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HomeMy WebLinkAbout20230822-Quarterra-289110 NOI (1) NOTICE OF INTENT Emblem – Hyannis 35 Scudder Avenue, Barnstable, Massachusetts August 22, 2023 99 Summer Street, Suite 701 Boston, MA 02110 Prepared By: Pesce Engineering 43 Porter Lane West Dennis, MA 02760 Ed@PesceEng.com 508-833-7630 ILEX Environmental, Inc. kbarnicle@ILEXenvironmental.com 508-843-7981 August 22, 2023 Barnstable Conservation Commission 230 South Street Hyannis, MA 02601 Re: Notice of Intent Emblem Hyannis, 35 Scudder Avenue Barnstable (Hyannis), Massachusetts Dear Members of the Commission: Quarterra is pleased to submit the enclosed Notice of Intent for the development of a new multifamily residential community occupying an portion of the parcel currently known as 35 Scudder Avenue in the Village of Hyannis, Town of Barnstable, Massachusetts submitted pursuant to the Massachusetts Wetlands Protection Act and the Barnstable Wetlands Protection Ordinance (Chapter 237). This new multi-family residential community will be located within walking distance of downtown Hyannis – an area that has a shortage of affordable year-round housing options for many of Cape Cod’s residents and will include the construction of approximately 312 new rental homes. The development is located primarily outside of wetlands jurisdiction. Work within jurisdiction includes the construction of the access driveway (in area presently consisting of paved parking), emergency access, stormwater management basins and parking, grading associated with buildings, and over 9.82 acres of restoration of land previously altered by the golf course. As the 50-foot buffer zones from the wetland resource areas at the Site have been disturbed due to the golf course, there does not exist a “50 foot undisturbed buffer zone” as regulated by Wetlands Ordinance Section 704-3. Nonetheless, the Project includes an extensive 9.82 acres of restoration, which includes restoration in Coastal Bank and Land Subject to Coastal Storm Flowage. All buffer zones will be restored in accordance with Section 704-3 to the full extent possible. A partial Waiver from Section 704-3.C is requested for the proposed stormwater basins to be located within the 50-foot buffer zone to the Coastal Bank. We have enclosed the following filing fee checks: •Town of Barnstable (Bylaw fee including NOI Waiver request fee........................... $1,850.00 •Town of Barnstable (Town share of fee).................................................................. $1,970.00 •Commonwealth of Massachusetts (State share of fee – sent to lockbox) .............. $1,945.00 We look forward to presenting the project to the Barnstable Conservation Commission on September 5, 2023. Please do not hesitate to let us know if you have any questions or need additional information. Very truly yours, Daniel Lee Division President, Northeast Dan.lee@quarterra.com 857-343-8240 Cc: DEP Lockbox (State Fee) MassDEP – SERO Wes Finch, TFG Hyannis Hospitality, LLC Notice of Intent Form wpaform3.doc • rev. 6/18/2020 Page 1 of 9 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 and the Town of Barnstable Wetlands Ordinance Chapter 237 Provided by MassDEP: MassDEP File Number Document Transaction Number Barnstable (Hyannis) 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): 35 Scudder Avenue a. Street Address Hyannis (Barnstable) b. City/Town 02601 c. Zip Code Latitude and Longitude: 41.643954 d. Latitude -70.296224 e. Longitude 289 f. Assessors Map/Plat Number 110 g. Parcel /Lot Number 2. Applicant: Dan a. First Name Lee b. Last Name Quarterra c. Organization 99 Summer Street d. Street Address Boston e. City/Town MA f. State 02110 g. Zip Code 561-596-5618 h. Phone Number i. Fax Number Dan.lee@quarterra.com j. Email Address 3. Property owner (required if different from applicant): Check if more than one owner Wes a. First Name Finch b. Last Name TFG Hyannis Hospitality LLC c/o TFG Hotels & Resorts Inc. c. Organization 35 Scudder Avenue d. Street Address Hyannis e. City/Town MA f. State 02601 g. Zip Code 561-998-0700 h. Phone Number i. Fax Number wfinch@thefinchgroup.com j. Email address 4. Representative (if any): Edward L. a. First Name Pesce, P.E. b. Last Name Pesce Engineering & Associates, Inc. c. Company 43 Porter Lane d. Street Address West Dennis e. City/Town MA f. State 02670 g. Zip Code 508-333-7630 h. Phone Number i. Fax Number epesce@comcast.net j. Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $3,915 a. Total Fee Paid $1,945 b. State Fee Paid $1,970 c. City/Town Fee Paid wpaform3.doc • rev. 6/18/2020 Page 2 of 9 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 and the Town of Barnstable Wetlands Ordinance Chapter 237 Provided by MassDEP: MassDEP File Number Document Transaction Number Barnstable (Hyannis) City/Town A. General Information (continued) 6. General Project Description: Development of a new multi-family residential community with 312 new homes located in thirteen three-story multi-family residential buildings together with parking, recreational clubhouse (with fitness center and pool) and an approximate 9.82 acre restoration plan. Work in jurisdictional areas (such as buffer zones) includes the access driveway, emergency access, stormwater basins, a small area of parking, and the restoration work. 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) Emergency access and entrance driveway with utilities 310 CMR 10.53(3)(d) and (e) 2. Limited Project Type If the proposed activity is eligible to be treated as an Ecological Restoration Limited Project (310 CMR10.24(8), 310 CMR 10.53(4)), complete and attach Appendix A: Ecological Restoration Limited Project Checklist and Signed Certification. 8. Property recorded at the Registry of Deeds for: Barnstable a. County b. Certificate # (if registered land) 22498 c. Book 0088 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 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 and the Town of Barnstable Wetlands Ordinance Chapter 237 Provided by MassDEP: MassDEP File Number Document Transaction Number Barnstable (Hyannis) 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 Joshua’s Brook and Stewart’s Creek (Inland) 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: 944,380 s.f. (21.68 acres) square feet 4. Proposed alteration of the Riverfront Area: 163,742 s.f. 3.76 acres a. total square feet 20,865 s.f. 0.48 acres b. square feet within 100 ft. 142,877 s.f. 3.28 acres 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 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 and the Town of Barnstable Wetlands Ordinance Chapter 237 Provided by MassDEP: MassDEP File Number Document Transaction Number Barnstable (Hyannis) 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 143,620 s.f. (3.30 ac) 1. square feet Restoration work only 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 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 and the Town of Barnstable Wetlands Ordinance Chapter 237 Provided by MassDEP: MassDEP File Number Document Transaction Number Barnstable (Hyannis) 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 Phone: (508) 389-6360 2021 (15th ed.) 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 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 and the Town of Barnstable Wetlands Ordinance Chapter 237 Provided by MassDEP: MassDEP File Number Document Transaction Number Barnstable (Hyannis) 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 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 and the Town of Barnstable Wetlands Ordinance Chapter 237 Provided by MassDEP: MassDEP File Number Document Transaction Number Barnstable (Hyannis) 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 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 and the Town of Barnstable Wetlands Ordinance Chapter 237 Provided by MassDEP: MassDEP File Number Document Transaction Number Barnstable (Hyannis) 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. See list of Attachments a. Plan Title b. Prepared By c. Signed and Stamped by d. Final Revision Date 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: #2016 2. Municipal Check Number August 4, 2023 3. Check date #2017 4. State Check Number August 4, 2023 5. Check date Pesce Engineering 6. Payor name on check: First Name Pesce Engineering 7. Payor name on check: Last Name NOI Wetlands Transmittal Form and Filing Fees noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. A. Applicant Information 1. Location of Project: 35 Scudder Avenue a. Street Address Hyannis (Barnstable) b. City/Town c. Check number d. Fee amount 2. Applicant Mailing Address: Dan a. First Name Lee b. Last Name Quarterra c. Organization 99 Summer Street d. Mailing Address Boston e. City/Town MA f. State 02110 g. Zip Code 561-596-5618 h. Phone Number i. Fax Number Dan.lee@quarterra.com j. Email Address 3. Property Owner (if different): Wes a. First Name Finch b. Last Name TFG Hyannis Hospitality LLC c/o TFG Hotels & Resorts Inc c. Organization 35 Scudder Avenue d. Mailing Address Hyannis e. City/Town MA f. State 02601 g. Zip Code 561-998-0700 h. Phone Number i. Fax Number wfinch@thefinchgroup.com j. Email Address To calculate filing fees, refer to the category fee list and examples in the instructions for filling out WPA Form 3 (Notice of Intent). B. Fees Fee should be calculated using the following process & worksheet. Please see Instructions before filling out worksheet. Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. Step 2/Number of Activities: Identify the number of each type of activity. Step 3/Individual Activity Fee: Identify each activity fee from the six project categories listed in the instructions. Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2) times the fee per category (identified in Step 3) to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be multiplied by 1.5 and then added to the subtotal amount. Step 5/Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step 6/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract $12.50. To calculate the city/town share of the fee, divide the total fee in half and add $12.50. noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 2 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Fees (continued) Step 1/Type of Activity Step 2/Number of Activities Step 3/Individual Activity Fee Step 4/Subtotal Activity Fee Driveway (Category 2.j.) 1 $500 $500 Emergency Access (Category 2.j.) 1 $500 $500 Stormwater Basins (Category 2.g.) 2 $500 $1,000 Parking (Category 2.b.) 1 $500 $500 Restoration Work (Category 1.d.) 1 $110 $110 Riverfront Area (50%) 1 $2,610 $1,305 Step 5/Total Project Fee: $3,915 Step 6/Fee Payments: Total Project Fee: $3,915 a. Total Fee from Step 5 State share of filing Fee: $1,945 b. 1/2 Total Fee less $12.50 City/Town share of filling Fee: $1,970 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.) Directions to Site Notice of Intent Emblem-Hyannis Directions to Project Location Applicant: Quarterra Project Location: 35 Scudder Avenue, Hyannis • Starting at Town Hall, 367 Main Street, Hyannis • Exit the Town Hall parking lot to the north - onto Main Street heading west • Proceed approximately 0.8 miles to the West End Rotary • Take your third right onto Scudder Avenue • Proceed to the Resort & Conference Center at Hyannis • Entrance to the golf course is at the back parking lot, to the right side of the conference center (if facing the center) Permission to Access Property Town of Barnstable Conservation Commission 230 South Street Hyannis Massachusetts 02601 Form PA Office:508-862-4093 E-mail:conservation@town.barnslable.ma.us Permission to Access Property Wes Finch,TFG Hyannis Hospitality LLC c/TFG Hotels &Resorts Inc.Property owner's name(s): Applicant’s (Representative’s)Name(s)Dan Lee, Division President.Quarterra Project street address 35 Scudder Avenue, Hyannis Barnstable Assessor’s Map &Parcel: Applicant’s Contact Phone Number:(561)596-5618 Map 289 Parcel 110 ACCESS TO PROPERTY PERMISSION As the Owner(s)of the above referenced property,I/we have been advised that under the provisions of the 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 l/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. I have read the above and I understand and agree to allow inspections as described. u 4- Signature of property owner Date signed Representative’s signature Date signed .