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HomeMy WebLinkAbout41Highview_CompiledRDA_FINAL Prepared by: 349 Route 28, Unit D W. Yarmouth, Massachusetts 02673 41 Highview Circle, Marstons Mills, MA 02648 Request for Determination of Applicability Proposed Vista Pruning Town of Barnstable Conservation Commission August 2023 Prepared for: Karin Gilbert P.O. Box 414 Yarmouth Port, MA 02675 BSC Job #50838.00 Engineers Environmental Scientists Software Developers Landscape Architects Planners Surveyors 349 Main Street, Route 28, Unit D / West Yarmouth, MA 02673 / 508-778-8919 www.bscgroup.com August 29, 2023 Town of Barnstable Conservation Commission 367 Main Street, Hyannis MA. 02601 Attn: Darcy Karle, Conservation Administrator RE: Request for Determination of Applicability, Proposed Vista Pruning, #41 Highview Circle, Marstons Mills, MA, BSC Job #50838.00 Dear Ms. Carle and Members of the Conservation Commission: BSC Group, Inc. (BSC) is pleased to submit this Request for Determination of Applicability (RDA) Application on behalf of Karin Gilbert (the Applicant), for the property located at 41 Highview Circle in Marstons Mills (the Site). The proposed project entails vista pruning within an established viewing corridor adjacent to Long Pond. Enclosed please find the following materials: 1. WPA Form 1 - Request for Determination of Applicability 2. Project Narrative 3. Locus Map 4. NHESP Map 5. FEMA Firmette 6. Site Photos 7. Abutter Information If you have any questions or require additional information, please contact me at (508) 778 - 8919. Truly yours, BSC GROUP, INC. Hannah Raddatz Wetland Scientist BSC Group Inc.- West Yarmouth, MA CC: Karin Gilbert, P.O. Box 414, Yarmouth Port, MA 02675 Massachusetts Department of Environmental Protection - Southeast Region - 20 Riverside Dr, Lakeville, MA 02347 8/28/23, 5:26 PM Barnstable Conservation Commn to 41 Highview Cir, Marstons Mills, MA 02648 - Google Maps https://www.google.com/maps/dir/Barnstable+Conservation+Commn,+Main+Street,+Barnstable,+MA/41+Highview+Cir,+Marstons+Mills,+MA+02648/…1/2 Barnstable Conservation Commn 200 Main St, Hyannis, MA 02601 1.Head east toward Yarmouth Rd Follow Main St and MA-28 N/Falmouth Rd to Main St 2.Turn right onto Yarmouth Rd 3.Turn right onto Main St 4.At the trac circle, take the 3rd exit onto W Main St Pass by Dunkin' (on the left in 1.5 mi) 5.Turn left onto MA-28 N/Falmouth Rd Take Lovell's Ln to River Rd 6.Turn right onto Main St 7.Turn right onto Lovell's Ln 8.Continue onto River Rd Continue on Lake Shore Dr. Drive to Highview Cir 9.Continue straight onto Lake Shore Dr 10.Turn left onto Highview Cir 11.Slight right to stay on Highview Cir Destination will be on the right 4 sec (69 ft) 17 min (7.0 mi) 233 ft 1.1 mi 2.1 mi 3.8 mi 2 min (0.8 mi) 0.2 mi 0.7 mi 3 min (1.6 mi) 2 min (0.4 mi) 0.3 mi 220 ft 223 ft Drive 9.9 miles, 27 minBarnstable Conservation Commn, 200 Main St, Hyannis, MA 02601 to 41 Highview Cir, Marstons Mills, MA 02648 wpaform1.doc Page 1 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Barnstable City/Town A. General Information Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. 1. Applicant: Karin Gilbert Name squish3691@comcast.net E-Mail Address P.O. Box 414 Mailing Address Yarmouth Port City/Town MA State 02675 Zip Code 508-362-8883 Phone Number Fax Number (if applicable) 2. Representative (if any): BSC Group, Inc. Firm Hannah Raddatz Contact Name hraddatz@bscgroup.com E-Mail Address 349 Route 28, Unit D Mailing Address West Yarmouth City/Town MA State 02673 Zip Code 508-778-8919 Phone Number Fax Number (if applicable) B. Determinations 1. I request the Barnstable Conservation Commission make the following determination(s). Check any that apply: