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Home My WebLink About05232023_NOI no plan_Torbay_70 Ocean Ave_vMME5.9.23Marsh Matters Environmental P.O. Box 554 Forestdale, MA 02644 978.434.1228 Mike.Ball@MarshMattersEnvironmental.com ______________________________________________________________________________________ MME www.marshmattersenv.com Torbay Project – 70 Ocean Avenue, Hyannisport May 9, 2023 Mr. F. P. Thomas Lee, Chairman Barnstable Conservation Commission c/o the Town of Barnstable Regulatory Division / Conservation 230 South Street Hyannis , MA 02601 RE: NOI / WPA Form 3 – Proposed Pool, Garage, and Landscaping 70 Ocean Avenue, Hyannisport (Map 288 / Parcels 182-004 and 182-005) Applicant/Owner: GEORGE TORBAY Dear Chairman Lee and Barnstable Conservation Commissioners, On behalf the applicant, George Torbay, Marsh Matters Environmental (MME) submits the enclosed Notice of Intent (NOI)(WPA Form 3) with supporting site plan set, landscape design and mitigation planting plan, architectural drawings, project narrative, existing conditions photographs, and administrative documents proposing an in-ground pool, garage, and landscaping amenities at 70 Ocean Avenue in Hyannisport (the Site). A detailed project narrative is enclosed for your review. The on-site sewage disposal system will also be replaced, but the primary system components are outside of Riverfront Area and the Coastal Bank buffer zone. MME submits this NOI pursuant to the Massachusetts Wetlands Protection Act (“MWPA”)(M.G.L. Ch. 131 §40), the Massachusetts Rivers Protection Act (Chap. 258 of the Acts of 1996), and the Town of Barnstable Wetlands Protection Bylaw (Ch. 237), and in accordance with the implementing MWPA Regulations (310 CMR 10.00) and the town’s Regulation Governing Minimum Submission Requirements for a Notice of Intent Application. MME attests that it will notify property abutters of this application and of the May 23, 2023, public hearing in accordance with state and local requirements. The town portion of the $275 filing fee and the $200 local wetland bylaw fee are enclosed, and the legal advertisement fee (amount TBD) will be paid on or by the date of the hearing. Directions to the Site are provided on the reverse of this letter and property access by Commission members is authorized. Please do not hesitate to contact MME by email at Mike.Ball@MarshMattersEnvironmental.com, or by phone at 978.434.1228 (mobile/office), or should you require any additional information from MME, or should you like to meet at the project site in advance of the public hearing. Sincerely, D. Michael Ball, Sr. Wetland Scientist / Regulatory Compliance Consultant Marsh Matters Environmental Enclosures CC: MassDEP SERO George Torbay Engineering Works, Inc. Marsh Matter Environmental NOI 5.9.2023 MME www.marshmattersenv.com Mike.Ball@MarshMattersEnvironmental.com DIRECTIONS TO SITE: FROM THE INTERSECTION OF MAIN STREET AND SEA STREET IN HYANNIS CENTER, HEAD SOUTH ON SEA STREET TOWARDS KEYES MEMORIAL BEACH. MERGE ONTO OCEAN AVENUE AND FOLLOW OVER THE STEWART’S CREEK BRIDGE. THE NEXT DRIVEWAY ON THE RIGHT IS 70 OCEAN AVENUE. 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): 70 OCEAN AVENUE a. Street Address HYANNIS b. City/Town 02601 c. Zip Code Latitude and Longitude: 41.636099 d. Latitude -70.295868 e. Longitude 288 f. Assessors Map/Plat Number 182-005 / 182-004 g. Parcel /Lot Number 2. Applicant: GEORGE a. First Name TORBAY b. Last Name c. Organization 339 HOWARD STREET d. Street Address NORTHBOROUGH e. City/Town MA f. State 01532 g. Zip Code 714-931-9146 h. Phone Number i. Fax Number GTORBS@YAHOO.COM j. Email Address 3. Property owner (required if different from applicant): Check if more than one owner SAME a. First Name b. Last Name c. Organization d. Street Address e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number j. Email address 4. Representative (if any): D. MICHAEL a. First Name BALL b. Last Name MARSH MATTERS ENVIRONMENTAL c. Company P.O. BOX 554 d. Street Address FORESTDALE e. City/Town MA f. State 02644-0554 g. Zip Code 978.434.1228 h. Phone Number i. Fax Number Mike.Ball@MarshMattersEnvironmental.com j. Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $275.00 a. Total Fee Paid $125.00 b. State Fee Paid $150.00 c. City/Town Fee Paid wpaform3.doc • rev. 6/18/2020 Page 2 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number BARNSTABLE City/Town A. General Information (continued) 6. General Project Description: POOL AND GARAGE CONSTRUCTION WITH LANDSCAPE IMPROVEMENTS 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 C230939 b. Certificate # (if registered land) c. Book 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 STEWARTS CREEK (COASTAL / TIDAL) 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: 32,131 square feet 4. Proposed alteration of the Riverfront Area: 862 a. total square feet 0 b. square feet within 100 ft. 862 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 as viewed 5.3.23 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. PROPOSED SEPTIC SYSTEM / SITE PLAN a. Plan Title ENGINEERING WORKS, INC. b. Prepared By P. MCENTEE, P.E. c. Signed and Stamped by 5/5/2023 d. Final Revision Date 1" = 40' e. Scale LANDSCAPE PLAN "TORBAY RESIDENCE" by LPLD, LLC f. Additional Plan or Document Title 5.8.2023 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: 985 2. Municipal Check Number 5.9.2023 3. Check date 984 4. State Check Number 5.9.2023 5. Check date D.M.BALL / MME 6. Payor name on check: First Name 7. Payor name on check: Last Name MARSH MATTERS ENVIRONMENTAL Prepared for: George Torbay Northborough, Massachusetts Notice of Intent Project Narrative 70 Ocean Avenue, Hyannisport (Barnstable), Massachusetts vMME_9 MAY 2023 MARSH MATTERS ENVIRONMENTAL Notice of Intent PROJECT NARRATIVE May 2023 Contents 1.0 Existing Conditions 2.0 Proposed Project Description 3.0 Regulatory Compliance MARSH MATTERS ENVIRONMENTAL Notice of Intent PROJECT NARRATIVE May 2023 1.0 Existing Conditions GEOGRAPHICAL SETTING: The applicant’s property (Assessor’s reference Map 288, Parcels 182-004 and 182-005)(the “Site”) is a 1.74-acre residential lot on Ocean Avenue in Hyannisport adjacent to the southernmost portion of the Stewart’s Creek estuary (Figure 2). The applicant purchased the property in 2022. EXISTING HOUSE: The original house on the property was constructed in 1916. The existing house, rebuilt in 1984, is a two-story, nine-room house of approximately 4,288 sf (living area according to the property record card). The applicant purchased the property last year. Exterior features/structures include a storage shed, patio, concrete pad seating area, brick walkway, gazebo, and outdoor fireplace/kitchen. WETLAND RESOURCE AREAS: Associated with Stewart’s Creek, the lower/southern portions of which are tidally influenced, are Resource Areas including Riverfront Area (310 CMR 10.58), Bordering Vegetated Wetland (BVW)(310 CMR 10.55), Salt Marsh (310 CMR 10.32), Coastal Bank (310 CMR 10.30)(both locally and DEP Policy-determined), and Land Subject to Coastal Storm Flowage (310 CMR 10.04). These Resource Areas extend onto, or have jurisdictional buffer zones that extend onto, the Site. The landward limit of Riverfront Area extends for two-hundred horizontal feet and reaches into the footprint of the existing house. Approximately 32,131 sf of property area (approximately 42%) is located within Riverfront Area, most of which is outer riparian zone (100-200 ft from mean high-water portion). Nearly the entire inner riparian zone (0-100 ft from mean high water) is naturally vegetated wetland and upland area. The one-hundred-foot wide Coastal Bank buffer zone extends furthest into the Site and this buffer zone and the Riverfront Area boundary together define the landward limit of Conservation Commission jurisdiction. DEGREE OF LAND DISTURBANCE: Most of the property is altered from long-existing, residence development-associated