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Home My WebLink AboutSE 3-5924 - 205 Seapuit Road - Amended OOC RequestProject # C19490.00 By Hand Delivery September 5, 2023 Conservation Commission Attn: Darcy Karle, Administer 367 Main Street Hyannis, MA 02601 Re: Request for Amended Order of Conditions Filing Package Proposed Reconfiguration of Buildings and Addition of Swimming Pool Nicholas David Samra and Erica Lynn Pearson, Trustees Whileaway Realty Trust 205 Seapuit Road Osterville, MA Map: 095, Parcel: 013/002 MassDEP File No: SE 3-5924 OOC Doc #: 1,443,871 Dear Ms. Karle and Commission Members: On behalf of our clients, Whileaway Realty Trust, we are submitting 9 copies of a Request for Amended Order of Conditions Filing Package, an original check for municipal filing, and 2 original and 7 copies of the plan for the above referenced project. The following items are enclosed: •Request for Amended Order of Conditions •Update NOI application (page 2 and 6 only) •Project Description, Performance Standards Narrative •Copy of $150.00 check made payable to Town of Barnstable for Bylaw Fee •Property Access Authorization Form •Affidavit, Abutter Notification Letter, Certified Abutter List •Coastal Engineering Co., Inc. Revised Plan Showing Proposed Site Improvements, Dated 8/28/2023 Please schedule this for the September 19, 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 Whileaway Realty Trust Sean M. Riley, Project Manager Project # C19490.00 By Hand Delivery September 5, 2023 Conservation Commission Attn: Darcy Karle, Administer 367 Main Street Hyannis, MA 02601 Re: Request Letter for Amended Order of Conditions Proposed Reconfiguration of Buildings and Addition of Swimming Pool Nicholas David Samra and Erica Lynn Pearson, Trustees Whileaway Realty Trust 205 Seapuit Road Osterville, MA Map: 095, Parcel: 013/002 MassDEP File No: SE 3-5924 OOC Doc #: 1,443,871 Dear Ms. Karle and Commission Members: On behalf of Whileaway Realty Trust, we would like to request an amendment to the Order of Conditions, which was issued by the Barnstable Conservation Commission on October 15, 2021 for the above referenced project. The scope of the proposed amendment is to clear the existing vegetation landward of the 100’ buffer zone to BVW (located on an adjacent property), install a swimming pool, pool equipment & fence, pool house, shed, retaining walls, patio space, outdoor spa, walkways, lawn areas, landscape and hardscape amenities. A limit of work/siltation barrier will be established landward of the 100’ buffer zone and will be maintained until the proposed vegetation has fully established. The only resource area that work will take place in, is Land Subject to Coastal Storm Flowage (AE Zone El. 12) Enclosed is the Plan Showing Proposed Site Improvements plan, dated 8/28/2023. The final Order of Conditions was recorded at the Barnstable Land Court Registry on November 3, 2021, Doc # 1,443, 871. Therefore, we respectfully request that you schedule the above referenced project for the September 19, 2023. public hearing. If you have any questions, please call our office. Sincerely, COASTAL ENGINEERING CO., INC. Sean M. Riley, Project Manager Enclosures as stated cc: Mass. DEP/SERO - Wetlands Whileaway Realty Trust Sean M. Riley, Project Manager wpaform3.doc • rev. 2/8/2018 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 (Osterville) 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): 205 Seapuit Road a. Street Address Osterville b. City/Town 02655 c. Zip Code Latitude and Longitude: 41°38'2.03"N d. Latitude 70°23'50.71"W e. Longitude 095 f. Assessors Map/Plat Number 013/002 g. Parcel /Lot Number 2. Applicant: Nicholas David Samra a. First Name Erica Lynn Pearson, Trustees b. Last Name Whileaway Realty Trust c. Organization 38 West Clay Street d. Street Address San Francisco e. City/Town CA f. State 94121 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 Cranberry 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 sriley@coastalengineeringcompany.com j. Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $500.00 a. Total Fee Paid $237.50 b. State Fee Paid $262.50 c. City/Town Fee Paid wpaform3.doc • rev. 2/8/2018 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 (Osterville) City/Town A. General Information (continued) 6. General Project Description: Proposed Reconfiguration of Buildings and Addition of Swimming Pool 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 C# 223794 Doc # 1,406,702 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. 2/8/2018 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 (Osterville) 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. 2/8/2018 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 (Osterville) 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 25,507 1. square feet 4. Restoration/Enhancement If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.2.b or B.3.h above, please enter the additional amount here. a. square feet of BVW b. square feet of Salt Marsh 5. Project Involves Stream Crossings a. number of new stream crossings b. number of replacement stream crossings wpaform3.doc • rev. 2/8/2018 Page 5 of 9 4 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 (Osterville) 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 2021 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 http://www.mass.gov/eea/agencies/dfg/dfw/natural-heritage/regulatory-review/). Priority Habitat includes habitat for state-listed plants and strictly upland species not protected by the Wetlands Protection Act. ∗∗ MESA projects may not be segmented (321 CMR 10.16). The applicant must disclose full development plans even if such plans are not required as part of the Notice of Intent process. wpaform3.doc • rev. 2/8/2018 Page 6 of 9 4 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 (Osterville) City/Town C. Other Applicable Standards and Requirements (cont’d) (c) MESA filing fee (fee information available at http://www.mass.gov/dfwele/dfw/nhesp/regulatory_review/mesa/mesa_fee_schedule.htm). Make check payable to “Commonwealth of Massachusetts - NHESP” and mail to NHESP at above address Projects altering 10 or more acres of land, also submit: (d) Vegetation cover type map of site (e) Project plans showing Priority & Estimated Habitat boundaries (f) OR Check One of the Following 1. Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, http://www.mass.gov/dfwele/dfw/nhesp/regulatory_review/mesa/mesa_exemptions.htm; the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR 10.37 and 10.59.) 2. Separate MESA review ongoing. a. NHESP Tracking # b. Date submitted to NHESP 3. Separate MESA review completed. Include copy of NHESP “no Take” determination or valid Conservation & Management Permit with approved plan. 3. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? a. Not applicable – project is in inland resource area only b. Yes No If yes, include proof of mailing, hand delivery, or electronic delivery of NOI to either: South Shore - Cohasset to Rhode Island border, and the Cape & Islands: Division of Marine Fisheries - Southeast Marine Fisheries Station Attn: Environmental Reviewer 836 South Rodney French Blvd. New Bedford, MA 02744 Email: DMF.EnvReview-South@state.ma.us North Shore - Hull to New Hampshire border: Division of Marine Fisheries - North Shore Office Attn: Environmental Reviewer 30 Emerson Avenue Gloucester, MA 01930 Email: DMF.EnvReview-North@state.ma.us Also if yes, the project may require a Chapter 91 license. For coastal towns in the Northeast Region, please contact MassDEP’s Boston Office. For coastal towns in the Southeast Region, please contact MassDEP’s Southeast Regional Office. wpaform3.doc • rev. 2/8/2018 Page 7 of 9 4 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 (Osterville) 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. 