a. whether the area depicted on plan(s) and/or map(s) referenced below is an area subject to jurisdiction of the Wetlands Protection Act. b. whether the boundaries of resource area(s) depicted on plan(s) and/or map(s) referenced below are accurately delineated. c. whether the work depicted on plan(s) referenced below is subject to the Wetlands Protection Act. d. whether the area and/or work depicted on plan(s) referenced below is subject to the jurisdiction of any municipal wetlands ordinance or bylaw of: Barnstable Name of Municipality e. whether the following scope of alternatives is adequate for work in the Riverfront Area as depicted on referenced plan(s). wpaform1.doc Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Barnstable City/Town C. Project Description 1. a. Project Location (use maps and plans to identify the location of the area subject to this request): 41 Highview Circle, Marstons Mills, MA Street Address Barnstable City/Town 30 Assessors Map/Plat Number 79 Parcel/Lot Number b. Area Description (use additional paper, if necessary): The area where work is proposed is a single-family residential property located at 41 Highview Circle in Marstons Mills. Neighboring properties and forested land exist to the east, west and north. Long Pond is located to the south and west. c. Plan and/or Map Reference(s): Locus Map Title 7/21/2023 Date NHESP Map Title 7/21/2023 Date Firmette Title 7/21/2023 Date 2. a. Work Description (use additional paper and/or provide plan(s) of work, if necessary): The proposed vista pruning is proposed along an existing view corridor along an upland slope, which leads to Long Pond, a freshwater waterbody. The pruning will be limited to 36" to 46" in height for shrubs within the 40-foot wide by 30-foot long viewing corridor. No pruning will occur within 10 feet of the edge of Bank to Long Pond. Roots will not be damaged and no soil disturbance is proposed as a part of this pruning. Pruning will occur annually or as needed. wpaform1.doc Page 3 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Barnstable City/Town C. Project Description (cont.) b. Identify provisions of the Wetlands Protection Act or regulations which may exempt the applicant from having to file a Notice of Intent for all or part of the described work (use additional paper, if necessary). The proposed project is considered a minor activity within Buffer Zone under 310 CMR 10.02 2(b)(1)(2)(c) as the proposed vista pruning and tree removal is not located within the 100-foot Buffer Zone to Bordering Vegetated Wetland or Riverfront Area. Pr oposed vista pruning will comply with the definition of Vista Pruning under 310 CMR 10.04 which prohibits the cutting of trees that would reduce the leaf canopy to less than 90% of exisiting crown cover and does not include the mowing or removal of understory brush. 3. a. If this application is a Request for Determination of Scope of Alternatives for work in the Riverfront Area, indicate the one classification below that best describes the project. Single family house on a lot recorded on or before 8/1/96 Single family house on a lot recorded after 8/1/96 Expansion of an existing structure on a lot recorded after 8/1/96 Project, other than a single family house or public project, where the applicant owned the lot before 8/7/96 New agriculture or aquaculture project Public project where funds were appropriated prior to 8/7/96 Project on a lot shown on an approved, definitive subdivision plan where there is a recorded deed restriction limiting total alteration of the Riverfront Area for the entire subdivision Residential subdivision; institutional, industrial, or commercial project Municipal project District, county, state, or federal government