activities (i.e., home construction, landscaping). Nearly the entire inner portion of the Riverfront Area (zero to one-hundred feet from the river’s mean high-water mark) is naturally vegetated wetland and upland area. The entire inner portion of the BVW buffer zone (zero to fifty feet from the wetland boundary) naturally vegetated upland area. FLOODZONE(S): The nearest Zone AE floodzones (El. 11 and El. 13)(Land Subject to Coastal Storm Flowage – 310 CMR 10.04) is located to the north and east of the house (FIRM No. 25001C0568J)(Figure 6). LAND ELEVATIONS: Maximum land elevation change on the property is approximately 14 feet extending from elevation 10 feet in the northwest corner of the property to 24 feet (NAVD88) in central property areas where the house is. RARE SPECIES HABITAT: The NHESP maps no Priority Habitat of Rare Species or Estimated Habitats of Rare Wildlife on or near the property. MARSH MATTERS ENVIRONMENTAL Notice of Intent PROJECT NARRATIVE May 2023 Wetland Resource Area(s) Determination Methods In advance of MME’s on-site observations, MME performed a desk-top review of available mapping resources and any documents that may have been provided by the applicant and project land surveyor as background material. MME reviewed all or some of the following data sources. Certain maps were used to produce a set of site locus figures, which are part of the NOI attachments. • Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps. • United States Geological Survey Topographic Quadrangle. • MassGIS MassDEP Wetland and Hydrography data layers. • MassGIS Natural Heritage Atlas data layers. • Google Earth Aerial photography. • United States Department of Agriculture, Natural Resources Conservation Service (USDA-NRCS) Web Soil Survey; and, • Mapping data layers provided by the subject municipality’s website (if available). MME performs WRA identification and delineations in substantial accordance with the following publications: the Massachusetts Wetlands Protection Act and the implementing MWPA regulations (310 CMR 10.00 et seq.); Section 404 of the Clean Water Act (33 U.S.C. 1344); the Massachusetts Department of Environmental Protection (MassDEP) publication Massachusetts Handbook for Delineation of Bordering Vegetated Wetlands (2022); and the U.S. Army Corp of Engineers (USACE) Wetland Delineation Manual (1987). When performing WRA identification and delineations, MME uses a methodology involving consideration of (1) plant community compositions and transitions between plant communities, (2) observed topographic changes in the landscape, (3) indicators of wetland hydrology, including evidence of extent of standing or flowing water in nearby waterbody or waterway, (4) the presence/absence of certain sub- surface soil morphological indicators (i.e., redoximorphic features) that confirm the presence, or absence, and approximate elevation of groundwater in the soil profile (relative to the ground surface) during a portion of the growing season, and (5) any evident land alterations. MME marks WRA boundaries with numbered tape flagging, or stakes, and typically collects a set of photographs that document on-site conditions on the day(s) of fieldwork. Entrance onto abutting property is usually incidental and often necessary in order to complete fieldwork and MME assumes that this entry, as well as establishment of wetland boundary flagging, has either been pre-approved, or is otherwise acceptable by the subject property owner and/or property abutters. For wetland indicator status ratings for vascular plants, MME refers to the National Wetland Plant List for the Northcentral and Northeast Regions administered by the U.S. Army Corps of Engineers (2017 updated version). For hydric / non-hydric soil profile determinations, MME consults Field Indicators for Identifying Hydric Soils in New England (Version 4, 2017). When noting the presence of invasive and potentially invasive plant species, MME uses plant status designations