HomeMy WebLinkAbout120 East Bay Rd - NOI Filing 5-9-2023
May 9, 2023 C18614.00
Conservation Commission By Hand Delivery
Attn: Darcy Karle, Agent
230 South Street
Hyannis, MA 02601
Re: Notice of Intent Application Filing Package
Proposed Site Improvements: Stairway, landing and walkway reconfiguration for code compliance, and after-the fact
approval for shed installation, deck expansion and proposed mitigation plantings
Assembly Required LLC
120 East Bay Road
Osterville, MA
Map: 140, Parcel: 163
Dear Ms. Karle and Commission Members:
On behalf of our client, Assembly Required LLC, we are submitting 2 originals plus 7 copies of a Notice of Intent Application
Filing Package, an original check for municipal filing, and 9 copies of the plan for the above referenced project. The following
items are enclosed:
• Barnstable NOI Checklist
• Property Access Authorization
• Notice of Intent Application
• Project Description, Performance Standards Narrative, Construction Protocol
• NOI Wetland Fee Transmittal Form
• Copy of $152.50 check made payable to Commonwealth of MA - DEP for state share of DEP fee, (original sent to lockbox)
• Copy of $1,177.50 check made payable to Town of Barnstable for town share of DEP fee and bylaw fees (ATF)
• Driving Directions to Site
• Affidavit of Service and Abutter Notification Letter
• Certified Abutter List, Assessor Map 140, identifying locus
• USGS Map, identifying locus
• Coastal Engineering Co., Inc. Sketch Plan Showing Existing Shed, Deck and Stairs, dated 5/9/2023
Please schedule this for the May 23, 2023 public hearing. If you have any questions or require additional information, please
give our office a call. Thank you.
Sincerely,
COASTAL ENGINEERING CO., INC.
Carla A. Davis
Enclosures: as stated
cc: Mass. DEP/SERO - Wetlands
Assembly Required LLC
Sean M. Riley, Project Manager
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
200 Main Street
Hyannis Massachusetts 02601
Office: 508-862-4093 E-mail: conservation@town.barnstable.ma.us FAX: 508-778-2412
X
X
X
X
X
X
X
X
X
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 the 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 mailings 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 abutters 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 resource 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.
X
X
X
X
X
X
Coastal Engineering Co., Inc.4/11/2023
X
X
X
X
X
X
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 areas. 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;
X
X
X
X
X
X
X
X
X
N/A
N/A
X
X
X
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 Environmental Protection, Box
4062, Boston, MA 02211.
f. For roadway construction or repair projects, provide 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
X
X
N/A
N/A
N/A
2023
Assembly Required LLC
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Assembly Required LLC
Sean M. Riley, P.E., Coastal Engineering Co., Inc.
120 East Bay Road, Osterville
140 163
508-364-1250 (Mark Curley - Property Manager)
3/21/2023
DocuSign Envelope ID: 124794CE-087B-4DCE-A477-5E3611805AAA
4/7/2023
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):
120 East Bay Road
a. Street Address
Osterville
b. City/Town
02655
c. Zip Code
Latitude and Longitude: 41°37'32.70"N
d. Latitude
70°22'36.56"W
e. Longitude
140
f. Assessors Map/Plat Number
163
g. Parcel /Lot Number
2. Applicant:
c/o Paul Mccoy Family Office Services
a. First Name
b. Last Name
Assembly Required LLC
c. Organization
31 St. James Street, Suite 740
d. Street Address
Boston
e. City/Town
MA
f. State
02116
g. Zip Code
h. Phone Number
i. Fax Number
j. Email Address
3. Property owner (required if different from applicant): Check if more than one owner
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):
Sean M.
a. First Name
Riley, P.E.
b. Last Name
Coastal Engineering Co., Inc.
c. Company
260 Cranbery Highway
d. Street Address
Orleans
e. City/Town
MA
f. State
02653
g. Zip Code
508-255-6511
h. Phone Number
508-255-6700
i. Fax Number
permitting@coastalengineeringcompany.com
j. Email address
5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form):
$330.00
a. Total Fee Paid
$152.50
b. State Fee Paid
$177.50
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:
Proposed Site Improvements: Stairway, landing and walkway reconfiguration for code compliance,
and after-the fact approval for shed installation, deck expansion and proposed mitigation plantings.