project Project required to evaluate off-site alternatives in more than one municipality in an Environmental Impact Report under MEPA or in an alternatives analysis pursuant to an application for a 404 permit from the U.S. Army Corps of Engineers or 401 Water Quality Certification from the Department of Environmental Protection. b. Provide evidence (e.g., record of date subdivision lot was recorded) supporting the classification above (use additional paper and/or attach appropriate documents, if necessary.) Request for Determination of Applicability #41 Highview Circle Marstons Mills, MA PROJECT DESCRIPTION 1.0 INTRODUCTION The proposed project located at 41 Highview Circle (the Site) in Marstons Mills, MA. This application is submitted in accordance with the Massachusetts Wetlands Protection Act and the Town of Barnstable Wetlands Protection By-law. 2.0 SITE DESCRIPTION The project site consists of a single-family residential property located at 41 Highview Circle in Marstons Mills. Neighboring properties exist to the north and east, with forested land to the west and Long Pond, a freshwater waterbody to the south. The wetland resource areas and areas of conservation jurisdiction on the site that are protected under the Wetlands Protection Act and the Town of Barnstable's Wetland Protection Bylaw include the following: • Land Under Water (Associated with Long Pond) • Bank (to Long Pond) • 100-foot Buffer Zone to Inland Bank 3.0 PROPOSED ACTIVITIES The purpose of this application is to authorize the following activities: Vista pruning is proposed along an existing view corridor along an upland slope, which leads to Long Pond, a freshwater waterbody. The pruning will be limited to 36" to 46" in height for shrubs within the existing limits of viewing corridor. No pruning will occur within ~25 feet of the edge of Bank to Long Pond. Roots will not be damaged, and no soil disturbance is proposed as a part of this pruning. Pruning will occur annually or as needed. 4.0 MITIGATION Vista pruning will not be carried out more than once annually and will be conducted on an as needed basis. The vista pruning will be done by hand and all debris will be removed from the site immediately following pruning activities. Copyright:© 2013 National Geographic Society, i-cubed 70°26'0"W 70°26'0"W 70°27'0"W 70°27'0"W 41°41'0"N41°41'0"N41°40'0"N41°40'0"N41°39'0"N41°39'0"NDocument Path: P:\5083800\Environmental\PermitApplications\GIS\Locus_Map.mxdDate Saved: 7/21/2023 2:09:23 PM THIS DOCUMENT IS INTENDED FOR GENERAL PLANNING & INFORMATION PURPOSES ONLY. ALL MEASUREMENTS & LOCATIONS ARE APPROXIMATE Scale:Source: 2013National GeographicSociety, i-cubed41 HIGHVIEW CIR MARSTO NS MILLS, MA Locus Map(Page size: 8.5 X 11) 1 inch = 2,083 feet 0 1,000 2,000 Feet H 1:25,000 ,SITELOCUS kj kjkj kj kj kj BARNSTA BLE Document Path: P:\5083800\Environmental\PermitApplications\GIS\Locus_Map.mxdDate Saved: 7/21/2023 2:04:42 PM THIS DOCUMENT IS INTENDED FOR GENERAL PLANNING & INFORMATION PURPOSES ONLY. ALL MEASUREMENTS & LOCATIONS ARE APPROXIMATE Scale:Source: 2013National GeographicSociety, i-cubed41 HIGHVIEW CIRMARSTONS MILLS, MA NHE SP Ma p (Page size: 8.5 X 11) 1 inch = 250 feet 0 130 260 Feet H 1:3,000 ,PROJECTAREA Sources: Esri, HERE, Garmin,Intermap, increment P Corp.,GEBCO, USGS, FAO, NPS,NRCAN, GeoBase, IGN, Legend Town Boun dary kj Ce rtified Ver nal Pools kj Pot ential Vern al Pools NHESP Prior ity Habitats NHESP Estimat ed Habitats Areas of Critical Environmental Concern National Flood Hazard Layer FIRMette 0 500 1,000 1,500 2,000250 Feet Ü SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT SPECIAL FLOOD HAZARD AREAS Without Base Flood Elevation (BFE) Zone A, V, A99 With BFE or DepthZone AE, AO, AH, VE, AR