-\Jopted March 15,2022,oiTeciivc April 18.2022. 6/12/23 Chapter 707 Checklist 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 Chap 707/rev. March 2022 Page 2 a.Contact the Conservation Division office at (508) 862-4093 regarding the docketing process, or see current schedule of Conservation Hearings and submission deadlines at: www.townofbarnstable.us/Conservation/ b.Provide a copy of the list of abutters within a 100 ft radius of the project parcel. c.Provide a copy of the Assessor’s Map indicating the parcel of the project site and showing the 100 ft radius of the project parcel. d.Provide a copy of the abutter notification letter. Use t he form letter provided in our Abutter Notification Regulation (Chapter 706), available on the Conservation Division website. e.Bring the green return receipts, from the certified mai lings to the abutters, as proof of notification to the public hearing. If any mailings are returned, bring the entire envelope, indicating by postal service stamp the reason for return. You will retain the receipts afterwards, not the Conservation Division. f.I further certify under the penalties of perjury that all abutte rs were notified of the Notice of Intent Application, pursuant to the requirements of Chapter 237 of the General Ordinances of the Code of the Town of Barnstable. Notice must be made in writing by certified mail to all abutters within 100 ft of the property line of the project location. _______________________________________ Signature of Applicant or Representative Date 3.Field Staking: a.On or before Tuesday, @ 8:30 a.m., one week prior to the scheduled public hearing, have your project staked by a professional engineer or registered land surveyor showing all outside corners of all proposed structures and the continuous proposed “limit of work” line. b.Have a wetland scientist or other qualified professional flag all wetland res ource areas on or within 100 ft of the work area. Make sure that the flags are sequentially numbered. c.Provide a project identification stake with bright painted top and applicant name and address, easily visible from the street approaching the site. 4.Legal Advertisement Fees: a.Conservation will submit the legal ad for publication in a local newspaper. The applicant or his/her agent is responsible for payment, by check (payable to the Town of Barnstable), at the hearing or by mail. The cost of the legal ad will be pre-calculated and posted on the hearing agenda prior to the hearing. 5.Minimum Documentation for a Complete Application: a.Provide a completely filled-out (in all parts) NOI application as locally adopted for the Town of Barnstable, including MassDEP Vegetated Wetland Field Data Form. Indicate Assessor’s map and parcel of the project, as well as the street or road address, and pertinent village (i.e., Hyannis, Centerville, Barnstable, etc). b.Provide two (2) original project plans, stamped in blue or red ink (wet stamp). Plans must be signed and dated by a Massachusetts licensed, professional engineer, land surveyor, architect or landscape architect (as applicable), and shall be drawn at a readable scale (1" = 20' preferred). For multi-acre sites, a second site plan, drawn at larger scale showing the entire site, should also be provided. Chap 707/rev. March 2022 Page 3 c.Provide a signed Permission to Access Property, Form PA. The form must be signed by the property Owner, or legal representative and submitted prior to NOI being docketed and application advertised. Form PA is available at www.townofbarnstable.us/Conservation/. Do not send the abutter letter out until the form is submitted to the Conservation Division office. d.For projects requiring mitigation plantings under Chapter 704 -3, 704-4, and 704-5, mitigation planting location(s) shall clearly be shown on landscaping planting plan. The planting plan shall include species list (chosen from the Town of Barnstable Conservation Commission approved planting lists), sizes, densities and/or quantities. The plan shall also provide area calculations between 0 to 50 and 50 to 100 separately for the amount of mitigation planting required, and the amount of mitigation planting proposed. e.Provide detailed, written street directions to the locus (site). f.Provide a copy of a U.S.G.S. locus map indicating the general area of the project site. g.Provide a check for the Town of Barnstable portion of the required filing fee. (The portion payable to the Commonwealth, see 7. e. below) h.Provide any other documentation, photographs, architectural renderings or other supporting data prepared by professionals competent in 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; Chap 707/rev. March 2022 Page 4 d.Provide seven (7) additional copies of the NOI (with folded plans and all pertinent data attached) to the Barnstable Conservation Division Office for distribution to, and review by, Conservation Commission members. Any supplementary documentation for administrative and commission review should be submitted as soon as possible prior to the scheduled public hearing.* e.Mail one (1) copy of the complete NOI with plan(s) to the Massachusetts Department of Environmental Protection (MassDEP) Southeast Regional Office, 20 Riverside Dr., Lakeville, MA 02346. Send MassDEP portion of filing fee to: MA Department of En vironmental Protection, Box 4062, Boston, MA 02211. f.For roadway construction or repair projects, provid e one electronic copy of the NOI and plans to the Senior Project Manager Special Projects, c/o the Town of Barnstable Department of Public Works, 382 Falmouth Road, Hyannis, MA 02601. g.For coastal piers, dredging, coastal engineering structures or other coastal erosion control projects, provide two hard copies of the NOI and plans to the Shellfish Biologist, c/o Town of Barnstable Natural Resources, 1189 Phinney’s Ln., Centerville, MA 02632. In addition, email a (PDF) version to: 1)shellfishNOI@town.barnstable.ma.us. (Email must be sent the same day as submission to the Conservation Division); and 2)conservationprojects@town.barnstable.ma.us h.Also, for coastal piers, dredging, coastal engineering structures, provide two hard copies of the NOI and plans to the Harbormaster, c/o Town of Barnstable Marine and Environmental Affairs (MEA), 1189 Phinney’s Ln., Centerville, MA 02632. In addition, email a (PDF) version to: 1)harbormaster@town.barnstable.ma.us. (Email must be sent the same day as submission to the Conservation Division); and 2)conservationprojects@town.barnstable.ma.us Note: Please title the file for your NOI project as follows: a. Submission date, b. Last name of applicant, c. Map/parcel of property, e.g., 082316-Smith-076024. *Note: If a revised plan needs to be submitted prior to a hearing, please follow same instructions as 7. b. above (and submit to other entities as may be applicable). Plan revisions must be clearly noted and dated in the revision block. (The same individual who stamped the original plan must also stamp and sign the revised plan). Submitted this day of in the year in accordance with the Town of Barnstable “Regulation Governing Minimum Submission Requirements for a Notice of Intent Application” by: (Print Name) Owner / Applicant Signature Telephone Number Owner’s Authorized Agent Signature Telephone Number Approved: May 28, l997 Revised: May 12, 2015 Revised: August 23, with minor rev. Sept. 6, 2016 Revised March 15, 2022 Abutter Information and Notification PESCE ENGINEERING & ASSOCIATES, INC. 43 Porter Lane Plymouth, MA 02360 Phone 508-333-7630 Ed@PesceEng.com August 7, 2023 TO: The Abutters of The Resort and Conference Center at Hyannis 35 Scudder Ave., Hyannis, MA, Assessor’s Map #289, Parcel #110 SUBJECT: Notification to Abutters for a Notice of Intent (NOI) Application TO WHOM IT MAY CONCERN, In accordance with State Law; M.G.L. Chapter 131, Section 40, the DEP Guide to Abutter Notification, dated April 8, 1994, and the Town of Barnstable Wetland Regulations, you are hereby notified that an NOI application has been filed with the Barnstable Conservation Commission. Additional information is as follows: APPLICANT: Quarterra Multifamily Communities ADDRESS: 99 Summer Street, Suite 701, Boston, MA 02110 PROJECT LOCATION: 35 Scudder Avenue, Hyannis MA PROJECT DESCRIPTION: This NOI application involves the proposed construction of multifamily apartment buildings along with a community pool, clubhouse, associated driveway access, parking areas, and stormwater management systems, per the site plans dated August 1, 2023 submitted with the NOI application. APPLICANTS' AGENT: Edward L. Pesce, P.E., Pesce Engineering & Associates, Inc., West Dennis, MA PUBLIC HEARING: Tuesday afternoon, August 22, 2023 @ 6:30 PM via Zoom link remote access: https://townofbarnstable-us.zoom.us/j/81937192514 Or by telephone number and access code for telephone participation. Please consult the following Town of Barnstable Conservation Commission link for access to the meeting agenda with these numbers (this agenda will be available in the future before the hearing date): https://www.townofbarnstable.us/boardscommittees/ConservationCommiss ion/default.asp?brd=Conservation+Commission&year=2023 Plans for this project and information describing the proposed activity are on file with the Conservation Commission. Sincerely, Edward L. Pesce, P.E. 3,300.00 Conservation Notice of Intent (NOI) Abutter Map for Subject Parcel 289110 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. 138 Town of Barnstable GIS Unit 275 8/1/2023 gis@town.barnstable.ma.us Printed on: 0 ft.275 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 ABUTTERS LIST CERTIFICATION DATE: August 10, 2023 RE: Abutter List For Parcel(s) : 289-110 As requested, I hereby certify the names and addresses as submitted on the attached sheet(s) as required under Chapter 40A, Section 11 of the Massachusetts General Laws for the above referenced parcels as they appear on the most recent tax list with mailing addresses supplied. Board of Assessors Town of Barnstable Town of Barnstable Assessing Division 367 Main Street, Hyannis MA 02601 www.townofbarnstable.us Office: 508-862-4022 R. Lane Partridge, MAA FAX: 508-862-4722 Director of Assessing Conservation Notice of Intent (NOI) Abutter List for Subject Parcel 289110 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 288142 BUSIAS, ELAINE M 297 STONEY CLIFF RD CENTERVILLE 02632MA 288156 JENSEN, GEORGE W & DONNA M 24 ELKWAY NORWOOD 02062MA 288158 CONROY, LYNNE & COLFORD, ROBERT 67 FIDDLER'S CIR HYANNIS 02601MA 288165 FIDDLERS 57 LLC 134 ACRE HILL ROAD BARNSTABLE 02630MA 288166001 GALLAGHER, HELEN C 47 FIDDLERS CIRCLE HYANNIS 02601MA 288166002 HARRIS, MICHAEL C, CURTIN, CHERYL & CURTIN, JAMES TRS POST OFFICE BOX 1960 WAKEFIELD 01880-4929MA 288167 DINEEN, RENEE 37 FIDDLERS CIRCLE HYANNIS 02601MA 289045 WEBER, DONNA & JEFFREY 118 SCUDDER AVE HYANNIS 02601MA 289046 MASON, FRANCIS J III & WIINIKAINEN, MICH 100 SCUDDER AVE HYANNIS 02601MA 289093003 BOOTH, CRAIG A 11 GREENWOOD AVENUE HYANNIS 02601MA 289110 TFG HYANNIS HOSPITALITY LLC C/O TFG HOTELS & RESORTS INC 35 SCUDDER AVENUE HYANNIS 02601MA 289111 DAVIDSON, KATHERINE C/O SIMMONS, WAYNE 328 TORREY ST BROCKTON 02301MA 289112 DAWKINS, SANDY T REILLY, STEPHEN W 28 GREENWOOD AVENUE HYANNIS 02601MA 289113 JOHNSON, DENISE T 38 GREENWOOD AVENUE HYANNIS 02601MA 8/1/2023 11:03 PMReport Generated On:Page 1 of 4 49Total 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 AVENUE 289114 DEPAULA, MAXIMILIANO 64 GREENWOOD AVENUE HYANNIS 02601MA 289118 SACCOCIA, DAVID N ESTATE OF C/O SACCOCIA, BEVERLY PO BOX 386 DENNIS 02638MA 289119001 WILLETT, ROBERT G 31 PAINE AVENUE HYANNIS 02601MA 289138 HYANNIS SERIES FOUR LLC PO BOX 342 HYANNIS 02601MA 289139001 MAUCH, ROBERTA E P O BOX 995 BARNSTABLE 02630MA 289139002 WHITCOMB, CHARLES A JR TR THE 82 GREENWOOD AVENUE TRUST 88 GREENWOOD AVENUE HYANNIS 02601MA 290098 ROCKLAND TRUST COMPANY 288 UNION STREET ROCKLAND 02370MA 290099 ANK REALTY LLC 775 MAIN STREET HYANNIS 02601MA 290100 SMITH HEIRS REAL ESTATE COMPANY LLC