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)
30724
c. Book
105
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:
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. 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
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.
Sketch Plan Showing Existing Shed, Deck and Stairs
a. Plan Title
Coastal Engineering Co., Inc.
b. Prepared By
Sean M. Riley, P.E.
c. Signed and Stamped by
05/09/2023
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:
859
2. Municipal Check Number
5/9/2023
3. Check date
858
4. State Check Number
5/9/2023
5. Check date
6. Payor name on check: First Name
Coastal Engineering Co., Inc.
7. Payor name on check: Last Name
wpaform3.doc • rev. 6/18/2020 Page 9 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
F.Signatures and Submittal Requirements
I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying
plans, documents, and supporting data are true and complete to the best of my knowledge. I understand
that the Conservation Commission will place notification of this Notice in a local newspaper at the
expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a).
I further certify under penalties of perjury that all abutters were notified of this application, pursuant to
the requirements of M.G.L. c. 131, § 40. Notice must be made by Certificate of Mailing or in writing by
hand delivery or certified mail (return receipt requested) to all abutters within 100 feet of the property line
of the project location.
1.Signature of Applicant 2.Date
3. Signature of Property Owner (if different)4.Date
5. Signature of Representative (if any)6. Date
For Conservation Commission:
Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents,
two copies of the NOI Wetland Fee Transmittal Form, and the city/town fee payment, to the
Conservation Commission by certified mail or hand delivery.
For MassDEP:
One copy of the completed Notice of Intent (Form 3), including supporting plans and documents, one
copy of the NOI Wetland Fee Transmittal Form, and a copy of the state fee payment to the
MassDEP Regional Office (see Instructions) by certified mail or hand delivery.
Other:
If the applicant has checked the “yes” box in any part of Section C, Item 3, above, refer to that
section and the Instructions for additional submittal requirements.
The original and copies must be sent simultaneously. Failure by the applicant to send copies in a
timely manner may result in dismissal of the Notice of Intent.
Sean M. Riley,. Coastal Engineering Co., Inc.04/11/2023
DocuSign Envelope ID: 124794CE-087B-4DCE-A477-5E3611805AAA
4/7/2023
NOTICE OF INTENT APPLICATION
120 EAST BAY ROAD, OSTERVILLE
TOWN OF BARNSTABLE
Prepared By: Coastal Engineering Company, Inc.
May 9, 2023
Proposed Site Improvements:
Stairway, landing and walkway reconfiguration for code compliance,
and after-the fact approval for shed installation, deck expansion and
proposed mitigation plantings
C18614.00: Notice of Intent Application Assembly Required LLC, 120 East Bay Road, Osterville
Page 1 of 9
Table of Contents
Project Narrative ................................................................................................................................................................ 2
Wetland Performance Standards.................................................................................................................................. 3
State Wetlands Protection Act 310 CMR 10.00 .................................................................................................... 3
Barnstable Wetlands Protection ............................................................................................................................... 6
Construction Protocol ....................................................................................................................................................... 8
Summary and Recommendations................................................................................................................................. 9
C18614.00: Notice of Intent Application Assembly Required LLC, 120 East Bay Road, Osterville
Page 2 of 9
Project Narrative
The proposed project is located at 120 East Bay Road in Osterville. The property contains Coastal
Bank (State and Barnstable), Bordering Vegetated Wetland (BVW), Salt Marsh, and Land Subject to
Coastal Storm Flowage (LSCSF).
During a renovation of the existing home, the Town of Barnstable building commissioner found that
one of the existing exterior stairs was not compliant with the current building code and therefore
required the installation of a replacement stair to meet the state building code as a second means of
egress.
During this process it was brought to our attention that at some time within the past 7 years work had
been done to replace a different exterior access stair with a deck and new set of stairs as well as to
install a tool shed on the property.
We have submitted a plan showing the location of the deck, shed and proposed replacement access
stair. We are proposing 4:1 mitigation with the removal of existing lawn and the installation of native
plantings at the base of the coastal bank adjacent to the wetland resource areas listed above.