2/8/2018 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 (Osterville) 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. Plan Showing Proposed Site Improvements a. Plan Title Coastal Engineering Co., Inc. b. Prepared By Sean M. Riley, P.E. c. Signed and Stamped by REV 8/29/2023 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: 480 2. Municipal Check Number 08/17/2021 3. Check date 481 4. State Check Number 08/17/2021 5. Check date 6. Payor name on check: First Name Coastal Engineering Co., Inc. 7. Payor name on check: Last Name wpaform3.doc • rev. 2/8/2018 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 (Osterville) 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. C19490.00.00: Request for Amended OOC Whileaway Realty Trust, 205 Seapuit Road, Osterville Page 1 of 5 Project Description I. Existing Property Description 205 Seapuit Road, Osterville, MA is located in a developed residential (RF-1) use area and is situated on a two (2) acre lot, according to the Barnstable Assessors Record Card. The property is currently developed with a four (4) bedroom, two (2) bathroom single-family home with an attached garage, wood decking, an arbor, brick walkways, timber and concrete retaining walls, and a gravel driveway with a cobblestone apron and edging. Other associated site appurtenances include: lawn area, trees, bushes, shrubs, and plantings. The existing property is served by an existing sewage disposal system. II. FEMA Flood Zones The subject property lies partially within FEMA mapped Zone AE (El. 12-feet), special flood hazard area subject to inundation by the 1% annual chance flood (100-year flood event). These flood designations are shown on FEMA Flood Insurance Rate Map (FIRM) Number 25001C0544J, effective date July 16, 2014. Base Flood Elevations for these zones are determined as follows: • Zone AE (El. 12-feet): Base Flood Elevation determined as 12-feet. Wave heights are less than 1.5-feet. Most of the property, including the currently developed area is located within FEMA mapped Zone X, area of minimal flood hazard. III. Wetland Resource Areas The subject property lies within the following Massachusetts Department of Environmental Protection (Mass DEP) and Town of Barnstable wetland resource areas: Land Subject to Coastal Storm Flowage [LSCSF] (Flood Zone AE El. 12-ft). A bordering vegetated wetland (BVW) exists on an abutting property. No work is being proposed within 100ft. of the wetland and a fully vegetated buffer exists within the 50’ buffer (on the subject parcel) C19490.00.00: Request for Amended OOC Whileaway Realty Trust, 205 Seapuit Road, Osterville Page 2 of 5 IV. Conservation Maps In a review of the Town of Barnstable Conservation Maps, the property was determined to lie outside of the following areas: • Area of Critical Environmental Concern (ACEC) • Natural Heritage and Endangered Species Program (NHESP) Estimated or Priority Habitat of Rare Wildlife and Species. The property was determined to lie within the following areas: • Groundwater Protection Overlay District • Wellhead Protection Overlay District • Resource Protection Overlay District V. Project Description The applicant proposes to demolish the existing single-family home and reconstruct it with a three (3) bedroom main house and two (2) bedroom Accessory building, all outside of the wetland resource area. A detached garage with one (1) bedroom above, and an open pavilion structure were previously approved within the flood zone. They are to be replaced with a swimming pool and pool house within the flood zone. The pool and pool house will be flood resistant. Other improvements include relocation of pervious driveway, pea stone parking areas, retaining walls, wood and stone walkways, stone patios, field stone walls, gardens, orchards and lawn areas. A new sewage disposal system is proposed with I/A technology to reduce nitrogen. C19490.00.00: Request for Amended OOC Whileaway Realty Trust, 205 Seapuit Road, Osterville Page 3 of 5 Performance Standards Narrative The proposed project will follow the performance standards within the Massachusetts State Wetlands Protection Act (WPA) Performance