First Name Guarco 7. Payor name on check: Last Name 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 A. Applicant Information 1. Location of Project: 163 Estey Avenue a. Street Address Barnstable (Hyannis) b. City/Town 9237 c. Check number $42.50 d. Fee amount 2. Applicant Mailing Address: Brian and Anne a. First Name Guarco b. Last Name c. Organization 70R Day Street d. Mailing Address Granby e. City/Town CT f. State 06035 g. Zip Code h. Phone Number i. Fax Number SLPBrian@gmail.com j. Email Address 3. Property Owner (if different): Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. 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 B. Fees To calculate filing fees, refer to the category fee list and examples in the instructions for filling out WPA Form 3 (Notice of Intent). 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 4/Subtotal Activity Fee Step 3/Individual Activity Fee Category 1 a. Construction assoc w/ Single Family Dwelling 1 $110.00 $110.00 Barnstable Bylaw Fee for NOI $200.00 Step 5/Total Project Fee:$110.00 Step 6/Fee Payments: Total Project Fee:$110.00 a. Total Fee from Step 5 State share of filing Fee:$42.50 b. 1/2 Total Fee less $12.50 City/Town share of filling Fee:$67.50 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 163 Estey Avenue Hyannis, MA PROJECT DESCRIPTION 1.0 INTRODUCTION The proposed project at 163 Estey Avenue in Hyannis, MA (the Site) consists of the permitting of a deck expansion and outside stairway associated with an existing single-family dwelling (the Project). This application is being submitted in accordance with the Town of Barnstable Wetlands Protection Bylaw (the Barnstable Bylaw) and Massachusetts Wetlands Protection Act and associated regulations (the WPA). 2.0 SITE DESCRIPTION The property located at 163 Estey Avenue is bordered by private residences to the south, east, and north and by BVW and a salt pond to the west. The jurisdictional wetland resource areas that are protected under the Barnstable Bylaw and the WPA include; • Land Under Water (LUW) • Salt Pond • Coastal Dune • Bordering Vegetated Wetlands (BVW) • Land Subject to Coastal Storm Flowage (LSCSF, elevation 11) 3.0 PROPOSED ACTIVITIES The purpose of this application is to authorize the following proposed activities: Proposed Construction of Outside Stairway and Expanded Deck: The proposed project at the site consists of the construction of a second story deck and associated access stairway. These structures will be attached to the existing dwelling and built over existing lawn and retaining wall. Proposed impacts to the outer limits of the 100-foot Buffer Zone to BVW and Coastal Dune includes 136 square feet (sf) of the stairway and expanded second story deck. The proposed structure will not be located closer than 30 linear feet (lf) from the delineated BVW. This project was designed to have the least impact on undisturbed lands and jurisdictional resource areas as possible and sediment controls will be installed and maintained in working condition until the site has reach appropriate levels of stabilization. Excavation will be limited to the support pilings of the second story deck and stairway. No vegetation clearing or conversion of currently previous area to impervious area is proposed. 4.0 MITIGATION As mitigation for impacts within Buffer Zone to BVW and Coastal Dune, two areas of mitigation plantings totaling in 96 sf, are proposed within the 0-50-foot Buffer Zones. Plantings will consist of coastal zone tolerant species such as Bearberry (Arctostaphylos uva-ursi), Virginia Rose (Rosa virginiana), Pasture rose (Rosa carolina), Lowbush Blueberry (Vaccinium angustifolium), Sweet Fern (Comptonia peregrina), and Inkberry (Ilex glabra). The table below is an estimate of the size and coverage of the mitigation plantings. Common Name Scientific Name Number Size Spacing H x W Bearberry Arctostaphylos uva-ursi 6 4” pot 1’ OC 1’ x 3’ Sweet fern Comptonia peregrina 4 1 gallon pot 1’ OC 2’ x 3’ Lowbush Blueberry Vaccinium angustifolium 6 4” pot 1’ OC 1’ x 2’ Inkberry Ilex glabra 2 4-5 gallon 5’ OC 6’ x 4’ Rosa Carolina/ Virginia Rose* Rosa virginiana/ Rosa carolina 3 1 gallon 3’ OC 3’ x 3’ *Based on availability Ground disturbance within the jurisdictional resource areas will be limited to the greatest extent practicable and any areas where soils are disturbed will be loamed and seeded with grass seed immediately following the completion of work activities, although ground disturbance will be limited to the installation of the support pilings for the deck and stairway. A line of staked haybales and silt fence will be installed at the limit of work to prevent the migration of sediment towards the resource areas. All construction materials will be staged in the upland and as far from the resource area as possible. Any debris from the Site will be contained in roll-off container stored in upland areas and will be removed from the Site in a timely manner. Copyright:© 2013 National Geographic Society, i-cubed 70°16'0"W 70°16'0"W 