C18614.00: Notice of Intent Application Assembly Required LLC, 120 East Bay Road, Osterville
Page 3 of 9
Wetland Performance Standards
State Wetlands Protection Act 310 CMR 10.00
10.30: Coastal Banks
(3) No new bulkhead, revetment, seawall, groin or other coastal engineering structure shall be
permitted on such a coastal bank except that such a coastal engineering structure shall be permitted
when required to prevent storm damage to buildings constructed prior to the effective date of 310
CMR 10.21 through 10.37 or constructed pursuant to a Notice of Intent filed prior to the effective date
of 310 CMR 10.21 through 10.37 (August 10, 1978), including reconstructions of such buildings
subsequent to the effective date of 310 CMR 10.21 through10.37, provided that the following
requirements are met:
• N/A
(a) a coastal engineering structure or a modification thereto shall be designed and
constructed so as to minimize, using best available measures, adverse effects on adjacent or
nearby coastal beaches due to changes in wave action, and
(b) the applicant demonstrates that no method of protecting the building other than the
proposed coastal engineering structure is feasible.
(c) protective planting designed to reduce erosion may be permitted.
(4) Any project on a coastal bank or within 100 feet landward of the top of a coastal bank, other than
a structure permitted by 310 CMR 10.30(3), shall not have an adverse effect due to wave action on the
movement of sediment from the coastal bank to coastal beaches or land subject to tidal action.
• N/A
(5) The Order of Conditions and the Certificate of Compliance for any new building within 100feet
landward of the top of a coastal bank permitted by the issuing authority under M.G.L. c. 131,§ 40 shall
contain the specific condition: 310 CMR 10.30(3), promulgated under M.G.L. c. 131,§ 40, requires that
no coastal engineering structure, such as a bulkhead, revetment, or seawall shall be permitted on an
eroding bank at any time in the future to protect the project allowed by this Order of Conditions.
WHEN A COASTAL BANK IS DETERMINED TO BE SIGNIFICANT TO STORMDAMAGE PREVENTION OR
FLOOD CONTROL BECAUSE IT IS A VERTICAL BUFFERTO STORM WATERS, 310 CMR 10.30(6)
THROUGH (8) SHALL APPLY:
(6) Any project on such a coastal bank or within 100 feet landward of the top of such coastal bank
shall have no adverse effects on the stability of the coastal bank.
• The shed and deck have had no impact on the stability of the coastal bank. The bank is mostly
maintained lawn area with a buffer of native vegetation at the toe of the slope.
(7) Bulkheads, revetments, seawalls, groins or other coastal engineering structures may be permitted
on such a coastal bank except when such bank is significant to storm damage prevention or flood
control because it supplies sediment to coastal beaches, coastal dunes, and barrier beaches.
C18614.00: Notice of Intent Application Assembly Required LLC, 120 East Bay Road, Osterville
Page 4 of 9
(8) Notwithstanding the provisions of 310 CMR 10.30(3) through (7), no project may be permitted
which will have any adverse effect on specified habitat sites of rare vertebrate or invertebrate species,
as identified by procedures established under 310 CMR 10.37.
• N/A
10.32: Salt Marshes
WHEN A SALT MARSH IS DETERMINED TO BE SIGNIFICANT TO THE PROTECTION OF MARINE
FISHERIES, THE PREVENTION OF POLLUTION, STORM DAMAGE PREVENTION OR GROUND WATER
SUPPLY, 310 CMR 10.32(3) THROUGH (6) SHALL APPLY:
(3) A proposed project in a salt marsh, on lands within 100 feet of a salt marsh, or in a body of water
adjacent to a salt marsh shall not destroy any portion of the salt marsh and shall not have an adverse
effect on the productivity of the salt marsh. Alterations in growth, distribution and composition of salt
marsh vegetation shall be considered in evaluating adverse effects on productivity. 310 CMR 10.32(3)
shall not be construed to prohibit the harvesting of salt hay.
• N/A
(4) Notwithstanding the provisions of 310 CMR 10.32(3), a small project within a salt marsh, such as
an elevated walkway or other structure which has no adverse effects other than blocking sunlight
from the underlying vegetation for a portion of each day, may be permitted if such a project complies
with all other applicable requirements of 310 CMR 10.21 through 10.37.