C/O CAIN, KEVIN C C/O KEVIN C CAIN 53 STATE STREET SUITE 1305 BOSTON 02109MA 290101001 WM STURGIS FRIENDS OF ED FOUND, INC 427 MAIN STREET HYANNIS 02601MA 290112 SMITH HEIRS REAL ESTATE COMPANY LLC C/O CAIN, KEVIN C C/O KEVIN C CAIN 53 STATE STREET SUITE 1305 BOSTON 02109MA 306068 BLANK, GARY N, LISA S & LORI S TRS 11 STETSON LANE NOMINEE TRUST 449 ROUTE 130 SANDWICH 02563MA 306069 CAPIZZI, SIOBHAN & THEDFORD, MEGHAN TRS THOMAS & DEBORAH OMALLEY FAM IRREV TRS 21 SURREY LANE TOPSFIELD 01983MA 306230 MOSCA, LAELZIO F 135 CEDAR STREET WEST BARNSTABLE 02668MA 306231 SIGUENCIA, CARLOS 87 NAUTICAL ROAD HYANNIS 02601MA 8/1/2023 11:03 PMReport Generated On:Page 2 of 4 49Total 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 307033 GLEESON, DEBORAH A 77 SEABROOK ROAD HYANNIS 02601MA 307036 BARNSTABLE, TOWN OF (CON) CONSERVATION COMMISSION 200 MAIN STREET HYANNIS 02601MA 307055 BROWN, JEFFREY H & LAURIE E 50 WOODBURY AVE HYANNIS 02601MA 307056 BROWN, JEFFREY H & LAURIE E 50 WOODBURY AVENUE HYANNIS 02601MA 307057 MITCHELL, FRED F JR & LORRAINE TRS MITCHELL REALTY TRUST 11 FALCON ST NEEDHAM 02192MA 307087 FAMIGLIETTE, GARY & LORI 67 MAPLE AVE HYANNIS 02601MA 307088 GERANGAYA, MICHAEL & ERLE 552 FIRST AVENUE WEST HAVEN 06850CT 307089 BROECKER, ELIZABETH S TR DUMONT DRIVE REALTY TRUST 819 TANGERINE WOODS BLVD ENGLEWOOD 34223-6028FL 307090 SMITH, PETER G & DIANE L 86 DUMONT DRIVE HYANNIS 02601MA 307091 BARBOZA, PETER D, TRUSTEE THE PETER D BARBOZA FAMILY TRUST 94 DUMONT DRIVE HYANNIS 02601MA 307092 WEAVER, MATTHEW D 100 DUMONT DRIVE HYANNIS 02601MA 307093 DOYLE, MARIA MORRIS-15 LANTERN LANE MILFORD 01757MA 307231 MUSHINSKY, SOPHIE & ALBERT 40 WOODMERE RD FRAMINGHAM 01701MA 307232 HURTT, BRUCE C & LINDA C 48 WOODBURY AVE HYANNIS 02601MA 307273 PICCIRILLI, DAVID R & ALEXANDRA M 26 NELSON WAY MANSFIELD 02048MA 307274 QUEALY-WASSER, SUSAN 43 FOREST GLEN HYANNIS 02601MA 8/1/2023 11:03 PMReport Generated On:Page 3 of 4 49Total 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 307275 GAUTHIER, CATHY M 27 JANICE LANE HYANNIS 02601MA 307276 BAKER, WALTER E III 21 JANICE LANE HYANNIS 02601MA 308144 BAYBANK ATTN:CORP R E ASSESSMENTS NC1-001-03-81 101 N TRYON ST CHARLOTTE 28255NC 308149 AYLWARD, PHILLIP T & WENDY G 43 POTTER AVENUE HYANNIS 02601MA 8/1/2023 11:03 PMReport Generated On:Page 4 of 4 49Total 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 Project Narrative NOTICE OF INTENT Emblem-Hyannis, 35 Scudder Avenue Barnstable, Massachusetts PROJECT NARRATIVE Notice of Intent – Emblem - Hyannis Page i • Notice of Intent Form • NOI Wetland Transmittal Form and Filing Fees • Directions to Site • Permission to Access Property • Chapter 707 Checklist • Abutter Information and Notification 1.0 Introduction .....................................................................................................................1-1 2.0 Existing Conditions ...........................................................................................................2-1 2.1 Land ............................................................................................................................................ 2-1 2.2 Soils ............................................................................................................................................ 2-1 2.3 Rare Species and Vernal Pools ................................................................................................... 2-3 2.4 Uplands ....................................................................................................................................... 2-3 2.5 Wetlands .................................................................................................................................... 2-4 2.6 Groundwater and Nitrogen Loading .......................................................................................... 2-4 3.0 Proposed Project ..............................................................................................................3-1 3.1 Site Access .................................................................................................................................. 3-1 3.2 Stormwater Management .......................................................................................................... 3-3 3.3 Grading Associated with Buildings ............................................................................................. 3-3 3.4 Utilities ....................................................................................................................................... 3-3 3.5 Landscaping ................................................................................................................................ 3-4 3.6 Restoration Work ....................................................................................................................... 3-4 3.7 Open Space and Recreation ....................................................................................................... 3-7 3.8 Parking and Transportation ........................................................................................................ 3-7 4.0 Wetland Resource Areas ...................................................................................................4-1 4.1 Land Subject to Coastal Storm Flowage ...................................................................................... 4-4 4.2 Land Under Waterways .............................................................................................................. 4-4 4.3 Land Under Water Bodies/Pond/Surface Water Body............................................................... 4-5 4.4 Inland Bank (Naturally Occurring) .............................................................................................. 4-6 4.5 Bordering Vegetated Wetland .................................................................................................... 4-7 4.6 Coastal Bank ............................................................................................................................... 4-9 4.7 Riverfront Area ......................................................................................................................... 4-14 4.8 Non-Jurisdictional Vegetated Area .......................................................................................... 4-15 4.9 Waiver Request ........................................................................................................................ 4-16 5.0 Riverfront Area Alternatives Analysis ................................................................................5-1 5.1 Protection of Other Resource Areas (310 CMR 10.58(4)(a)) ...................................................... 5-3 5.2 Protection of Rare Species (310 CMR 10.58(4)(b)) .................................................................... 5-3 5.3 Practicable and Substantially Equivalent Economic Alternatives (310 CMR 10.58(4)(c)) .......... 5-3 5.3.1 Practicable ..................................................................................................................... 5-3 5.3.1.1 Costs .............................................................................................................. 5-3 Notice of Intent – Emblem - Hyannis Page ii 5.3.1.2 Existing Technology ....................................................................................... 5-3 5.3.1.3 Proposed Use ................................................................................................. 5-4 5.3.1.4 Logistics ......................................................................................................... 5-5 5.3.2 Scope and Evaluation of Alternatives ........................................................................... 5-5 5.3.2.1 No Build ......................................................................................................... 5-6 5.3.2.2 Proposed Project ........................................................................................... 5-6 5.3.2.3 Previous Project Designs ............................................................................... 5-6 5.3.2.4 Alternative Lower Density Residential Design ............................................... 5-7 5.3.2.5 Alternative Higher Density Multifamily Residential Design .......................... 5-8 5.4 No Significant Adverse Impact (310 CMR 10.58(4)(d)) .............................................................. 5-8 5.5 Redevelopment with Riverfront Area ........................................................................................ 5-9 5.6 Summary .................................................................................................................................. 5-11 6.0 Construction Phasing, Stormwater, and Erosion Control ....................................................6-1 6.1 Construction Phasing .................................................................................................................. 6-1 6.2 Stormwater ................................................................................................................................ 6-1 6.3 Erosion Control ........................................................................................................................... 6-2 List of Tables Table 1: Proposed Work Subject to Jurisdiction ..................................................................................... 4-3 Table 2: Existing Riverfront Area Impacts .............................................................................................. 5-1 Table 3: Proposed Riverfront Area Impacts ........................................................................................... 5-1 Table 4: Proposed Riverfront Impacts by Activity .................................................................................. 5-2 List of Figures Figure 1: USGS Locus Map ...................................................................................................................... 1-2 Figure 2: Proposed Project ..................................................................................................................... 1-3 Figure 3: Existing Conditions .................................................................................................................. 1-4 Figure 4: Conservation Restriction Plan ................................................................................................. 1-5 Figure 5: NRCS Soils Map ........................................................................................................................ 2-2 Figure 6: NHESP Estimated and Priority Habitat Mapping ..................................................................... 2-3 Figure 7: Work in Riverfront Areas ......................................................................................................... 3-2 Figure 8: Landscaping Plan ..................................................................................................................... 3-5 Figure 9: Detailed Restoration Work ...................................................................................................... 3-6 Figure 10: Wetland Resource Areas ....................................................................................................... 4-2 Figure 11: FEMA Flood Plain ................................................................................................................... 4-5 Figure 12: Mitigation for Work in Disturbed Buffer Zone of Northeast Pond ....................................... 4-7 Figure 13: Mitigation for Work in Disturbed Buffer Zone of BVW ......................................................... 4-9 Figure 14: Mitigation for Work in Disturbed Buffer Zone of Coastal Bank – Access Driveway ............ 4-12 Figure 15: Mitigation for Work in Disturbed Buffer Zone of Coastal Bank – Basin 1 ........................... 4-13 Figure 16: Mitigation for Work in Disturbed Buffer Zone of Coastal Bank – Basin 2 ........................... 