provided by the Massachusetts Invasive Plant Advisory Group (MIPAG). MARSH MATTERS ENVIRONMENTAL Notice of Intent PROJECT NARRATIVE May 2023 MME typically completes at least one set of Bordering Vegetated Wetland Determination Forms when a Bordering Vegetated Wetland is delineated and/or if MME believes that this type of detailed documentation is necessary. One or more sets of these data forms may accompany this narrative / NOI and the information on the forms should be considered representative of plant community and soil profile conditions along the length of wetland boundary. Preparation of the attached site locus figures was part of MME’s desk-top review of the Site prior to observing site conditions. For determining the landward extent of Riverfront Area, in accordance with 310 CMR 10.58(2)(a)(2), if the project engineer is not identifying the mean high water (MHW) or the mean annual high-water (MAHW) mark/elevation, the MME identifies MHW/MAHW by identifying visible markings or changes in the character of soils or vegetation due to the prolonged presence of water. These markings distinguish between predominantly aquatic and predominantly terrestrial land. For tidal rivers, in the absence of reliable tidal flood elevation information, MME typically determines the approximate MHW mark using topographic clues and, in certain instances, the observed landward extent of Spartina alterniflora growth. 2.0 Proposed Project As illustrated by the proposed project site plan set, the proposed project includes construction of an in- ground pool, patio, garage, and reconfigured pea stone parking area with addition of landscaping amenities. The on-site sewage disposal system will also be replaced, but the septic tank and soil absorption system are both proposed outside of Conservation Commission jurisdiction. Please refer to Mitigation Calculations sheets 1 and 2 of the plan set (NOI Attachment 1), which provides project area quantities for both Coastal Bank buffer zone and Riverfront Area. Pool and Patio The proposed pool dimensions are 18 ft by 40 ft with a hardscape patio between the pool and house with dimensions 12 ft by 40 ft. A spa with dimensions 8 ft by 10 ft is part of the pool footprint. The pool and patio footprint total area is 1,228 sf. The project area is an existing lawn area abutting the east end of the house. A fenced-in outdoor cooking area consisting of a stone fireplace/oven located partially within the pool footprint will be entirely removed (see Photo 1, Attachment 2). Details of the pool design and construction are provided in NOI Attachment 1. Because an Auto Cover will be installed, no pool security fencing is necessary. As no buried leaching or infiltration basin is proposed, should the pool require any emergency or maintenance drainage, all water will be removed by a pump truck. One pitch pine (Pinus rigida), which is located close to the northeast corner of the pool footprint will be removed (see Photo 4). Garage and Parking Area The proposed garage dimensions are 24 ft by 40 ft and the structure will be located in an existing, level lawn area west of the house (see Photo 2). The three-bay garage will contain a small apartment on its second floor. Please refer to the design drawing prepared by SDP Architects provided in NOI Attachment 2. The existing gravel driveway will be enlarged and will be resurfaced with pea stone. The enlargement will displace 266 sf of existing lawn area in the outer portion of the Coastal Bank buffer zone. Any existing lawn areas disturbed during project activities will be repaired. No new lawn area is proposed. MARSH MATTERS ENVIRONMENTAL Notice of Intent PROJECT NARRATIVE May 2023 Landscaping Please refer to the landscaping plan in NOI Attachment 1 which provides an illustration of foundation and walkway-adjacent plantings. Structure / Feature Removals Several structures and landscape features will be removed as part of the project. These include the gazebo, the outdoor