• N/A
(5) Notwithstanding the provisions of 310 CMR 10.32(3), a project which will restore or rehabilitate a
salt marsh, or create a salt marsh, may be permitted in accordance with 310 CMR 10.11 through 10.14,
10.24(8), and/or 10.53(4).
• N/A
(6) Notwithstanding the provisions of 310 CMR 10.32(3) through (5), no project may be permitted
which will have any adverse effect on specified habitat sites of Rare Species, as identified by
procedures established under 310 CMR 10.37.
• N/A
Land Subject to Coastal Storm Flowage
The MA DEP Wetland Regulations set forth in 310 CMR 10.00 contain no performance standards for
work within LSCSF.
C18614.00: Notice of Intent Application Assembly Required LLC, 120 East Bay Road, Osterville
Page 5 of 9
10.55: Bordering Vegetated Wetlands (Wet Meadows, Marshes, Swamps and Bogs)
(4) General Performance Standards
(a) Where the presumption set forth in 310 CMR 10.55(3) is not overcome, any proposed work
in a Bordering Vegetated Wetland shall not destroy or otherwise impair any portion of said
area.
(b) Notwithstanding the provisions of 310 CMR 10.55(4)(a), the issuing authority may issue an
Order of Conditions permitting work which results in the loss of up to 5000 square feet of
Bordering Vegetated Wetland when said area is replaced in accordance with the following
general conditions and any additional, specific conditions the issuing authority deems
necessary to ensure that the replacement area will function in a manner similar to the area
that will be lost:
• No work is proposed within the vegetated wetlands
1. the surface of the replacement area to be created ("the replacement area") shall be
equal to that of the area that will be lost ("the lost area");
2. the ground water and surface elevation of the replacement area shall be
approximately equal to that of the lost area;
3. The overall horizontal configuration and location of the replacement area with
respect to the bank shall be similar to that of the lost area;
4. the replacement area shall have an unrestricted hydraulic connection to the same
water body or waterway associated with the lost area;
5. the replacement area shall be located within the same general area of the water
body or reach of the waterway as the lost area;
6. at least 75% of the surface of the replacement area shall be reestablished with
indigenous wetland plant species within two growing seasons, and prior to said
vegetative reestablishment any exposed soil in the replacement area shall be
temporarily stabilized to prevent erosion in accordance with standard U.S. Soil
Conservation Service
methods; and
7. the replacement area shall be provided in a manner which is consistent with all
other General Performance Standards for each resource area in Part III of 310 CMR
10.00. In the exercise of this discretion, the issuing authority shall consider the
magnitude of the alteration and the significance of the project site to the interests
identified in M.G.L. c. 131, § 40, the extent to which adverse impacts can be avoided,
the extent to which adverse impacts are minimized, and the extent to which mitigation
measures, including replication or restoration, are provided to contribute to the
protection of the interests identified in M.G.L. c. 131, § 40.
C18614.00: Notice of Intent Application Assembly Required LLC, 120 East Bay Road, Osterville
Page 6 of 9
(c) Notwithstanding the provisions of 310 CMR 10.55(4)(a), the issuing authority may issue an
Order of Conditions permitting work which results in the loss of a portion of Bordering
Vegetated Wetland when;
1. said portion has a surface area less than 500 square feet;
2. said portion extends in a distinct linear configuration ("finger-like") into adjacent
uplands; and Other Protected Resource Areas
3. in the judgment of the issuing authority it is not reasonable to scale down, redesign
or otherwise change the proposed work so that it could be completed without loss of
said wetland.
(d) Notwithstanding the provisions of 310 CMR 10.55(4)(a),(b) and (c), no
project may be permitted which will have any adverse effect on specified
habitat sites of rare vertebrate or invertebrate species, as identified by
procedures established under 310 CMR 10.59.