Standards and as adopted by the Barnstable Conservation Commission Local Regulations. The following sections address how these performance standards are met for the proposed project and demonstrate evidence that the proposed project will not have significant adverse impacts to the resource areas, as defined within the State regulations and Local regulations. I. Wetland Performance Standards - (310 CMR 10.00) State WPA Regulations 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. II. Wetland Performance Standards – Barnstable Regulations Land Subject to Coastal Storm Flowage The Town of Barnstable Conservation Commission has performance standards set forth in the guidance document, “Guidelines for Activities in Land Subject to Coastal Storm Flowage (LSCSF)- Velocity (V) Zones and Coastal A Zones Only”. Based on this guidance document, there are no performance standards for work within the Stillwater MiWa (Minimal Wave Action) A Zone of LSCSF. III. Summary The project meets the performance standards set forth in both the Massachusetts Wetland Protection Regulations and the Barnstable Wetland Protection Ordinance. This proposal demonstrates the proposed project will result in no significant or cumulative negative effects upon the wetland values defined within the Town of Barnstable Wetlands Protection Ordinance and no adverse impacts to the wetland interests defined in the Massachusetts Wetland Protection Regulations. C19490.00.00: Request for Amended OOC Whileaway Realty Trust, 205 Seapuit Road, Osterville Page 4 of 5 Construction Protocol I. Pre-Construction Requirements • A sign bearing the MA DEP file number shall be posted in compliance with the Order of Conditions issued by the Barnstable Conservation Commission. • Prior to any construction or site disturbance activity, the erosion and sedimentation barriers shall be installed in the location(s) shown on the plan. • A copy of the approved plans and the Order of Conditions shall be provided to the Contractor and shall be on site at all times. II. On-Site Pre-Construction Conference Prior to the start of any sitework or construction, a pre-construction meeting will be held on site to discuss the project requirements with the following parties represented: • General Contractor • Sitework Contractor • Coastal Engineering Co., Inc. Engineer Topics to be discussed during the meeting include, but are not limited to the following: • Maintenance of erosion and sedimentation control barrier • Limit of work • Construction sequencing and schedule • Material and equipment storage • Project contacts During the preconstruction conference, the Engineer shall inspect the erosion and sedimentation barrier. Any deficiencies shall be addressed prior to the commencement of work. III. Limit of Work The Sitework Contractor shall familiarize himself with the boundaries of the property and the limit of work. The Contractor shall exercise care in order to protect adjacent properties and wetland resource areas. The Contractor shall not operate heavy equipment outside the work limit as shown on the approved plan and delineated by the erosion and sedimentation control barrier. The contractor shall practice good housekeeping measures during the day-to-day operations at the site. The site should be policed daily to remove any litter or construction debris. Care shall be taken that no debris be allowed outside the work limit. Debris outside the work limit shall be picked up immediately. C19490.00.00: Request for Amended OOC Whileaway Realty Trust, 205 Seapuit Road, Osterville Page 5 of 5 IV. Construction Access Construction access shall be from the existing gravel driveway. Any storage of equipment shall take place outside the wetland resource areas. V. Construction Operations The contractor shall practice good housekeeping measures during the day-to-day operations at the site. The site shall be policed daily to remove any litter or construction debris. Care shall be taken that no debris be allowed outside the work