4-14 Notice of Intent – Emblem - Hyannis Page iii List of Appendices Appendix A: Restoration Plan Appendix B: Nitrogen Loading Calculations Appendix C: Wetland Delineation Forms Appendix D: Isolated Land Subject to Flooding Calculations List of Attachments (under separate cover) Attachment A Drainage Analysis Stormwater Report Attachment B Site Plans Attachment C Landscape Plans NOTICE OF INTENT Emblem-Hyannis, 35 Scudder Avenue Barnstable, Massachusetts PROJECT NARRATIVE Notice of Intent – Emblem - Hyannis Page 1-1 1.0 Introduction Quarterra (the Proponent) proposes to construct a new multifamily residential community on a portion of the 39.6-acre parcel located at 35 Scudder Avenue in the Village of Hyannis (see Figure 1) in the Town of Barnstable, Massachusetts known as Emblem-Hyannis (the Project or Redevelopment). Presently the existing assessor’s parcel consists of a 53.9 acres (Existing Parcel) which will be divided into the Emblem-Hyannis parcel (39.6 acres; the Project Site) and the Hotel & Conference Center parcel (14.3 acres; Conference Center Parcel). The Project Site comprises the Twin Brooks Golf Course which is adjacent to and operated in connection with the existing Resort and Conference Center at Hyannis (the Conference Center) at 35 Scudder Avenue. The Project will include the construction of approximately 312 new rental homes located in thirteen three-story multifamily residential buildings (with 24 homes each), together with 493 parking spaces, a recreational clubhouse containing a fitness center, a pool, and other amenities, green open space, and improvements that are accessory to such multifamily use (see Figure 2). The Project Site is bordered by the existing Conference Center and Scudder Avenue to the north, Stewart’s Creek to the east, and Joshua’s Brook to the west (see Figure 3). The development is located primarily outside of wetlands jurisdiction. Work within jurisdiction includes the construction of the access driveway (in area consisting of paved parking), emergency access, stormwater management basins, and grading associated with the buildings. Of the 39.6 acres, 17.66 will consist of development and the remaining 21.94 acres will be placed in a Conservation Restriction (see Figure 4). For the development, work is proposed within the already disturbed Riverfront Area and coastal flood plain and within the buffer zones to Coastal Bank, Bordering Vegetated Wetland, and Land Under Water. All other redevelopment work is located outside of the jurisdiction of the Massachusetts Wetlands Protection Act (WPA) and the Barnstable Wetlands Protection Ordinance (Chapter 237; Wetlands Ordinance). As part of the extensive review and permitting process with the Cape Cod Commission, restoration of approximately 9.82 acres of the existing golf course is also proposed as mitigation for this Project (see Appendix A). Much of the restoration work is proposed within the Riverfront Area, Land Subject to Coastal Storm Flowage, Coastal Banks, and buffer zones of other wetland resource areas. If allowed, restoration will include the removal of invasive species within Land Under Water. A description of the existing Site conditions is included in Section 2.0. The proposed Project is described in Section 3.0. Wetland impacts are described further in Section 4.0. Section 5.0 provides the Riverfront Area alternatives analysis. Section 6.0 discusses the proposed stormwater design and erosion and sedimentation control measures. Notice of Intent – Emblem - Hyannis Page 1-2 Figure 1: USGS Locus Map Notice of Intent – Emblem - Hyannis Page 1-3 Figure 2: Proposed Project Notice of Intent – Emblem - Hyannis Page 1-4 Figure 3: Existing Conditions Notice of Intent – Emblem - Hyannis Page 1-5 Figure 4: Conservation Restriction Plan Notice of Intent – Emblem - Hyannis Page 2-1 2.0 Existing Conditions The proposed Project Site consists of the existing Twin Brooks Golf Course; an 18-hole public golfing facility, with scrub oak and scrub pine tree forest, together with multiple managed turf areas (tee boxes, fairways, sand traps, and greens). Waterways and waterbodies on the Site include Joshua’s Brook and Stewart’s Creek, which are perennial streams, and three ponds, all of which were artificially constructed. Wetland areas on and adjacent to the Site include vegetated wetlands bordering on the two streams, coastal flood plain, and Coastal Banks as described in Section 4.0. With one exception, there is no structural stormwater management system present at the golf course. Stormwater runoff currently flows unmanaged from land area at higher elevations along the north and center of the parcel (elevation 28 to 32 feet), to areas at lower elevations in the southeast and southwest where the streams (elevation 5 to 16 feet) are located along the Site’s perimeter. Existing stormwater basins are present near to the proposed Project entrance driveway associated with the existing parking area. These basins will continue to be used to treat stormwater. 2.1 Land The topography of the Site is relatively flat (from clearing activities to build the golf course), with some small hills, ranging in surface elevation from approximately 32 feet in elevation above mean sea level (MSL) at the high point near the center, to approximately to 5 feet in elevation along the southeastern side near Stewart’s Creek as shown on the existing conditions plans. There are moderate to steep-sided slopes between the uplands and wetlands adjacent to the two perennial streams. The Site is not located in a Massachusetts Department of Conservation and Recreation Area of Critical Environmental Concern (ACEC) or Outstanding Resource Waters (ORWs). There are no Designated Wild and Scenic Rivers mapped at the Site. As the Site has been used as a golf course since the 1960’s, there are no agricultural uses or resources at the Site. There are no Article 97 lands located within the Site. 2.2 Soils The USDA Natural Resource Conservation Service (NRCS) identifies soil map unit types at the Site as Carver coarse sand for upland areas and as either Freetown coarse sand or Freetown and Swansea mucks for wetland areas along both stream corridors (see Figure 5). For the wetland habitat at the most southern end of the Site, the soil type is mapped as Ipswich – Pawcatuck – Matunuck complex (0-2% slopes, very frequently flooded). Observed soil profiles during wetland delineation and documentation efforts were generally consistent with these soil descriptions. None of the soil classes identified for the Site are defined as Prime Farmland, Farmland of Unique Importance, or Farmland of Statewide Importance. Notice of Intent – Emblem - Hyannis Page 2-2 Figure 5: NRCS Soils Map Notice of Intent – Emblem - Hyannis Page 2-3 2.3 Rare Species and Vernal Pools This Site is not located within any mapped Priority Habitats of Rare Species or Estimated Habitats of Rare Wildlife as identified by the Division of Fisheries & Wildlife Massachusetts Natural Heritage and Endangered Species Program (NHESP) (see Figure 6). The nearest boundary of mapped EH (estimated habitat) and PH (priority habitat) is located approximately one-half mile to the south of the Site just offshore in Nantucket Sound. There are no mapped certified vernal pools (CVP) or potential vernal pools (PVP) located on the Site. The closest mapped vernal pool is a PVP located approximately 900 feet to the west of the Site. None of the golf course permanently inundated water hazards function as vernal pools. No State-listed rare plants or animals were encountered on the Site by field biologists performing wetland resource area identification and general habitat characterization fieldwork. Therefore, an application seeking compliance with the Massachusetts Endangered Species (MESA) and regulations is not required. Figure 6: NHESP Estimated and Priority Habitat Mapping 2.4 Uplands The majority of the Site is a golf course that includes all of the highly managed play areas and landscape features, both vegetated and unvegetated, that typically occur at a golf course including tee boxes, fairways, greens, and roughs (all of which are frequently mowed and irrigated), also sand traps, paved and unpaved cart paths, water features (or “hazards”), and small service structures. In addition to the highly managed play areas, upland cover types include managed woodland “in Notice of Intent – Emblem - Hyannis Page 2-4 course” and pitch pine-mixed oak woodland. The Project is located almost entirely within already altered areas including paved parking, managed play areas, and managed woodland. 2.5 Wetlands Wetlands at the Site include wooded swamp and Phragmites emergent marsh and shrubland. The wetlands, as they pertain to local and State jurisdiction, are discussed in Section 4.0 and include Land Subject to Coastal Storm Flowage, Coastal Bank, Land Under Waterways (perennial streams), Land Under Water bodies (ponds, local surface water bodies), Inland Bank (naturally occurring), Bordering Vegetated Wetlands, and Riverfront Area. 2.6 Groundwater and Nitrogen Loading According to the USGS groundwater maps for the area 1 and the local conditions (elevation at the brook/creek) the estimated elevation of the groundwater table at the Site is at approximately 5 feet in elevation above mean sea level (MSL). Based on existing land elevations, this provides a corresponding depth to groundwater from the surface ranging from 5 feet to 23 feet with the highest portion of the Site near the proposed clubhouse. The existing golf course presently uses approximately 194,000 gallons per day (gpd) for irrigation purposes during the irrigation season from a groundwater well is located in a small building the northeast corner of the Conference Center site. This well is a permitted and registered well with MassDEP under the Water Management Act. The existing well pumps about 8 mgy (million gallons per year) and the average daily withdrawal over the last two years is 194,000 gpd during the irrigation season. Other than the existing stormwater basins in the northwest corner, runoff is not presently managed at the Site. The amount of landscaped area to be irrigated (approximately 7.6 acres) will be a 45% reduction of the area presently being irrigated for the Twin Brooks Golf Course (27.9 acres) substantially reducing the amount of groundwater being pumped from beneath the Site. The estimated daily irrigation demand for the Project is 53,060 gpd, a reduction of approximately 138,000 gpd as compared to the existing use. This will also result in a net reduction of nitrogen loading over the existing conditions (see Appendix B). This Project will result in a net reduction of nitrogen loading over the existing conditions. Through the connection of all new buildings to the Barnstable sewer system, and the reduction in the site’s managed turf/grass areas (areas that are fertilized), the estimated nitrogen loading rate will be reduced from 5.43 parts per million (ppm) to 1.98 ppm. The Proponent also intends to use organic, slow-release fertilizer, rather than commercial chemical fertilizers. This will benefit the local wetland environment, and the downstream Stewart’s Creek watershed. 1 USGS. Ground-Water Resources of Cape Cod, Massachusetts, Atlas HA-692 (sheet 3 of 4), 1986. Notice of Intent – Emblem - Hyannis Page 3-1 3.0 Proposed Project The Project has been designed to integrate new housing into the surrounding community. The proposed residential buildings are situated around the central core of the Site, which permits the preservation of mature trees and shrubs along the perimeter. This layout includes abundant open space and amenities for residents, including a clubhouse, fitness center, pool, and sun deck. Plans of the proposed layout of the Project are attached to this Notice of Intent and shown on Figure 4. The development is located primarily outside of wetlands jurisdiction. Figure 7 highlights the proposed limit of work and the work areas subject to this Notice of Intent which are limited to the following activities: • Site access o Entrance driveway o Emergency access • Stormwater management basins • Grading associated with buildings • Landscaping • Utilities • Restoration Plans • Open Space and Recreation • Parking and Transportation This intentionally clustered design reduces the overall redevelopment footprint and provides a significant buffer from neighboring residences and wetlands to the new buildings. This proposed Site design will maximize the setbacks of the proposed buildings away from the edge of the existing wetland resources and Riverfront Areas that exist along the perimeter of the Site; an increase in the setback and buffer from the wetlands, as compared to the existing edge of the golf course and managed turf areas. With the reduction in overall development footprint through clustering of the buildings, this Project will increase the open space on the Site, and provide it as an unfragmented continuous perimeter around the Project to be protected through a Conservation Restriction. This will result in a net benefit to wildlife habitat, and provide a more continuous buffer to the wetlands. 