Regulatory Floodway 0.2% Annual Chance Flood Hazard, Areas of 1% annual chance flood with average depth less than one foot or with drainage areas of less than one square mileZone X Future Conditions 1% Annual Chance Flood HazardZone X Area with Reduced Flood Risk due to Levee. See Notes.Zone X Area with Flood Risk due to LeveeZone D NO SCREEN Area of Minimal Flood Hazard Zone X Area of Undetermined Flood HazardZone D Channel, Culvert, or Storm Sewer Levee, Dike, or Floodwall Cross Sections with 1% Annual Chance 17.5 Water Surface Elevation Coastal Transect Coastal Transect Baseline Profile Baseline Hydrographic Feature Base Flood Elevation Line (BFE) Effective LOMRs Limit of Study Jurisdiction Boundary Digital Data Available No Digital Data Available Unmapped This map complies with FEMA's standards for the use of digital flood maps if it is not void as described below. The basemap shown complies with FEMA's basemap accuracy standards The flood hazard information is derived directly from the authoritative NFHL web services provided by FEMA. This map was exported on 7/21/2023 at 2:10 PM and does not reflect changes or amendments subsequent to this date and time. The NFHL and effective information may change or become superseded by new data over time. This map image is void if the one or more of the following map elements do not appear: basemap imagery, flood zone labels, legend, scale bar, map creation date, community identifiers, FIRM panel number, and FIRM effective date. Map images for unmapped and unmodernized areas cannot be used for regulatory purposes. Legend OTHER AREAS OF FLOOD HAZARD OTHER AREAS GENERAL STRUCTURES OTHER FEATURES MAP PANELS 8 B 20.2 The pin displayed on the map is an approximate point selected by the user and does not represent an authoritative property location. 1:6,000 70°27'W 41°40'27"N 70°26'23"W 41°40'1"N Basemap Imagery Source: USGS National Map 2023 Photo 1: View of southern edge of the lawn on Site, facing the existing view corridor and Long Pond. Looking south. Photo 2: View of southern edge of the lawn on Site, facing the existing view corridor and Long Pond. Looking southeast Site Photographs June 2023 41 Highview Circle Marstons Mills, MA Page 1 REQUEST FOR DETERMINATION OF APPLICABILITY ABUTTER NOTIFICATION LETTER DATE: RE: Upcoming Barnstable Conservation Commission Public Hearing To Whom It May Concern, As an immediate abutter of a proposed project, please be advised that a Request for Determination 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) 1,200.00 Conservation Request for Determination (RDA) Abutter Map for Subject Parcel 030079 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 actually touching on 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. 50 Town of Barnstable GIS Unit 100 7/21/2023 gis@town.barnstable.ma.us Printed on: 0 ft.100 Subject Parcel Abutters ft. 1 inch = approx. Parcels Town Boundary Railroad Tracks Buildings Approx. Building Buildings Painted Lines Parking Lots Paved Unpaved Driveways Paved Unpaved Roads Paved Road Unpaved Road Bridge Paved Median Streams Marsh Water Bodies Conservation Request for Determination (RDA) Abutter List for Subject Parcel 030079 Property owners actually touching on the subject parcel upon which work is proposed. Parcel ID Owner 1 Owner 2 Address Line 1 Address Line 2 City State Zip 030025 CLINGAN, RICHARD S TR HIGH VIEW CIR NOMINEE TRUST 18150 TURNBERRY DR ROUND HILL 20141VA 030079 KOFF, AMY B & GILBERT, KARIN R PO BOX 414 YARMOUTHPORT 02675MA 030080 ZENTNER, GREGORY J TR GREGORY J ZENTNER LIV TRST AGMT 47 HIGH VIEW CIRCLE MARSTONS MILLS 02648MA 7/21/2023 12:31 PMReport Generated On:Page 1 of 1 3Total 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.