limit. Debris outside the work limit shall be picked up immediately. Any construction debris which will not be removed from the site at the end of the workday shall be placed in dumpsters. The dumpsters shall be located in the existing driveway. The dumpsters shall be covered at the end of the workday and emptied when full. The Contractor shall police the site daily in order to prevent wind-blown material from entering abutting properties or resource areas. Material stockpiles that are in place for an extended period of time shall be stabilized with vegetation, mulching, erosion control blankets, and other measures that are necessary to prevent the discharge of sediment from the project site. Town of Barnstable Conservation Commission 367 Main Street Hyannis Massachusetts 02601 Form PA Office: 508-862-4093 E-mail: conservation@town.barnstable.ma.us FAX: 508-778-2412 J.ijil[§e:§.aY',!W'..§ Permission to Access Property Property owner's name(s ): ..J1.W�hay_y_.ER�e�a!.!.1Ity_y_JT_rr!,!JUSfilt�------------------ Applicant's (Representative's) Name(s) Sean M. Riley, P.E., Coastal Engineering Co., Inc. Project street address___:205S�e§.iag.Jp;2.!UJJ.itLR�oai=!'dL ______________________ _ Barnstable Assessor's Map & Parcel: Map 095 Parcel 013/001 Applicant's Contact Phone Number: �5.::'..0:::'..8-�2�5'..::5:....:-6c'...:5�1�1�----------- ACCESS TO PROPERTY PERMISSION As the Owner(s) of the above referenced property, I/we have been advised that under the provisions of tne Massachusetts Wetlands Protection Act (MGL Ch 131, Section 40) and the Town of Barnstable General Ordinances {Chapter 237), the Barnstable Conservation Commission, its Agents or its designated staff are authorized, as a matter of law, to enter the outside areas of the property for the purpose of reviewing the existing conditions and the proposed work as described in my/our application (Notice of Intent or Request for Determination) to the Barnstable Conservation Commission. Where possible, notice will be provided to the applicant prior to the visit. Visits will occur during daylight hours on either weekdays or weekends as necessary for the Commission and its agent to examine said property. I understand that if attempts to contact me are unsuccessful, the Commissioner or its agent may proceed to inspect the outside areas of said property under this application. I/we confirm my/our understanding the purpose of this permission and I/we grant permission to Commissioners, its agent, and its designated staff, to enter the outside areas of my/our property regarding this application for the period as described below: 1.From the submission of the Application (Notice of Intent or Request for Determination) until the approval of the Notice of Intent Request or Request for Determination; and 2.From the issuance of the Order(s) of Conditions (approval for Notice of Intent) to the completion of the project and the final inspection by the Conservation staff to confirm the completion of the project. ove and I understand and agree to allow inspections as described. dopted March 15, 2022, effective April 18, 2022. Date sigbed / 04/25/2023 Date signed C19490.00/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 September 5, 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 Request for an Amended Order of Conditions was filed under the Massachusetts Wetlands Protection Act and the Barnstable Wetlands Protection By-law, by Whileaway Realty Trust with the Barnstable Conservation Commission on September 5, 2023, for property located at 205 Seapuit Road, Map 095, Parcel 013/002 in Osterville, MA. The project is for proposed reconfiguration of buildings and addition of swimming pool. 