3.1 Site Access The main access to the Project will be via a new driveway from an existing curb cut on Scudder Avenue in the northwest corner of the Project Site. The driveway is located where paved parking already exists with existing stormwater basins between the parking lot and the wetlands that handle runoff from the existing Conference Center parking lot. The Proponent has been working with the Town of Barnstable to reduce the width of this access driveway. All work associated with the access driveway is within jurisdiction. A more thorough discussion of the reduction of pavement proposed as part of this Project is provided in the Riverfront Area section (see Section 5.0). Underground utilities will be located beneath this driveway and landscaping including restoration work is proposed in the buffer zone. Notice of Intent – Emblem - Hyannis Page 3-2 Figure 7: Work in Riverfront Areas Notice of Intent – Emblem - Hyannis Page 3-3 An emergency access drive is proposed on the northeast side of the Site to be constructed of gravel. This will only be used for emergency access. Underground utilities will be located beneath this access. Underground utilities will be located beneath this access and landscaping including restoration work is proposed in the buffer zone. Only a portion of the emergency access drive is located within jurisdiction. 3.2 Stormwater Management The proposed stormwater design provides for the collection, treatment of total suspended solids (TSS), and infiltration of generated runoff. Best Management Practices (BMPs), as outlined in the Massachusetts Stormwater Handbook, are incorporated in the design. These include, deep sump hooded catch basins, four bioretention areas, a water quality treatment structure, and two infiltration basins. See Section 6.0 for more information of stormwater management. This Project will comply with the local Barnstable regulations and the provisions of the Wetland Protection Act as they pertain to stormwater management as fully outlined in the Stormwater Report included with this Notice of Intent. The two stormwater basins will be located within jurisdiction, with the 200-foot Riverfront Area. Grading associated with both basins will be located partially within the 100-foot Riverfront Areas. A portion of the grading will also be located within the buffer zone to Coastal Bank and inland pond. 3.3 Grading Associated with Buildings All buildings are located outside of wetlands jurisdiction. Grading and some parking associated with some of the buildings is proposed within the 200-foot Riverfront Area as outlined in Figure 7 with a minor amount proposed within the buffer zone to the Coastal Bank. Based on the Riverfront Area alternatives analysis provided in Section 5.0, this work is allowable under the provision that up to 10% of the existing Riverfront Area may be altered. 3.4 Utilities All the proposed utilities and associated infrastructure are to be located below ground to reduce impacts from storm events (including effects from wind, ice, and tree falls). Work within WPA And Wetlands Ordinance jurisdiction includes utilities to be constructed beneath the entrance and emergency access drives and the stormwater basins. All other utility work is located outside of jurisdiction. A summary of all utilities is provided here. • Sewer/Wastewater (Municipal): The Conference Center is presently serviced by municipal sewer. All sewage generated by the Project will be discharged to the municipal sewer system to the Barnstable Water Pollution Control Facility (BWPCF) for treatment. Mitigation for the use of this service includes a monetary contribution to the Town (for pump station improvements) which may be used to upgrade the Town’s wastewater treatment facilities to help prevent wastewater from affecting groundwater and coastal resources. • Water (Municipal): The Conference Center is presently serviced by municipal water. Water for the Redevelopment’s drinking water supply and fire protective services will be provided by the Notice of Intent – Emblem - Hyannis Page 3-4 Hyannis Water Division of the Barnstable Department of Public Works (DPW), via the existing water main infrastructure on Scudder Avenue. As required by the DPW, infrastructure for the water service shall be located not only beneath the access driveway but also beneath the emergency access in order to provide for a looped water service, which will allow for better maintenance and water quality of the water supply, but will also provide two points of supply if one side is not available in an emergency. • Electric (Eversource Electric): The Conference Center is presently serviced by electricity from Eversource Electric. The Project will be serviced also by serviced by Eversource Electric for heating, cooling, lighting, etc. • Well Water (Irrigation): An existing irrigation well was installed circa 1965 and is presently used to irrigate the golf course and service the Conference Center for non-potable water uses. Quarterra is working to determine if the existing irrigation well will be re-used for this Project, or if a new well will be installed on the Site. If a new irrigation well is to be installed, it will be registered with MassDEP and the Barnstable Board of Health for non-potable uses. 3.5 Landscaping The Project will be landscaped as provided in the landscaping plans attached to this Notice of Intent and shown on Figure 8. The majority of the landscaping is located outside of jurisdiction. The landscaping plans provided show both the landscaping associated with the development where plantings will be located in and around the buildings and parking areas and plantings associated with the Restoration Area. P 3.6 Restoration Work As part of the approval process with the Cape Cod Commission, a Restoration Plan (see Appendix A and Figure 9) is proposed which provides an outline of work for the restoration of approximately 9.82 acres of land that is presently active golf course as mitigation for the redevelopment of the Site. These 9.82 acres will be part of the 21.94 acre open space area that will be protected under a Conservation Restriction (see Figure 4). The restoration area is located between the main tree line which parallels both Joshua’s Brook and Stewart’s Creek and the limit of the proposed development. The restoration of the former golf course areas will have new plantings of trees, shrubs and ground cover with native species compatible to the area as outlined in the Restoration Plan. Approximately 144 trees (including a mixture of deciduous and evergreen trees) are proposed to be planted over the 9.82 acres restoration area. Additional trees will be planted in the development area so that in total, there will be approximately 350 trees planted on the Site. The areas to be restored will be planted with native species of trees, shrubs, and groundcover to help restore these areas, improve the vegetated buffers, and allow for a more natural appearance and environment. The plantings will improve the vegetated buffer and habitat for wildlife and allow these areas to return to a more natural state. This plan will be implemented by licensed landscape professionals who have experience in large-scale restoration projects. The following are goals and objectives of the Restoration Plan: Notice of Intent – Emblem - Hyannis Page 3-5 Figure 8: Landscaping Plan Notice of Intent – Emblem - Hyannis Page 3-6 Figure 9: Detailed Restoration Work Notice of Intent – Emblem - Hyannis Page 3-7 • Restore managed turf areas with native plantings • Create a more natural appearing environment • Enhance buffers between existing natural areas and areas to be developed • Increase habitat diversity • Create passive recreation opportunities through development of trail systems • Develop educational signage program • Create restored areas that are able to self-maintain without any interventions to allow for natural revegetation Restoration work is proposed with the Riverfront Areas, Coastal Banks, flood plain, possible invasive species removal in the man-made ponds, and buffer zone to the Bordering Vegetated Wetland. No restoration work is proposed within the streams or the Bordering Vegetated Wetlands. All restoration work is proposed in compliance with the performance standards of each of the wetland resource areas as described in Section 4.0. 3.7 Open Space and Recreation The proposed Project layout design maximizes open space by clustering the buildings in a compact setting as shown on Figure 4. Approximately 21.94 acres of open space will be maintained along the exterior of the Site near to the wetlands and perennial streams including a minimum 350-foot setback of the Project from the nearest residential building. The Proponent proposes to designate portions of the Project Site as restricted open space and is looking into the feasibility of making such a restriction perpetual in accordance with Massachusetts law by means of a permanent Conservation Restriction. 3.8 Parking and Transportation All parking is located outside the jurisdiction of the WPA and Wetlands Ordinance. This information is being provided in support of the Riverfront Area alternatives analysis provided in Section 5.0. The Site design directly ties into the Cape Cod Commission's Community Design Technical Bulletin's design intent in regard to parking. Parking is provided at a 1.5 space to home ratio for surface parking (468 total spaces for the apartments). These spaces are distributed evenly throughout the Site to create convenient resident accessibility from the residential building entrances, and parking will be assigned to each resident. Given guidance by the Town of Barnstable Planning staff, the Proponent has reduced parking spaces below what is required by zoning (22 less spaces) to allow for an enhanced community feeling with landscaping between the residential buildings and landscaped islands within the parking areas. In addition, the site design features a “clustered” approach that includes a dense central development area that efficiently reduces the overall footprint of the new impervious areas created by the Redevelopment. Notice of Intent – Emblem - Hyannis Page 4-1 4.0 Wetland Resource Areas Present at the Site are the following wetland resource areas, as defined in the regulations of the Massachusetts Wetlands Protection Act (MGL c. 131 §40, 310 CMR 10.00 or WPA) and the Town of Barnstable’s Wetlands Protection Ordinance (Barnstable Code c. 237 §237-1 to §237-14 or Wetlands Ordinance) as shown on Figure 10. • Land Subject to Coastal Storm Flowage • Coastal Bank • Land Under Waterways (perennial streams) • Land Under Water bodies (ponds, local surface water bodies) • Inland Bank (naturally occurring) • Bordering Vegetated Wetlands • Riverfront Area The Town of Barnstable’s wetland protection ordinances (hereinafter the Wetlands Ordinance) that may be applicable to the Project include: • Chapter 237 Wetlands Protection • Chapter 240-34 Zoning - Floodplain District • Chapter 240-7 Zoning - Application of District Regulations • Chapter 704 Regulation Governing Activity in the 100 ft. Buffer Zone Under Notice of Intent Applications • Chapter 705 Barnstable Conservation Commission Coastal Bank Definition & Delineation Policy • Chapter 707 Regulation Governing Minimum Submission Requirements for a Notice of Intent Application • Guidelines for Activities in Land Subject to Coastal Storm Flowage (LSCSF) The