cooking/fireplace area and fence, the paved area in the front yard, the storage shed, and the brick walkway behind the house. The area quantity of each of these features has been worked into the mitigation calculations. Impact Mitigation The project landscape plan also provides the proposed mitigation planting plan to compensate for the project’s net increase in structure and hardscape in the outer portions of the BVW and Coastal Bank buffer zones. EWI calculated the total amount of mitigation area to be provided to be 5,322 sf in order to comply with Barnstable’s Chapter 704 requirements (§704-3 Performance Standards for Projects Requiring a Notice of Intent). In addition to native trees and shrubs, the mitigation area design incorporates “pollinator pockets.” The mitigation area, which will displace existing lawn, is located entirely within the Coastal Bank buffer zone and the Riverfront Area. Septic System Replacement The on-site sewage disposal system will be replaced with a new Title V-compliant system. The new septic tank and the soil absorption system will be located in the front yard of the house and outside of Conservation Commission jurisdiction. The system will serve the new living space above the garage. The existing cesspool will be pumped, filled, and abandoned in place. No variance from Title V or local regulations is proposed and, therefore, the septic system design will not be subject to a formal Board of Health review. Please refer to EWI’s design sheet 3 for system details. Erosion Control / Work Limit An erosion control barrier (“ECB”) consisting of continuous, staked siltation fence and/or staked straw wattles will define the limit of work. The ECB will be installed prior to use of excavation equipment. All excavated soil material will be removed from the site for disposal, or off-site reuse. Any temporary storage of soil materials during construction will be in a location inside the ECB. Additional conditions specific to enhanced erosion control and resource area protection that the BCC may include in the permit are anticipated and can be incorporated upon MME and contractor review. 3.0 Regulatory Compliance The intent of this project narrative is to describe existing conditions, explain proposed project elements, and demonstrate that the proposed project will substantially meet the applicable performance standards for wetland resource areas present nearest the proposed limits of work and, therefore, serve or contribute to the interests of the Massachusetts Wetlands Protection Act (M.G.L. c.131 §40), the Massachusetts Rivers Protection Act (Chapter 258 of the Acts of 1996), and the Barnstable Wetlands Protection Bylaw (Chapter 237). The interests to be served include protection of public and private water supply, protection of groundwater supply, flood control, storm damage MARSH MATTERS ENVIRONMENTAL Notice of Intent PROJECT NARRATIVE May 2023 prevention, prevention of pollution, protection of land containing shellfish, protection of fisheries, and protection of wildlife habitat. The local bylaw describes wetland-associated “values and functions” to be protected to include public or private water supply, groundwater, storm damage prevention, flood control, erosion and sedimentation control, prevention of water pollution, wildlife habitat, shellfish, fisheries, recreation, aesthetics, agricultural and aquacultural values, and historical values. With respect to the protection of these interests and values, it is important to note that all project activities will occur on lawn or otherwise previously long-existing altered area on the property. The project will actually remove lawn area and convert that area to native plant-vegetated impact mitigation area containing trees, shrubs, and herbaceous vegetation. The only resource area in which work will occur is Riverfront Area, specifically the outer one-hundred feet of Riverfront Area. The inner one-hundred-foot zone of the Riverfront Area will maintain full