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 Whileaway Realty Trust Sean M. Riley, Project Manager 09/05/2023 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) Whileaway Realty Trust 205 Seapuit Road, Osterville, MA 095 013-002 Proposed Reconfiguration of Buildings and Addition of Swimming Pool Sean M. Riley, Coastal Engineering Co., Inc. 260 Cranberry Highway Orleans, MA 02653 09 19 2023 6:30 Conservation Notice of Intent (NOI) Abutter List for Subject Parcel 095013002 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 095011 WEINTRAUB, DANIEL H TR 294 SEAPUIT ROAD REALTY TRUST C/O AUDAX GROUP 101 HUNTINGTON AVENUE BOSTON 02199MA 095013001 SAMRA, NICHOLAS D & PEARSON, ERICA L TRS WHILEAWAY REALTY TRUST 38 WEST CLAY STREET SAN FRANCISCO 94121CA 095013002 SAMRA, NICHOLAS D & PEARSON, ERICA L TRS WHILEAWAY REALTY TRUST 38 WEST CLAY STREET SAN FRANCISCO 94121CA 095013006 GEARIN, JAMES M & GRETCHEN 181 SEAPUIT ROAD OSTERVILLE 02655MA 095014 KOLEMAN, DONALD TR 237 SEAPUIT ROAD REALTY TRUST 40 LONGMEADOW ROAD PORTSMOUTH 03801NH 095014001 KOLEMAN, DONALD TR 235 SEAPUIT ROAD REALTY TRUST 40 LONGMEADOW ROAD PORTSMOUTH 03801NH 095018 VAZZA, STEPHEN F & LEAH S TRS VAZZA REALTY TRUST 40 BUNKER HILL ROAD OSTERVILLE 02655MA 095021 FORD, SARA F & PETER B TRS PETER B FORD & SARA F FORD REV TRUSTS 204 SEAPUIT ROAD OSTERVILLE 02655MA 095025 BENTIVEGNA, LAURIE A BOX 73 OSTERVILLE 02655MA 8/24/2023 10:53 AMReport Generated On:Page 1 of 1 9Total Number of Abutters: This list by itself does NOT constitute a "Certified List of Abutters" and is provided only as an aid to the determination of abutters. If a Certified Abutter List is required, you must contact the Assessing Division to have this list certified. 3,600.00 Conservation Notice of Intent (NOI) Abutter Map for Subject Parcel 095013002 This map is for illustration purposes only. It is not adequate for legal boundary determination or regulatory interpretation. This map does not represent an on-the-ground survey. It may be generalized, may not reflect current conditions, and may contain cartographic errors or omissions. Legend Property owners within 100 feet of the perimeter of the subject parcel upon which work is proposed. Parcel lines shown on this map are only graphic representations of Assessor’s tax parcels. They are not true property boundaries and do not represent accurate relationships to physical objects on the map such as building locations. 150 Town of Barnstable GIS Unit 300 8/24/2023 gis@town.barnstable.ma.us Printed on: 0 ft.300 Subject Parcel Abutters 100 ft. Buffer ft. 1 inch = approx. Parcels Town Boundary Railroad Tracks Buildings Approx. Building Buildings Parking Lots Paved Unpaved Roads Paved Road Unpaved Road Bridge Paved Median Water Bodies EMCOBBLE STONEAPRONTIMBERRET.WALLWOODSIGNASSESSORS MAP 95PARCEL 14-001DONALD KOLEMAN TRUSTJAMES M. GEARIN & GRETCHEN GEARINSEAPUIT ROADBENCHMARK-TOP OF CONCRETE BOUNDEL.=20.95 (SEE DATUM NOTE)AREA87,193± S.F.(2.00± AC.)FPC FPC FPC FPC FP C F P C FPC FP C FPC FPC FPC F P C FPC FPC FPC FPC FP C FP C FPCFPCFPCFPCFPCFPC FPCFPC FPC FPC FPC FPCASSESSORS MAP 95PARCEL 14-001OHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWWV#205 SEAPUIT ROADASSESSORS MAP 95PARCEL 13-2N/FNICHOLAS DAVID SAMRA &ERICA LYNN PEARSONCERT. #223794G G G G G G G G G G G G G G G G G G G G G E E E E E E E E E E E E E E E E E E E E W W W W W W W W W W W W W W W W W WW39.52'36.82'294.67'17.75'S00° 39' 22"W 44.50'S22° 33' 22"ES01° 55' 52"E71.30'25.00'56.89'S02° 39' 07"EN05° 44' 41"W334.19'FLOOD ZONE AE (EL 12) FLOOD ZONE X (SHADED)FLOOD ZONE AE (EL 12) (AS MAPPED)FLOOD ZONE X (SHADED) (AS MAPPED)EDGE OF PAVEMENT W /BERMPEA STONE DRIVE W/ COBBLE STONE EDGINGUP 112/17EDGE OF CLEARINGCBFND.CBFND.CBFND.ASSESSORS MAP 95PARCEL 14-001DONALD KOLEMAN TRUSTL=83.16',R=242.52'S89° 02' 43"W38.00'N69° 18 ' 57"E168.29 'S50° 31' 54"E40.00'S05° 44' 41"E318.30'S24 ° 0 5 ' 3 2 " W 45.0 0 'N65° 54' 28"W351.46'N00° 05' 30"W164.19'BENCHMARK-TOP OF CONCRETE BOUNDEL.=20.95 (SEE DATUM NOTE)FLOOD ZONE AE (EL 12)FLOOD ZONE XDOH #1DOH #2DOH #3DOH #4DDDDD D D DDD DDDSSFMFMFMFMFMFMFMFMFM FMSSSSSAVVVVVVDDDDDDDDDPROPOSED NATURALVEGETATION (TYP.)43.6'32.6'65.3'66. 