following sections describe each of the wetland resource areas located at the Site including the proposed work in these areas. Table 1 provides a summary of where work is proposed relative to the wetland resource areas and their associated buffer zones, if any. Relative to the Redevelopment, the majority of the work is not located within jurisdictional areas. • All buildings are located outside of jurisdiction • All roadways are located outside of jurisdiction except for the entrance driveway and a portion of the emergency access • Grading associated with some of the buildings is located within the 200-foot Riverfront Area • Proposed stormwater basins are located within the 200-foot Riverfront Area with minimal grading within the 100-foot Riverfront Area • Restoration work is proposed within the Riverfront Areas, Coastal Bank, flood plain, and man-made ponds (for invasive species removal only). Notice of Intent – Emblem - Hyannis Page 4-2 Figure 10: Wetland Resource Areas Notice of Intent – Emblem - Hyannis Page 4-3 Table 1: Proposed Work Subject to Jurisdiction Proposed Work Land Under Water Riverfront Area Flood plain Bordering Vegetated Wetland Pond (and Inland Bank) Coastal Bank LUW 0-100' RFA* 100-200' RFA LSCSF BVW 100' Buffer Pond/Inland Bank** 100' Buffer Coastal Bank 100' Buffer Entrance driveway x Previously Disturbed Previously Disturbed x x Previously Disturbed x x x Previously Disturbed Infiltration Basin 1 (southern) x Previously Disturbed Previously Disturbed x x x x x x Previously Disturbed Infiltration Basin 2 (northeastern) x Previously Disturbed Previously Disturbed x x x x Previously Disturbed x Previously Disturbed Emergency Access x x Previously Disturbed x x x x Previously Disturbed x x Grading x x Previously Disturbed x x x x x x x Parking x x x x x x x x x Previously Disturbed Restoration Work x Previously Disturbed Previously Disturbed Previously Disturbed x Previously Disturbed Invasive Species Previously Disturbed Previously Disturbed Previously Disturbed x = no work proposed * Equivalent to the 100-buffer zone to LUW ** Inland Banks are by definition “naturally occurring” and therefore may not be present adjacent to the man-made ponds Notice of Intent – Emblem - Hyannis Page 4-4 4.1 Land Subject to Coastal Storm Flowage The Wetlands Protection Act (WPA) protects Land Subject to Coastal Storm Flowage (LSCSF) which is defined as “land subject to any inundation caused by coastal storms up to and including that caused by the 100-year storm, surge of record or storm of record, whichever is greater.” LSCSF includes coastal flood plains that are subject to such flooding risk (i.e., a 1% annual chance of flooding). There is no buffer zones associated with this resource area. The July 2014 Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map identifies coastal flood plans that are potential LSCSF as being located with “Zone AE”. As shown on Figure 11, there are areas associated with Joshua’s Brook and Stewart’s Creek that have been mapped Zone AE. Toward the northeasterly perimeter of the Site, the Applicant has a proposed an emergency access drive located in the area mapped as “Zone AE”; however, such map dictates that the 1% annual chance of flooding only applies at an elevation of 11 feet or below. Based on more site-specific topography, all of the work proposed by the Applicant within this area will be located at an elevation higher than 11 feet; therefore, no work in the LSCSF is proposed in this area. The southern portion of the Site also includes areas that have been mapped as Zone AE (where there is 1% annual chance of flood at an elevation of 12 feet or below). The only work proposed in this flood plain will be certain restation work to be performed in accordance with the Restoration Plan provided in Appendix A, attached hereto. As summarized above in Section 3.6, approximately 3.3 acres of existing altered golf course area located within the coastal flood plain will be restored under this Restoration Plan. There are no regulations or limitations applicable to such work within this resource area. All restoration work is proposed with the primary purpose of restoring to a naturally vegetated state the land that has been disturbed and degraded by the golf course. Once restored, the flood plain will provide areas more heavily vegetated which will help to further protect the land from coastal storms, provide storm damage protection, enhance flood control, and mitigate for possible climate change impacts. 4.2 Land Under Waterways Land Under Waterways (as defined in the WPA) is associated with both perennial waterways which bound the site including Joshua’s Brook to the west and Stewart’s Creek to the east. Joshua’s Brook flows from Fawcett’s Pond and Stewart’s Creek flows from Aunt Betty’s Pond. These streams converge at the southern end of the Site and flow south discharging into Nantucket Sound through a culvert beneath Ocean Avenue. These waterways have 100-foot buffer zones and 200-foot Riverfront Areas as they are perennial. The 100-foot buffer zone is equivalent to the 100-foot Riverfront Area for this resource area and the 100-foot buffer zone from Inland Bank. No work is proposed within this Land Under Waterway resource area. The only work proposed within the 100-foot buffer zone to Joshua’s Brook includes the following associated with the proposed entrance driveway: • The entrance driveway is proposed to be located greater than 50 feet from Joshua’s Brook at the closest point where there is existing asphalt parking for the Conference Center. • As there is no “50-foot undisturbed buffer zone” located in this area, buffer zone mitigation is Notice of Intent – Emblem - Hyannis Page 4-5 required in accordance with Section 704-4 “Performance Standards for Work Within the 50 ft to 100 ft Buffer Zone”. There will be a reduction in pavement and enhanced landscaping with restoration plantings in these areas (see Figure 13). • A more thorough discussion of the reduction of pavement and buffer zone plantings proposed as part of this Project is provided in the Riverfront Area section (see Section 5.0). Figure 11: FEMA Flood Plain 4.3 Land Under Water Bodies/Pond/Surface Water Body There are three water bodies within the Site that meet the definition of “Pond” at 31 CMR 10.04 which states “… any open body of fresh water with a surface area observed or recorded within the last ten Notice of Intent – Emblem - Hyannis Page 4-6 years of at least 10,000 square feet.”3 This resource area is also identified as a Surface Water Body under the Wetlands Ordinance. There are two Ponds located in the southern portion of the Site that were created as part of the golf course “water hazards” constructed in the 1960’s. The third Pond is located at the northeastern corner of the Site and was constructed as part of the previously existing cranberry bog farm and was incorporated into the golf course design in the 1960’s. No work is proposed within any of the Ponds (with the possible exception of removing invasive species such as invasive willow trees as part of the Restoration Plan). Work proposed within the 100-foot buffer zone to the northeasterly Pond (the “Northeast Pond”) includes the following: • Grading associated with stormwater basin (Infiltration Basin 2) in the northeast corner (set back 60 feet) • Construction of a portion of the emergency accessway (set back approximately 50 feet) • As there is no “50-foot undisturbed buffer zone” located in this area, buffer zone mitigation is required in accordance with Section 704-4 “Performance Standards for Work Within the 50 ft to 100 ft Buffer Zone”. There will be a reduction in pavement and enhanced landscaping with restoration plantings in this area. The remainder of the buffer zone adjacent to the Northeast Pond will be restored in accordance with Section 704-4 “Performance Standards for Work Within the 50 ft to 100 ft Buffer Zone”. The amount of mitigation planting is calculated by applying a 3:1 mitigation planting ratio to the amount of hardscape within the 50 to 100-foot buffer zone. The only hardscape within this area would be the portion of the emergency access drive, which is proposed to be gravel (which is considered as hardscape under the local Wetlands Ordinance regulations). A total of approximately 3,089 s.f. of gravel access is proposed in the buffer zone (set back over 60 feet) (see Figure 12); therefore, 9,267 s.f. of area is required for 3:1 mitigation. Such planting mitigation is included within the restoration work described in the Restoration Plan, which exceeds mitigation that is required. 4.4 Inland Bank (Naturally Occurring) The Inland Bank (as defined in the WPA) is a resource area typically associated with both perennial and intermittent streams and ponds. This resource area is identified in the WPA as “naturally occurring banks”; any bank that is not naturally occurring (i.e., human-made or artificially altered) is not subject to the WPA. The Wetlands Ordinance does not provide any further definition for or regulations applicable to the Inland Bank. 3 There is a pavement lined basin near the Conference Center that has been determined through the issuance of a Determination of Applicability dated December 22, 2021 to not meet the definition of Pond by the Barnstable Conservation Commission, which was confirmed by a decision of MassDEP dated June 15, 2022. Notice of Intent – Emblem - Hyannis Page 4-7 Figure 12: Mitigation for Work in Disturbed Buffer Zone of Northeast Pond The only Inland Banks at the Site include those associated with the two perennial streams (for purposes of this submission, we assume the streams have not been altered). No work is proposed within this Inland Bank resource area. Work proposed within the 100-foot buffer zone to the Inland Bank associated with Joshua’s Brook is equivalent to the work described under Land Under Waterways discussed above in Section 4.3. The boundary of the Inland Bank is equivalent to the boundary of Land Under Waterway and the MAHW mark for the Riverfront Area, which is discussed below in Section 4.7. 4.5 Bordering Vegetated Wetland Bordering vegetated wetlands (BVW) associated with both perennial streams are present on the Site. A senior wetland scientist from Baxter Nye performed the wetland resource identification and delineation fieldwork in September 2016 and updated in the field in July of 2023, as shown in the attached Site plans. The field data forms associated with the delineation are provided in Appendix C. Wetlands on the Site are typically comprised of the two habitats described below. Notice of Intent – Emblem - Hyannis Page 4-8 • Wooded Swamp: Red maple (Acer rubrum) and black tupelo (Nyssa sylvatica)-dominant woodland is the predominant plant community type of the BVWs along both stream and between the streams and the actively managed golf course areas. The BVWs woody understory is dense with coastal sweet pepperbush (Clethra alnifolia), spicebush (Lindera benzoin), northern arrowwood (Viburnum dentatum), highbush blueberry (Vaccinium corymbosum), and swamp azalea (Rhododendron viscosum). Where trees are sparse or absent along the streams, dense woody and herbaceous vegetation comprise the wetland habitats. Silky dogwood (Cornus amomum), alder (Alnus spp.), elderberry (Sambucus canadensis), cinnamon fern (Osmunda cinnamomea), royal fern (O. regalis), skunk cabbage (Symplocarpus foetidus), and spotted touch-me-not (Impatiens capensis) occur frequently in the more open wetland landscape. • Phragmites Emergent Marsh and Shrubland: At the southern reaches of the stream corridors, the BVW plant community type transitions to common reed (Phragmites australis)-dominant emergent marsh and fresh/brackish tidal shrubland. Species including hightide bush (Iva frutescens), swamp rose (Rosa palustris), Virginia rose (R. virginiana), and sweet gale (Myrica gale) occur. There is no salt marsh located on or near to the Site. No work is proposed within this BVW resource area. Work proposed within the 100-foot buffer zone to the BVW associated with Joshua’s Brook includes the following work relative to the proposed entrance driveway (see Figure 13): • Removal of pavement within 30 feet of the