(e) Any proposed work shall not destroy or otherwise impair any portion of a
Bordering Vegetated Wetland that is within an Area of Critical Environmental
Concern designated by the Secretary of Energy and Environmental Affairs
under M.G.L. c. 21A, § 2(7) and 301 CMR 12.00: Areas of Critical Environmental
Concern. 310 CMR 10.55(4)(e):
1. supersedes the provisions of 310 CMR 10.55(4)(b) and (c);
2. shall not apply if the presumption set forth at 310 CMR 10.55(3) is
overcome;
3. shall not apply to work proposed under 310 CMR 10.53(3)(l); and
4. shall not apply to maintenance of stormwater detention, retention, or
sedimentation ponds, or to maintenance of stormwater energy dissipating
structures, that have been constructed in accordance with a valid order of
conditions.
Barnstable Wetlands Protection
Barnstable Guidelines for Activities in Land Subject to Coastal Storm Flowage (LSCSF)
2. V Zone and Coastal A Zone Guidelines:
A. Any proposed activity should not:
1. Adversely impact the ability of the V Zone and Coastal A Zone to absorb or
dampen wave impacts by reducing native vegetation and pervious areas.
• No activities are taking place within the V Zone.
2. Reduce the ability of the V Zone and Coastal A Zone to buffer more inland areas
from flooding and wave damage.
C18614.00: Notice of Intent Application Assembly Required LLC, 120 East Bay Road, Osterville
Page 7 of 9
• No activities are taking place within the V Zone.
3. Displace or divert flood waters to other areas by building coastal engineering
structures such as retaining walls, permanent earthen berms, bulkheads, and
revetments; except as allowed by state law for parcels with residential buildings
constructed prior to August 10, 1978.
• No coastal engineering structure is proposed with this application.
4. Cause or create the likelihood of damage by debris to other structures on land
within the flood zone.
• No installation of structures is proposed, within the flood zone, therefore eliminating
potential debris.
5. Cause ground or surface pollution triggered by coastal storm flowage.
• No ground or surface pollution by coastal storm flowage will from the proposed
activities.
6. Negate best management practices implemented for uses already permitted under
Commission regulations such as Ch. 703 private docks & piers and Ch. 704 activity
in the 100 ft. buffer zone.
• N/A
7. Adversely impact areas that could be suitable for the inland migration of salt
marshes as sea levels continue to rise.
• No installation of structures or modifications to the land form will occur.
B. These guidelines should not be construed to preclude the following activities, any of which
may be permitted in the V Zone or Coastal A Zone at the Commission’s discretion:
1. Sacrificial sand dunes that allow for the littoral drift of sediment along the shore
and other soft bio-engineering solutions for lessening coastal erosion from storm
events.
• N/A
2. Access paths and elevated boardwalks.
• No change.
3. Maintenance activities such as vista pruning; invasive species control;
repair/replacement of subsurface septic disposal systems; removal of
underground fuel tanks or 21e cleanup.
• N/A
C18614.00: Notice of Intent Application Assembly Required LLC, 120 East Bay Road, Osterville
Page 8 of 9
4. Projects undertaken by a governmental agency that can be demonstrated to
provide an overriding public benefit such as the area-wide improvement of water
quality or the reduction of ground or surface water pollution.
• N/A
5. The construction of water dependent facilities as defined in Ch. 704-2(F).
• N/A
6. The building or rebuilding of residential living space provided that it is constructed
above mean flood elevation, allowing for flood waters to flow unimpeded below;
and subject to the state building code as enforced by the Building Commissioner.
• N/A
Construction Protocol
Prior to the Start of Construction:
Prior to the start of any work there will be an on-site meeting to review the Order of Conditions and
satisfy the Commission and Conservation Agent. Construction start date to occur upon completion of all
pre-construction requirements outlined in the specifications and Order of Conditions, as well as any pre-
construction requirements outlined during the pre-construction meeting.
On-Site Meeting:
Prior to start of construction a meeting will occur to discuss access and general means of construction
with the following individuals represented:
Coastal Engineering Company, Inc.- Civil Engineer
General Contractor
Site Work and Utility Contractor
Barnstable Conservation Commission Representative
To be discussed during this meeting:
Limit of work and erosion control
Construction sequencing and schedule
Necessary post-construction reparations and conditions.
Procedure for post-construction inspection.
Project Contacts
Order of Conditions
During the pre-construction conference, the Engineer and Conservation Agent shall inspect the erosion
and sedimentation barrier. Any deficiencies shall be addressed prior to the commencement of the site
work and building construction.