9 ' 52.6'PROPOSED 2BRACCESSORYSTRUCTUREFFE = 16.50PROPOSEDACCESSORYSTRUCTUREFFE = 13.00PROPOSED 3 BRDWELLINGFFE = 16.50PROPOSED POOL (15' x 75')PROPOSEDPAVED PARKINGCOURTPROPOSEDPARKING COURTFOR COTTAGEMEADOWAREAMEADOWAREAMEADOWAREAMEADOWAREAMEADOWAREAGARDENAREADININGGROVEPROPOSED REINFORCEDLAWN/PARKING AREASTONE TERRACE/WALKWAY (TYP.)c.o.c.o.c.o.c.o.LAWNAREANATURALVEGATATIONTO REMAIN(26,109 S.F.)161718191617141314131413131211121199188161635.4'ASSESSORS MAP 95PARCEL 13-2LOT AREA87,193± S.F.(2.00± AC.)1516171 3 1 4 1 5 1 6 201918171615141314 131411 10 9 8 10 11 131415171 8 19+16.44151515101020+16.64+16.70 +15.74+15.75+16.0014.75+14.50+14.50+14.75++BS 15.0016.00++15.2515.90++RIM 15.54+15.5016.65++16.3016.25+16.25++16.25+16.25+16.18RIM 15.94+RIM 15.94++16.5515.50+15.56++16.15+RIM 16.01+16.25+16.18+14.59+14.6513.00+13.00+14.55+13.25+12.80+12.70+13.00++13.0012.75++12.78+12.78+9.9915.49+PROPOSEDUTILITY SHEDPROPOSEDA/C PADPROPOSEDGENERATORPADPROPOSED POOLEQUIPMENT PADPROPOSED SMALLPARKING AREAPROPOSEDA/C PADEXISTING EDGEOF VEGETATIONTO BE ADJUSTED(TYP.)EXISTING OAKTREE TO REMAINEDGE OFMEADOWPROPOSEDDRYWELL (TYP.)EXISTINGVEGETATIONTO REMAIN(TYP.)PROPOSED NATURALVEGETATION (TYP.)EXISTINGDRIVE TO BEREMOVEDPROPOSEDPERVIOUSWALKWAY(TYP.)PROPOSEDSEPTIC TANKAND I/A TANKIN SERIESPROPOSED LEACH FIELD(40' x 20' x 12")PROPOSEDE-ONE LIFTSTATIONPROPOSEDVEGETATION(TYP.)EXISTING EDGEOF VEGETATIONTO BE ADJUSTED(TYP.)PROPOSED NATURALVEGETATION (TYP.)FLOOD ZONE:ASSESSORS MAP 95, PARCEL 13-2LAND COURT PLAN 5725-52 LOT 148LAND COURT PLAN 5725-54 LOT 154LAND COURT PLAN 5725-55 LOT 156OWNER OF RECORD:WHILEAWAY REALTY TRUSTCERTIFICATE 223794DATUM:FALMOUTH RD.S. COUNTY RD.OSTERVILLE W. BARN S T A B L E R D .LOCUSCoastal Engineering Co., Inc. c 2021 PROJECT NO. OF SHEETSDRAWN BYDRAWING FILECHECKED BYDATEPROJECTSCALE SHEET TITLE SEALDATENO.REVISION BYPLANF:\SDSKPROJ\C19000\C19490\C19490-00\C19490-00-CIV.dwg 8/23/2023 9:17 AM 1 inch = 20 ft.201002060WHILEAWAY REALTY TRUST 205 SEAPUIT ROAD BARNSTABLE (OSTERVILLE), MA C19490.00PLAN SHOWING PROPOSED SITE IMPROVEMENTSC2.1.111AS NOTED09-08-2021C19490-C.dwgWGM/DAV/DAPDAV/SMR1 10-12-21 ADD DIMENSION LINES TO BUILDINGS WITHIN FLOOD ZONE DAV 2 08-23-2023 REVISE SITE PLAN PER LANDSCAPE ARCHITECT CHANGES DAPPROPOSEDPROPERTY LINEMAJOR CONTOUREXISTINGLEGEND8FENCEXBOUNDMINOR CONTOUR10REFERENCE:KEY MAPNO SCALE(OSTERVILLE), MAELEVATIONS SHOWN HEREON AREBASED ON THE NORTH AMERICANVERTICAL DATUM OF 1988 (NAVD 1988)FLOOD ZONE AE (EL 12) AND ZONE X SHOWNON THIS DRAWING ARE A DIRECTREPRESENTATION OF THE GRAPHIC FLOODZONE BOUNDARIES SHOWN ON FEMA FIRMPANEL #25001C0544 EFFECTIVE 2014-07-16.PLEASE NOTE THAT SITE SPECIFICFLOODPLAIN BOUNDARIES MAY VARY DUE TODIFFERENT INTERPRETATIONS OF THESEBOUNDARIES. USERS ARE ADVISED TOVERIFY LOCATION OF THESE BOUNDARIESWITH THE DESIGNATED COMMUNITYFLOODPLAIN MANAGERS AND/OR FEMAPRIOR TO SITING ANY PROPOSEDSTRUCTURES.NORTHBAYROUTE 28MAIN STREETSEAPUIT RD.BUMPS RIVER RD.DRY WELLD4" SCH 40 PVC SEPTIC PIPE6" SCH 40 PVC DRAIN PIPESPOT GRADESDCONTOUR8+16.40PROPOSED ORCHARDAND MEADOW AREASZONING TABLEZONING DISTRICT:RESIDENTIAL RF-1SUBJECTLOT AREAREQUIREDEXISTING87,120 S.F.ASSESSORS MAP 95PARCEL 013-002FRONTAGE20 FT.87,193 ± S.F.289± FT.PROPOSEDNO CHANGEBUILDING SETBACK - ROAD30 FT.39.9± FT.(DWELLING)BUILDING SETBACK - ABUTTER WESTBUILDING SETBACK - ABUTTER EAST15 FT.98.0± FT.(DWELLING)15 FT.165.0± FT.(DWELLING)LOT COVERAGE 143,560± S.F. MAX.OR 50%3,379± S.F.(3.8%)15,583± S.F.(17.8%)BUILDING HEIGHT - DWELLING30 FT. MAX.OR 2.5 STY.22.7 ± FT.SEE ARCH.NO CHANGE43.6± FT.(DWELLING)32.6± FT.(ACCESSORY)65.3± FT.(GYM)1.PER WELLHEAD PROTECTION OVERLAY DISTRICT REQUIREMENTS.2.AREA TO BE NATURALIZED.MINIMUM LOT WIDTH125 FT.313± FT.NO CHANGEBUILDING SETBACK - REAR15 FT.92.9± FT.(DWELLING)52.6± FT.(ACCESSORY)EXISTING VEGETATION 126,158± S.F. MIN.OR 30%.38,991± S.F.26,109± S.F.(TO REMAIN)NATURAL VEGETATION 2------19,967± S.F.26,158± S.F. MIN.OR 30%.TOTAL NATURALLY VEGETATED 138,991± S.F.(44.7%)46,076± S.F.(52.8%)CLEANOUTc.o.BARNSTABLEMASSACHUSETTS STATE PLANE COORDINATE SYSTEM NORTH AMERICAN DATUM OF 1983, MAINLAND ZONE (NAD83 (2011) (MYCS2) EPOCH 2010.00)NATURAL VEGETATION08/28/2023