vegetative coverage. With the removal of several existing features in the landscape, there will only be a net increase of 862 sf of impervious surface in the outer portion of the Riverfront Area. However, with the addition of a 5,322-sf mitigation area within the Riverfront Area, there will be a net increase in native vegetation coverage in the Riverfront Area. MME believes that this will provide an overall improvement to Riverfront Area conditions. With respect to project location alternatives, MME believes that there is no practicable and substantially equivalent economic alternative to the project, as proposed, that will have less adverse effect on the MWPA interests and meet the applicant’s goals. The project footprint has been kept within existing previously altered areas (lawn) and is a relatively small area of total riverfront area on the property. As this project is single-family home-associated and the Site is a lot that was recorded on or before August 1, 1996, the area under consideration for practicable alternatives is limited to this property. Due to the configuration of the property, the location of the existing structure, and proximity to the naturally vegetated Coastal Bank and bank buffer zone, the level area on the east side of the house is the only suitable location for a pool and small adjacent patio area. For the pool to be located entirely outside of Riverfront Area, the location would need to be in the front yard or in the location of the existing driveway. Both options are neither practical nor preferred. Coastal Bank is located to the north and east of the house and this landform is a fully vegetated and stable resource area. This Coastal Bank is not a dune or beach sediment source. No work is proposed on the Coastal Bank, but work is proposed in the Coastal Bank buffer zone. No aspect of the project in the buffer zone will result in conditions that will prevent or reduce the ability of the Coastal Bank to perform its important storm damage prevention and flood control functions. In order to comply with Barnstable’s Chapter 704 mitigation requirements, a 5,322-sf mitigation area is provided. Please see Mitigation Calculations Sheet No. 1 providing a breakdown of existing and proposed project areas. MME believes that this project is eligible for an Order of Conditions approving the project, as the applicable resource area performance standards are met and the proposed work within the Riverfront Area and the Coastal Bank buffer zone will contribute to the protection of the Massachusetts Wetlands Protection Act, the Rivers Protection Act, and the Chapter 237 interests and values. MMEnvironmental MARSH MATTERS ENVIRONMENTAL Attachment 2 Site Locus Figures Existing Conditions Photographs FIGURE 1 – PROPOSED PROJECT ELEMENTS SUMMARY 70 OCEAN AVENUE, HYANNISPORT (BARNSTABLE), MASSACHUSETTS MARSH MATTERS ENVIRONMENTAL REMOVE THESE 3 FEATURES REMOVE THIS PITCH PINE CONSTRUCT GARAGE RECONFIGURE PARKING AREA CONSTRUCT NEW ENTRY CONSTRUCT POOL + PATIO NEW SOIL ABSORPTION SYTEMS 5322 SF MITIGATION AREA PROVIDED FIGURE 2 – USGS TOPOGRAPHIC QUAD SITE LOCUS MAP 70 OCEAN AVENUE, HYANNISPORT (BARNSTABLE), MASSACHUSETTS MARSH MATTERS ENVIRONMENTAL Project Location FIGURE 3 – AERIAL PHOTO 70 OCEAN AVENUE, HYANNISPORT (BARNSTABLE), MASSACHUSETTS MARSH MATTERS ENVIRONMENTAL FIGURE 4 – Barnstable GIS Map 70 OCEAN AVENUE, HYANNISPORT (BARNSTABLE), MASSACHUSETTS MARSH MATTERS ENVIRONMENTAL Project Location FIGURE 5 – MassGIS Site Locus Map 70 OCEAN AVENUE, HYANNISPORT (BARNSTABLE), MASSACHUSETTS MARSH MATTERS ENVIRONMENTAL Project Site FIGURE 6 – FEMA Flood Insurance Rate Map 70 OCEAN AVENUE, HYANNISPORT (BARNSTABLE), MASSACHUSETTS MARSH MATTERS ENVIRONMENTAL Property Location FEMA FIRM NO. 25001C0568J FIGURE 7 – MassDEP Mouth of River Map 70 OCEAN AVENUE, HYANNISPORT (BARNSTABLE), MASSACHUSETTS MARSH MATTERS ENVIRONMENTAL Property Location Source: Barnstable – Stewart’s Creek – MOR 10 MMEnvironmental PHOTOGRAPH LOG