BVW. • Increased setback of pavement from 30 to approximately 64 feet from the BVW. • Restoration of the buffer zone with landscaping where the pavement will be removed. • The access driveway will be in compliance with the Wetlands Ordinance setback by restoring an approximately 64-foot buffer zone. • As there is no “50-foot undisturbed buffer zone” located in this area, buffer zone mitigation is required in accordance with Section 704-4 “Performance Standards for Work Within the 50 ft to 100 ft Buffer Zone”. • Restoration of the buffer zone is proposed with landscaping where the pavement will be removed in accordance with the local regulation. • Further discussion of the reduction of pavement and buffer zone plantings proposed as part of this Project is provided in the Riverfront Area section (see Section 5.0). • The remainder of the buffer zone adjacent to the Northeast Pond will be restored in accordance with Section 704-4 “Performance Standards for Work Within the 50 ft to 100 ft Buffer Zone”. The amount of mitigation planting is calculated by applying a 3:1 mitigation planting ratio to the amount of hardscape within the 50 to 100-foot buffer zone. The only new hardscape within this area would be the portion of the access driveway. A total of approximately 996 s.f. of new driveway is proposed in the buffer zone (set back over 64 feet) (see Figure 13); therefore, 2,988 s.f. of area is required for 3:1 mitigation. As noted in the figure, there will be approximately 21,845 s.f. of buffer zone mitigation in this area which is included within the restoration work described in the Restoration Plan, which exceeds mitigation that is required. Notice of Intent – Emblem - Hyannis Page 4-9 Figure 13: Mitigation for Work in Disturbed Buffer Zone of BVW 4.6 Coastal Bank The Coastal Bank at the Site is defined by 310 CMR 10.30 and in accordance with MassDEP Policy 92. Local ordinance Chapter 237 and Chapter 705 (and the Chapter 705 policy) define a “local” Coastal Bank as “a seaward face or elevated landform, other than a coastal dune, which resides at the landward side of a coastal beach, land subject to tidal action, or other coastal wetland.” Such features must have a slope greater than 18% and reside adjacent to a tidal waterbody. Based on our review of the Site and this definition of the local Coastal Bank, there is no local Coastal Bank located at the Site because there is no coastal water body or other coastal wetland present at or near the Site. The two perennial streams are defined are inland waterways not coastal water bodies. Land subject to tidal action is defined by the WPA as “land subject to the periodic rise and fall of a coastal water body, including spring tides.” The highest spring tide for Hyannisport was 4.10 feet (MLLW datum) on April 21, 2023.4 There is no land subject to tidal action at or near the Site. The Coastal Banks at the Site do not provide any sediment supplies as they are fully vegetated and not eroding. No work is proposed on any Coastal Bank other than proposed restoration work associated with the existing golf course shown on the Restoration Plan. Work proposed within the buffer zone to Coastal Banks includes minor grading associated with buildings, two stormwater basins, parking, and the entrance driveway. Work proposed within the Coastal Bank buffer zone will occur within areas 4 www.Tideasandcurrents.noaa.gov Notice of Intent – Emblem - Hyannis Page 4-10 previously disturbed by the existing golf course and will not have any impacts or adverse effects on Coastal Bank resources. Approximately 3.1 acres of existing golf course located on the Coastal Bank will be restored under this Restoration Plan as summarized in Section 3.6 (and provided in Appendix A). All restoration work is proposed with the primary purpose of restoring the land that has been disturbed and degraded by the golf course. Once restored, the Coastal Bank will provide areas more heavily vegetated which will help to further protect the land from coastal storms, provide storm damage protection, enhance flood control, and mitigate for possible climate change impacts. The Coastal Banks at this Site do not provide sediment to other coastal resource areas. These banks are significant to storm damage prevention and flood control, therefore, any work proposed on or adjacent to a Coastal Bank needs to meet the following WPA performance standards. Performance standards (7) and (8) are not applicable to this Project: • 310 CMR 10.06(6) Any project on such a coastal bank or within 100 feet landward of the top of such coastal bank shall have no adverse effects on the stability of the coastal bank. The restoration work proposed on the Coastal Banks will be for the primary purpose of restoring the land from disturbances created by the golf course including restoration of soils, grasses, shrubs, and trees. This restoration will enhance the Coastal Banks’ ability to provide for storm damage prevention and flood control while also improving the wildlife habitat functions of this resource area. Therefore, the proposed restoration work meets this performance standard. Work proposed within the buffer zone of the Coastal Bank includes minor grading associated with building, two stormwater basins and parking, and the access driveway. All of this work has been designed to not impact the stability of the bank. This work combined with the proposed restoration work will enhance the functions and values of the Coastal Banks at the Site. The top of the Coastal Bank at the closest point is relatively the same approximate location of the BVW (see Figure 14) for the access driveway (as there are many overlapping resource areas in this location). Work proposed within the 100-foot buffer zone to the Coastal Bank associated with Joshua’s Brook relative to the proposed access driveway includes the following work: • Removal of pavement within 30 feet of the Coastal Bank. • Increased setback of pavement from 30 to approximately 60 feet from the Coastal Bank. • The access driveway will be in compliance with the Wetlands Ordinance setback by creating a 50-foot buffer zone to the Coastal Bank which will be restored. • As there is no “50-foot undisturbed buffer zone” located in this area, buffer zone mitigation is required in accordance with Section 704-4 “Performance Standards for Work Within the 50 ft to 100 ft Buffer Zone”. • In addition, per Section 704-6(4) “The construction or reconstruction, without expansion or intensification of use, of all or a portion of a previously existing structure which utilizes a pre- existing foundation or footprint without need of additional excavation or filling, and either: (a) is approved, or (b) was constructed prior to 1973.” Notice of Intent – Emblem - Hyannis Page 4-11 • Restoration of the buffer zone with landscaping is proposed where the pavement will be removed. That is, as much of the 50-foot buffer zone will be restored in accordance with the local regulation and no Waiver is required. • Further discussion of the reduction of pavement and buffer zone plantings proposed as part of this Project is provided in the Riverfront Areas section (see Section 5.0). • The top of the Coastal Bank at the closest point is the same approximate location of the BVW (see Figure 14). The amount of mitigation planting is calculated by applying a 3:1 mitigation planting ratio to the amount of hardscape within the 50 to 100-foot buffer zone. The only new hardscape within this area would be the portion of the access driveway. A total of approximately 8,227 s.f. of new driveway is proposed in the buffer zone (set back over 60 feet) (see Figure 14); therefore, 24,681 s.f. of area is required for 3:1 mitigation. As noted in the figure, there will be approximately 24,226 s.f. of buffer zone mitigation in this area which is included within the restoration work described in the Restoration Plan, which exceeds is slightly less that is required. Nonetheless, this provision of the Wetlands Ordinance allows the restoration of the buffer zone to the maximum extent feasible which is proposed here. In addition, work proposed within the 100-foot buffer zone to the Coastal Bank includes the construction of the two stormwater management basins, parking, and minor grading associated with buildings: • The stormwater basin in the southern portion of the Site (Infiltration Basin 1) is proposed to be located five feet from the top of the Coastal Bank on the western and southern sides of the Site (Figure 15). • The stormwater basin in the northeastern corner of the Site (Infiltration Basin 2) is proposed to be located approximately 30 feet from the top of the Coastal Bank on the eastern side of the Site (Figure 16). • All buffer zones where the stormwater basins are proposed have been previously disturbed due to the golf course. • As there is no “50-foot undisturbed buffer zone” located in this area, buffer zone mitigation is required in accordance with Section 704-4 “Performance Standards for Work Within the 50 ft to 100 ft Buffer Zone”. • A partial Waiver from Section 704-3.A is required as the 50-foot buffer zone will not be able to be restored in its entirety due to the need to locate the stormwater basins. That is, the stormwater basins need to be located at a lower elevation than the proposed development in order to function properly. See Section 4.9 for additional details on this Waiver request. • Parking will be located greater than 50 feet from the top of the Coastal Bank. • Grading associated with buildings will be located over 90 feet from the top of the Coastal Bank and will be landscaped. There will be no hardscape associated with this grading in the buffer zone to the Coastal Bank. All buffer zone restoration work will be performed in accordance with Section 704-3. Notice of Intent – Emblem - Hyannis Page 4-12 Figure 14: Mitigation for Work in Disturbed Buffer Zone of Coastal Bank – Access Driveway Notice of Intent – Emblem - Hyannis Page 4-13 Figure 15: Mitigation for Work in Disturbed Buffer Zone of Coastal Bank – Basin 1 Notice of Intent – Emblem - Hyannis Page 4-14 Figure 16: Mitigation for Work in Disturbed Buffer Zone of Coastal Bank – Basin 2 4.7 Riverfront Area The Project Site includes two perennial streams, Joshua’s Brook and Stewart’s Creek, and their associated Riverfront Areas. In accordance with 310 CMR 10.58(2)(a), a Riverfront Area is “the area of land between a river's mean annual high-water line and a parallel line measured horizontally. The Riverfront Area may include or overlap other resource areas or their buffer zones. The Riverfront Area does not have a buffer zone.” Both streams are identified as perennial on the USGS map (see Figure 1) and have 200-foot Riverfront Areas under the WPA. Please refer to additional information regarding the Riverfront Areas and the regulatory compliance assessment in Section 5.0. The boundary of the mean annual high-water (MAHW) line was identified in accordance with 310 CMR 10.58(2)(a-c) by Baxter Nye in 2016 (and field verified in 2023). According to 310 CMR 10.58(2), the MAHW line of a river is the line that is apparent from visible markings or changes in the character of soils or vegetation due to the prolonged presence of water and that distinguishes between predominantly aquatic and predominantly terrestrial land. Baxter Nye utilized this guidance to identify and mark the MAHW line along the west bank of Stewart’s Creek and the along the east bank of Joshua’s Brook. Stream banks are well defined along both stream channels and were considered roughly coincident with the MAHW line. Work proposed within the 100-foot Riverfront Area associated with Joshua’s Brook includes the following work for the proposed entrance driveway as shown on Figures 13 and 14: • Removal of pavement within 30 feet of the MAHW. • Increased setback of pavement from 30 to 60 feet from the MAHW. Notice of Intent – Emblem - Hyannis Page 4-15 • There is no “50-foot undisturbed buffer zone” located in this area, buffer zone mitigation is required in accordance with Section 704-4 “Performance Standards for Work Within the 50 ft to 100 ft Buffer Zone”. • Restoration of the buffer zone with landscaping where the pavement will be