70°17'0"W 70°17'0"W 41°39'0"N41°39'0"N41°38'0"N41°38'0"NDocument Path: \\bscbos\yar\Projects-YAR\4834506\Environmental\GIS\Output\Maps\MXD\ReportMaps\LOCUS_Map_163EsteyAve.mxdDate Saved: 2/10/2023 2:43:50 PM THIS DOCUMENT IS INTENDED FOR GENERAL PLANNING & INFORMATION PURPOSES ONLY. ALL MEASUREMENTS & LOCATIONS ARE APPROXIMATE Scale:Source: 2013National GeographicSociety, i-cubed163 ESTEY AVENUEHYANNIS, M AUSGS Site Locu s M ap (pa ge size: 8.5 X 11) 1 inch = 1 ,7 50 fe et 0 890 1,780 Feet H Site Location National Flood Hazard Layer FIRMette 0 500 1,000 1,500 2,000250 Feet Ü SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT SPECIAL FLOOD HAZARD AREAS Without Base Flood Elevation (BFE) Zone A, V, A99 With BFE or DepthZone AE, AO, AH, VE, AR Regulatory Floodway 0.2% Annual Chance Flood Hazard, Areas of 1% annual chance flood with average depth less than one foot or with drainage areas of less than one square mileZone X Future Conditions 1% Annual Chance Flood HazardZone X Area with Reduced Flood Risk due to Levee. See Notes.Zone X Area with Flood Risk due to LeveeZone D NO SCREEN Area of Minimal Flood Hazard Zone X Area of Undetermined Flood HazardZone D Channel, Culvert, or Storm Sewer Levee, Dike, or Floodwall Cross Sections with 1% Annual Chance 17.5 Water Surface Elevation Coastal Transect Coastal Transect Baseline Profile Baseline Hydrographic Feature Base Flood Elevation Line (BFE) Effective LOMRs Limit of Study Jurisdiction Boundary Digital Data Available No Digital Data Available Unmapped This map complies with FEMA's standards for the use of digital flood maps if it is not void as described below. The basemap shown complies with FEMA's basemap accuracy standards The flood hazard information is derived directly from the authoritative NFHL web services provided by FEMA. This map was exported on 2/9/2023 at 5:55 PM and does not reflect changes or amendments subsequent to this date and time. The NFHL and effective information may change or become superseded by new data over time. This map image is void if the one or more of the following map elements do not appear: basemap imagery, flood zone labels, legend, scale bar, map creation date, community identifiers, FIRM panel number, and FIRM effective date. Map images for unmapped and unmodernized areas cannot be used for regulatory purposes. Legend OTHER AREAS OF FLOOD HAZARD OTHER AREAS GENERAL STRUCTURES OTHER FEATURES MAP PANELS 8 B 20.2 The pin displayed on the map is an approximate point selected by the user and does not represent an authoritative property location. 1:6,000 70°17'28"W 41°38'24"N 70°16'50"W 41°37'57"N Basemap: USGS National Map: Orthoimagery: Data refreshed October, 2020 kj kjkj BARNSTA BLE 70°17'0"W 70°17'0"W Document Path: \\bscbos\yar\Projects-YAR\4834506\Environmental\GIS\Output\Maps\MXD\ReportMaps\NHESP_Map_163EsteyAve.mxdDate Saved: 2/10/2023 2:50:08 PM THIS DOCUMENT IS INTENDED FOR GENERAL PLANNING & INFORMATION PURPOSES ONLY. ALL MEASUREMENTS & LOCATIONS ARE APPROXIMATE Scale:Source: 2013National GeographicSociety, i-cubedNHESP MAP 163 Estey AvenueHyannis, MA (Page size: 8.5 X 11) 1 inch = 250 feet 0 130 260 Feet H 1:3,000 , PRO JECTAREA Sources: Esri, HERE, Garmin,Intermap, increment P Corp.,GEBCO, USGS, FAO, NPS,NRCAN, GeoBase, IGN, Legend Town Boun dary (1) kj Ce rtified Ver nal Pools kj Pot ential Vern al Pools NHESP Prior ity Habitats NHESP Estimat ed Habitats Areas of Critical Environmental Concern Photo 1: View of BVW to the northeast of the Site from the edge of lawn. Looking southwest Photo 2: View of BVW to the northwest of the Site from the edge of lawn. View of ponded area within Conservation Land to the west. Looking west Site Photographs September 2022 141/163 Estey Avenue Hyannis, MA Page 1 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) 2,400.00 Conservation Notice of Intent (NOI) Abutter Map for Subject Parcel 306197 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. 100 Town of Barnstable GIS Unit 200 2/10/2023 gis@town.barnstable.ma.us Printed on: 0 ft.200 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 306197 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 306146 HENNESSY, MARK 5804 BABCOCK RD., #385 SAN ANTONIO 78240TX 306149 GUARCO, MICHAEL B & EILEEN 7 BAYBERRY DRIVE EAST GRANBY 06026CT 306150 GUARCO, JOHN P & KAREN E ET AL PO BOX 33 GRANBY 06035CT 306194 ANDERSON, DAVID J & CLAIRE M 15 TRUMAN DRIVE NORTH EASTON 02356MA 306195 LACOUTURE, PETER V & PAUL M TRS C/O ROBINSON & COLE ONE FINANCIAL PLAZA SUITE 1430 PROVIDENCE 02903RI 306196 WYLIE, PAUL S & KATHERINE M 10 DESIREE LANE LAKE PLACID 12946NY 306197 163 ESTEY AVENUE LLC 70R DAY STREET GRANBY 06035CT 306198 GUARCO, JOHN P & KAREN E PO BOX 33 GRANBY 06035CT 306199 VICKERY, CLAUDETTE PO BOX 1328 HYANNIS 02601MA 306285 BARNSTABLE LAND TRUST INC 1540 MAIN STREET WEST BARNSTABLE 02668MA 324005 BARNSTABLE LAND TRUST INC 1540 MAIN STREET WEST BARNSTABLE 02668MA 2/10/2023 1:13 PMReport Generated On:Page 1 of 1 11Total 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.