Pre-Construction Requirements to be Met by Contractor:
Proof and Certification of Insurance Coverage
Waiver, Release and Indemnification
Posting of DEP sign
C18614.00: Notice of Intent Application Assembly Required LLC, 120 East Bay Road, Osterville
Page 9 of 9
Pre-Construction Requirements to be Met by Owner:
Pre-construction photographs of the access, staging area, and project locus.
Access & Staging:
The access to the work area will be on the southwest portion of the lot. Contractors and all heavy
machinery will be confined to the limit of work specified on plan.
Equipment:
During the course of construction, the following equipment is anticipated:
Excavator for demolition and excavation.
Generator for power tools.
Miscellaneous hand tools.
Work Completion:
Upon completion of the construction, all disturbed surfaces along the access route to be re-contoured
to pre-construction conditions.
The Contractor is to notify the Engineer for a meeting with the parties taking part in the pre-construction
meeting, prior to removal of equipment. Deficiencies will be identified to the Contractor on re-contouring
requirements, and re-vegetation, which will be performed under the direction of the Engineer.
Post Construction Photographs:
The Town/Architect shall supply the Conservation Commission with post-construction photographs of
the access and staging area, and the project locus, as well as the final vegetation plantings.
Summary and Recommendations
This project has been designed to have no adverse effects on the wetlands resource areas or wildlife
habitats. Each performance standard under the State and Local regulations has been addressed. As the
project will be a clear improvement over the existing condition, we feel that a variance for work within
the No Disturb Zone can be administered.
The information provided adequately describes the project and the design considerations taken to
prevent adverse impacts to the wetland resource areas. We, therefore, believe that the project can be
conditioned for approval and look forward to presenting the project before the Commission.
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:
120 East Bay Road
a. Street Address
Barnstable
b. City/Town
858
c. Check number
$152.50
d. Fee amount
2. Applicant Mailing Address:
c/o Paul Mccoy Family Office Services
a. First Name
b. Last Name
Assembly Required LLC
c. Organization
31 St. James Street, Suite 740
d. Mailing Address
Boston
e. City/Town
MA
f. State
02116
g. Zip Code
h. Phone Number
i. Fax Number
j. Email Address
3. Property Owner (if different):
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 1a (work on single-family lot)
3
$110.00
$330.00
Step 5/Total Project Fee: $330.00
Step 6/Fee Payments:
Total Project Fee: $330.00
a. Total Fee from Step 5
State share of filing Fee: $152.50
b. 1/2 Total Fee less $12.50
City/Town share of filling Fee: $177.50
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: Assembly Required LLC, 120 East Bay Road, Osterville
Driving Directions
From: 230 South St, Hyannis, MA 02601
To: 120 East Bay Road, Osterville
1. Head west toward Main St, 52 ft
2. Turn right toward Main St, 482 ft
3. Turn left onto Main St, 0.7 mi
4. At the traffic circle, take the 3rd exit onto W Main St, 1.3 mi
5. Turn left onto Pine St, 0.9 mi
6. Slight left onto S Main St, 2.8 mi
7. Turn left onto E Bay Rd
8. Destination will be on the left, 0.3 mi
C18614.00/SMR
AFFIDAVIT OF SERVICE
Massachusetts Wetlands Protection Act
M.G.L., CH 131, Sec. 40
I, Carla A. Davis, of Coastal Engineering Co., Inc. hereby certify under the pains and penalties of perjury
that on May 9, 2023, I sent notification to abutters in compliance with the second paragraph of
Massachusetts General Laws Chapter 131 Section 40 and the Department of Environmental Protection’s
Guide to Abutter Notification dated April 8, 1994 in connection with the following matter:
A Notice of Intent was filed under the Massachusetts Wetlands Protection Act and the Town Wetlands
Protection By-law, by Assembly Required LLC, with the Barnstable Conservation Commission on May 9,
2023 for property located at 120 East Bay Road, Map 140 Parcel 163 in Osterville, MA. The project is for
the Proposed Site Improvements to include stairway, landing and walkway reconfiguration for code
compliance, and after-the-fact approval for shed installation, deck addition and proposed mitigation
planting.