Project / Client: TORBAY Location: 70 OCEAN AVENUE, HYANNISPORT Project No. Photo No. 1 Date: 1.26.2023 Photo Aspect: NORTH Description: POOL AND PATIO PROJECT AREA Photo No. 2 Date: 5.2.2023 Photo Aspect: NORTH Description: LOCATION OF PROPOSED GARAGE PROPOSED POOL AND PATIO AREA 792 SF THIS STRUCTURE TO BE REMOVED THIS PITCH PINE TO BE REMOVED PROPOSED GARAGE / APT. 40 FT x 24 FT FOOTPRINT MMEnvironmental Photo No. 4 Date: 5.3.2023 Photo Aspect: SOUTH Description: NORTHERN END OF PROPOSED MITIGATION AREA PHOTOGRAPH LOG Project / Client: TORBAY Location: 70 OCEAN AVENUE, HYANNISPORT Project No. Photo No. 3 Date: 5.3.2023 Photo Aspect: SOUTH Description: SOUTHERN END OF PROPOSED MITIGATION AREA THIS PITCH PINE TO BE REMOVED LAWN AREA ABUTTING NATURALLY VEGETATED BUFFER ZONE AND RIVERFRONT AREA TO BE CONVERTED TO MITIGATION AREA UNDER-CANOPY AREA ABUTTING NATURALLY VEGETATED BUFFER ZONE + RIVERFRONT AREA TO BE CONVERTED TO MITIGATION AREA THIS PITCH PINE TO REMAIN GAZEBO TO BE REMOVED MMEnvironmental MARSH MATTERS ENVIRONMENTAL Attachment 3 Property Abutters-related Documents Municipal Administrative Forms Wetland Determination Form Set Filing Fee Form(s) 3,000.00 Conservation Notice of Intent (NOI) Abutter Map for Subject Parcel 288182005 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 5/4/2023 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 Conservation Notice of Intent (NOI) Abutter List for Subject Parcel 288182005 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 287120 WHELAN, JAMES F & SUSAN H PO BOX 366 HYANNIS PORT 02647MA 28818000A BARIGHT, RICHARD S & CARLEEN S TRS RICHARD S BARIGHT LIVING TRUST & CARLEEN PO BOX 483 TIVOLI 12583NY 28818000B SWEENEY, ANNE 300 COMMERCIAL STREET APT 316 BOSTON 02109MA 28818000C OCONNOR, THOMAS J & PAULA J TRS OCONNOR FAMILY IRREV TRUST 4 WINSLOW ROAD WESTWOOD 02090MA 28818000D ROSNER, CYNTHIA & BERNARD 80 ROBBINS ROAD LEXINGTON 02421MA 28818000E ROSNER, DAVID M & JASMINE Y 160 MARSTON AVE UNIT 5 HYANNIS 02601MA 28818000F KEENEY, TIMOTHY 160 MARSTON AVENUE UNIT 6 HYANNIS 02601MA 28818000G ROWE, JAMES H TR C S CAPE TRUST 5008 GLENBROOK RD NW WASHINGTON 20016DC 28818000H BOESEL, MINNETTE B & MARKS, JAN A TRS MINETTE B BOESEL FAMILY TRUST 2504 STANMORE DRIVE HOUSTON 77019TX 28818000I GLANVILLE, LEWIS K & ELIZABETH L TRS GLANVILLE REVOCABLE TRUST 212 S ATLANTIC BLVD ALHAMBRA 91801CA 28818000J ADAMS, EARL W JR & BARBARA C TRS ADAMS REVOCABLE TRUST 187 GRANDVIEW AVE MEADVILLE 16335PA 28818000K HARBOR VILLAGE CONDO ASSOC 160 MARSTON AVE PO BOX 897 HYANNIS PORT 02647MA 28818000L MILNE, LOUISA B & JOHN K TRS CASSIOPEIA REALTY TRUST 71 WOODFORD STREET PORTLAND 04103ME 5/4/2023 4:32 PMReport Generated On:Page 1 of 2 27Total 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. Parcel ID Owner 1 Owner 2 Address Line 1 Address Line 2 City State Zip 28818000M KRAVIS, SHARON A PO BOX 46 HAGAMAN 12086NY 28818000N FOLEY, MELISSA ANN 78 DEAN ROAD BROOKLINE 02445MA 28818000O HOULT, ZENE ATHANS TR 160 MARSTON AVENUE REALTY TRUST 1 BEACH DR SE UNIT 1308 ST PETERSBURGH 33701FL 28818000P SAMANT, NINAD & JOANNE 29 CAMELOT DRIVE SHREWSBURY 01545MA 28818000Q TETRAD ESTATE HOLDINGS LLC 104 VISTA DRIVE EASTON 06612CT 28818000R HARDING, DANIEL & CATHERINE 160 MARSTON AVENUE UNIT 18 HYANNIS PORT 02647MA 28818000S DAVIS, JANE M TR JANE M DAVIS REVOCABLE TRUST 304 BROOKSBY VILLAGE DRIVE UNIT 403 PEABODY 01960MA 28818000T SWEENEY, ANNE 300 COMMERCIAL STREET APT 316 BOSTON 02109MA 28818000U HU, SIJIE 142 CLINTON STREET HOPKINTON 01748MA 288182003 SULLIVAN, DARRYL & HASSELL, AISLING 7 CLAREMONT ROAD HOWTH DUBLIN IRELAND 288182004 TORBAY, GEORGE 339 HOWARD STREET NORTHBOROUGH 01532MA 288182005 TORBAY, GEORGE 339 HOWARD STREET NORTHBOROUGH 01532MA 305002 SINGMASTER, LAWRENCE G TR & BARBARA B TR PO BOX 396 HYANNIS PORT 02647MA 305003 CASAGOCEAN LLC 410 E UPLAND ROAD ITHACA 14850NY 5/4/2023 4:32 PMReport Generated On:Page 2 of 2 27Total Number of Abutters: This list by itself does NOT constitute a "Certified List of Abutters" and is provided only as an aid to the determination of abutters. If a Certified Abutter List is required, you must contact the Assessing Division to have this list certified. NOTICE OF INTENT ABUTTER NOTIFICATION LETTER DATE: RE: Upcoming Barnstable Conservation Commission Public Hearing To Whom It May Concern, As an abutter within 100 feet of a proposed project, please be advised that a NOTICE OF INTENT application has been filed with the Barnstable Conservation Commission. APPLICANT: PROJECT ADDRESS OR LOCATION: ASSESSOR’S MAP & PARCEL: MAP PARCEL PROJECT DESCRIPTION: ________________________________________________________ APPLICANT’S AGENT: PUBLIC HEARING: WILL BE HELD 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) 5.9.2023 GEORGE TORBAY 70 OCEAN AVENUE HYANNISPORT 288 182-004 / -005 IN-GROUND POOL, GARAGE, LANDSCAPING, ON-SITE SEWAGE DISPOSAL SYSTEM REPLACEMENT D. MICHAEL BALL MARSH MATTERS ENVIRONMENTAL 978.434.1228 / Mike.Ball@MarshMattersEnvironmental.com 5 23 2023 6:30 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 X X X X X N/A 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 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; X X X X X X X X X SEE FIG 1 X N/A X X X noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/17/11 Page 1 of 2 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. A. Applicant Information 1. Location of Project: 70 OCEAN AVENUE a. Street Address HYANNISPORT (BARNSTABLE) b. City/Town 984 c. Check number $275 d. Fee amount 2. Applicant Mailing Address: GEORGE a. First Name TORBAY b. Last Name c. Organization 399 HOWARD STREET d. Mailing Address NORTHBOROUGH e. City/Town MA f. State 01532 g. Zip Code 714-931-9146 h. Phone Number i. Fax Number GTORBS@YAHOO.COM j. Email Address 3. Property Owner (if different): SAME a. First Name b. Last Name c. Organization d. Mailing Address e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number j. Email Address To calculate filing fees, refer to the category fee list and examples in the instructions for filling out WPA Form 3 (Notice of Intent). B. Fees Fee should be calculated using the following process & worksheet. Please see Instructions before filling out worksheet. Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. Step 2/Number of Activities: Identify the number of each type of activity. Step 3/Individual Activity Fee: Identify each activity fee from the six project categories listed in the instructions. Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2) times the fee per category (identified in Step 3) to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be multiplied by 1.5 and then added to the subtotal amount. Step 5/Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step 6/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract $12.50. To calculate the city/town share of the fee, divide the total fee in half and add $12.50. noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/17/11 Page 2 of 2 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Fees (continued) Step 1/Type of Activity Step 2/Number of Activities Step 3/Individual Activity Fee Step 4/Subtotal Activity Fee POOL INSTALL (IN RIVERFRONT) 1 $165.00 $165.00 GARAGE CONSTRUCTION 1 $110.00 $110.00 Step 5/Total Project Fee: $275.00 Step 6/Fee Payments: Total Project Fee: $275.00 a. Total Fee from Step 5 State share of filing Fee: $125.00 b. 1/2 Total Fee less $12.50 City/Town share of filling Fee: $150.00 c. 1/2 Total Fee plus $12.50 C. Submittal Requirements a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to the Commonwealth of Massachusetts. Department of Environmental Protection Box 4062 Boston, MA 02211 b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and the city/town fee payment. To MassDEP Regional Office (see Instructions): Send a copy of the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and a copy of the state fee payment. (E-filers of Notices of Intent may submit these electronically.)