The form of the notification and a list of the abutters to whom the notice was given and their addresses
are attached to this Affidavit of Service.
Sincerely,
COASTAL ENGINEERING CO., INC.
Carla A. Davis
Enclosures: as stated
cc: Mass. DEP/SERO – Wetlands
Barnstable Conservation Commission
Assembly Required LLC
Sean M. Riley, Project Manager
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)
05/09/2023
Assembly Required LLC
120 East Bay Road
Osterville, MA
140 163
Sean M. Riley, P.E., Coastal Engineering Co., Inc.
260 Cranberry Highway
Orleans, MA 02653
6:30
Proposed Site Improvements: Stairway, landing and walkway reconfiguration
for code compliance, and after-the fact approval for shed installation,
deck expansion and proposed mitigation plantings
05 23 2023
Conservation Notice of Intent (NOI) Abutter List for Subject Parcel 140163
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
140160001 POD HOUSE LLC 16 DOUGLASS GREEN WOBURN 01801MA
140161 BELLANCA, ANTONIA TR ANTONIA BELLANCA FAMILY
TRUST
121 EAST BAY ROAD OSTERVILLE 02655MA
140162 BRAJCZEWSKI, DAVID & JANE 99 EAST BAY RD OSTERVILLE 02655MA
140163 ASSEMBLY REQUIRED LLC C/O PAUL MCCOY FAMILY OFFICE
SERVICES
31 ST. JAMES AVE, STE
740
BOSTON 02116MA
140164 EVANS, RICHARD H & BLYTHE O,
TRS
RICHARD H EVANS & BLYTHE O
EVANS TRUST
255 MASSACHUSETTS
AVE APT 518
BOSTON 02115MA
141104004 ASSEMBLY REQUIRED LLC C/O PAUL MCCOY FAMILY OFFICE
SERVICES
31 ST. JAMES AVE, STE
740
BOSTON 02116MA
141107 BARNSTABLE LAND TRUST INC 1540 MAIN STREET WEST BARNSTABLE 02668MA
141123001 ASSEMBLY REQUIRED LLC C/O PAUL MCCOY FAMILY OFFICE
SERVICES
31 ST. JAMES AVE, STE
740
BOSTON 02116MA
4/7/2023 1:46 PMReport Generated On:Page 1 of 1 8Total 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.
3,000.00
Conservation Notice of Intent (NOI) Abutter Map for Subject Parcel 140163
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.
125
Town of Barnstable
GIS Unit
250
4/7/2023
gis@town.barnstable.ma.us
Printed on:
0
ft.250
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
(C) Copyright 2016, Trimble Navigation Limited, OpenStreetMap contributors
0° 23' 60.0000" W
0° 23' 60.0000" W
070° 22' 60.0000" W
070° 22' 60.0000" W
070° 21' 60.0000" W
070° 21' 60.0000" W041° 3041° 3041° 37' 60.0000" N041° 37' 60.0000" N041° 36' 60.0000" N041° 36' 60.0000" NSCALE 1:24000
0 1
Mile
0 1000 2000
Yards
0 1 2
Kilometers
Declination
MN 14.50° WGN 0.91° W
MN GN
Map Name: COTUIT
Print Date: 03/15/23
Scale: 1 inch = 2,000 ft.
Map Center: 041° 37' 30.8601" N, 070° 22' 38.3788" W
Horizontal Datum: NAD27
C18614.06/Assesmbly Required LLC
120 East Bay Road, Osterville, MA
Map 140, Parcel 163
F:\SDSKPROJ\C18000\C18614\C18614-00\C18614-CONSTRUCTION-DAP.dwg May 09, 2023 - 9:55amDRAWN BY
CHECKED BY
PROJECT NO.Coastal Engineering Co., Inc. c 2023 OF SHEETSPROJECTSCALE
DATE
DRAWING FILE SHEET TITLEDATESEAL NO.REVISIONBYASSEMBLY REQUIRED LLC120 EAST BAY ROADOSTERVILLE, MAC18614.00SKETCH PLAN SHOWINGEXISTING SHED, DECK, & STAIRS1 1
AS NOTED
05-09-2023
C18614-CONSTRUCTION.dwg
DAP / WGM
SMR