removed. That is, the maximum amount of the 50-foot buffer zone will be restored in accordance with the local regulation and no Waiver is required. • Further discussion of the reduction of pavement and buffer zone plantings proposed as part of this Project is provided in the Riverfront Area section (see Section 5.0). • As this is the only entrance available for the Project portion of the Site, the work in the buffer zone would fall under the “limited project” provisions at 310 CMR 10.53(3)(e) for new driveways and 310 CMR 10.53(3)(d) for utilities. The two stormwater basins have been designed to be located outside of the 100-foot Riverfront Area and located within the 200-foot Riverfront Area where the elevation is lower than the proposed Redevelopment. That is, the stormwater basins need to be located at a lower elevation than the proposed development in order to function properly. For this Site, the lower elevations are located along the slopes that are located within the Riverfront Areas. This is further described in the Riverfront Area alternatives analysis in Section 5.0. The proposed entrance driveway and the emergency access are the only access available for the redevelopment portion of the Site, therefore, work in resource areas (i.e., Riverfront Area) and buffer zones to various resource areas (i.e., BVW, etc.) could not be avoided. As such, this work would fall under the “limited project” provisions at 310 CMR 10.53(3)(e) for new driveways and 310 CMR 10.53(3)(d) for utilities and is allowed under the limited project provisions of the WPA. Restoration work proposed within the Riverfront Area includes 3.3. acres of Land Subject to Coastal Storm Flowage, 3.1 acres of Coastal Bank, and 7.41 acres of Riverfront Area. 4.8 Non-Jurisdictional Vegetated Area There is a low isolated vegetated area of approximately 4,900 s.f. located in the northeastern corner of the Site. This area does not meet the Wetlands Ordinance (Chapter 237) definition of a vegetated wetland which is defined as “Any area of at least 500 square feet where surface or ground water, or ice, at or near the surface of the ground support a plant community dominated (at least 50%) by wetland species.” This human-made area has been continually altered and managed as part of the golf course and, therefore, is not natural, nor does it have any naturally occurring functions and values. It was constructed in the 1960’s as part of the golf course design. Over the years, this area has filled in with sand and fines (such as silt) through erosion, stormwater runoff, and irrigation. Enough fine material is located in this area to hold enough moisture for some wetland vegetation species to survive (i.e., rough-leaved goldenrod, etc.); however, the plant community is supported solely by run off from Notice of Intent – Emblem - Hyannis Page 4-16 irrigation and stormwater, and not by groundwater or surface water6 and therefore is not a vegetated wetland under the Wetlands Ordinance definition. We note that, based on volume calculations performed, this area also does not meet the definition of isolated land subject to flooding (310 CMR 57(2)(b)). The isolated land subject to flooding calculations are provided in Appendix D. Therefore, this area is not subject to jurisdiction under the WPA. This isolated area has some beneficial functions such as the prevention of water pollution (as it collects surface and irrigation runoff), wildlife habitat (due to the presence of vegetation), and recreation (as it is part of the golf course); however, each of these functions occurs because it is maintained as part of the golf course, and such values are not “naturally occurring”. Filling of this isolated area allows for the further clustering of the buildings and reduces impacts to the Riverfront Area (allowed under the 10% provision) and reduces impacts to other wetland resource areas associated with the perennial streams (such as BVW, flood plain, etc.) Most importantly, the clustering of the buildings creates a greater buffer zone for a better, more environmentally beneficial and valuable Project design. The filling of this low area also allows for use of the emergency access by emergency vehicles. In addition, utilities will be located beneath the emergency access as required by the Town. For example, this second tie in of the water supply is required by the Town in case the main water supply (beneath the access driveway) is not available. The water pipes beneath the emergency access will provide for a backup water supply source, as well as allow for looping of the water main for better long term water quality. 4.9 Waiver Request A partial Waiver from Section 704-3.C is requested for the proposed stormwater basins within the 50- foot buffer zone to the Coastal Bank buffer zone in order to place the stormwater basins lower on the landscape. That is, the stormwater basins need to be located at a lower elevation than the proposed development in order to function properly results in the basins being located with this buffer zone to the Coastal Bank. As previously summarized in Section 4.6 • The stormwater basin in the southern portion of the Site (Infiltration Basin 1) is proposed to be located five feet from the top of the Coastal Bank on the western and southern sides of the Site. • The stormwater basin in the northeastern corner of the Site (Infiltration Basin 2) is proposed to be located approximately 30 feet from the top of the Coastal Bank on the eastern side of the Site. 6 The Wetlands Ordinance does not provide a separate definition for “surface water” (a definition is provided for a “surface water body” which this area does not meet); therefore, the WPA’s definition applies. According to 310 CMR 10.04, surface water body “means all waters other than ground water within the jurisdiction of the Commonwealth including, without limitation, rivers, streams, lakes, ponds, springs, impoundments, estuaries, wetlands, and coastal waters.” The low area does not meet the definition of any of these areas included in the surface water definition. Please note that the term “wetlands” used in this definition refers to wetlands under the WPA jurisdiction, which this low area is not. Notice of Intent – Emblem - Hyannis Page 4-17 • All buffer zones where the stormwater basins are proposed have been previously disturbed due to the golf course. • As there is no “50-foot undisturbed buffer zone” located in this area, buffer zone mitigation is required in accordance with Section 704-4 “Performance Standards for Work Within the 50 ft to 100 ft Buffer Zone”. According to Section 704-4, “The Conservation Commission shall have the discretion to grant a waiver should it find that the overall project, when considered with its proposed mitigation, will protect the wetland interests contained in Ch. 237. The waiver shall specify the terms of acceptable mitigation in accordance with Section 704-4(B), and either Section 704-4(C) or 704-5 below. To the extent feasible and practical, work should be avoided within the 50 ft buffer. Therefore, the granting of a waiver and acceptance of mitigation for work performed within the 50 ft. buffer should be considered only under exceptional, limited circumstances.” There are no other locations where the stormwater basins may be located due to the existing topography of the Site. Work is proposed primarily in areas already disturbed due to the golf course. The extensive Restoration Plan includes restoration of 9.82 acres which includes 3.1 acres of restoration just on Coastal Banks. Therefore, the work proposed in the Coastal Bank buffer zone for the two stormwater basins is being mitigated by well over the required 4:1 mitigation ratio pursuant to Section 704-4.B (i.e., planting to disturbance ratio). The Project has an overriding public interest as more fully outlined in the Riverfront Area alternatives analysis (Section 5.0) and provides a unique opportunity for such an extensive 9.8-acre restoration of altered golf course land. This mitigation outweighs any impacts as a result of the construction of the two stormwater basins in the buffer zone to the Coastal Bank. The restoration work will enhance the Coastal Bank’s ability to provide for storm damage prevention and protect from flood waters. Mitigation plantings are described in greater detail in Appendix A and on the landscape plans attached to this Notice of Intent. Notice of Intent – Emblem - Hyannis Page 5-1 5.0 Riverfront Area Alternatives Analysis As described in Section 4.7, the Project Site includes two perennial streams, Joshua’s Brook and Stewart’s Creek, and their associated Riverfront Areas. The Site’s Riverfront Areas cover approximately 21.68 acres, with approximately 10.79 acres in the 0 to 100-foot Riverfront Area and 10.89 acres within the 100 to 200-foot Riverfront Area as shown in Table 2. Of that, approximately 11.53 acres of existing disturbances (primarily the golf course and parking areas associated with the Conference Center) are located within the Riverfront Areas as shown in Table 2. Table 3 identifies the proposed work with the Riverfront Area with a greater breakdown of details in Table 4. Table 2: Existing Riverfront Area Impacts Riverfront Area Total Riverfront Area (acres) Existing Disturbance in Riverfront Area (acres) Existing Disturbance in Riverfront Area (%) 0-100 10.79 3.98 36.9% 100-200 10.89 7.55 69.3% TOTAL 21.68 11.53 53.2% Table 3: Proposed Riverfront Area Impacts Riverfront Area Total Riverfront Area (acres) Proposed Development in Riverfront Area (acres) Proposed Development in Riverfront Area (%) 0-100 10.79 0.48 4.4% 100-200 10.89 3.28 30.1% TOTAL 21.68 3.76 17.3% The proposed Project will result in greater than 36% reduction (53.2% - 17.3%) of impacts in the Riverfront Area while resulting in the restoration of approximately 8.06 acres of Riverfront Area with an extensive Restoration Plan as described in Section 3.6 (see Appendix A). Under the proposed Redevelopment, the breakdown of work in the Riverfront Areas is as follows and summarized in Table 4. All work in the Riverfront Areas meets the regulatory requirements as most of the work is allowed under exceptions such as the following: • Construction of the access driveway as that work is considered redevelopment due to the presence of existing pavement pursuant to 310 CMR 10.58(5). • Construction of the access driveway as that work is considered a limited project pursuant to 310 CMR 10.53(3)(e). • Construction of the emergency access as that work is considered a limited project pursuant to 310 CMR 10.53(3)(e). • Stormwater management features as they are required to be located lower on the landscape Notice of Intent – Emblem - Hyannis Page 5-2 from the proposed development in order to function properly pursuant to 310 CMR 10.58(4)(d)1.a and b. The remaining work in the Riverfront Area is the grading associated with the buildings which does not exceed the allowable 10% provision for alteration. Compliance is more fully described in the following sections. Table 4: Proposed Riverfront Impacts by Activity Acres/% Existing Riverfront Area Entrance Driveway Stormwater Basin 1 Stormwater Basin 2 Emergency Access Grading Total Regulation allowing work (see notes) 1., 2. 3. 3. 2. 4. 0-100 10.79 0.35 0.05 0.08 0.00 0.00 0.48 100-200 10.89 1.47 0.53 0.66 0.14 0.48 3.28 Acres 21.68 1.82 0.58 0.74 0.14 0.48 3.76 0-100 50% 3.23% 0.44% 0.77% 0.00% 0.00% 4.44% 100-200 50% 13.54% 4.86% 6.03% 1.30% 4.39% 30.12% Percent 100% 8.40% 2.66% 3.41% 0.65% 2.20% 17.34% Notes: 1. 310 CMR 10.58(5) Redevelopment 2. 310 CMR 10.53(3)(e) and (d) Limited project for roadways and utilities 3. 310 CMR 10.58(4)(d)1.d stormwater 4. 310 CMR 10.58(4)(d) 10% provision Proposed activities within 100-foot Riverfront Area: • Reduction of existing paving at entrance driveway • Increase of vegetated buffer zone distance from Joshua’s Brook at entrance driveway • Minor grading associated with stormwater detentions basins • Restoration of disturbed areas associated with golf course to increase the amount of vegetated Riverfront Area Proposed activities within 200-foot Riverfront Area: • Reduction of existing paving at entrance driveway • Construction of stormwater basins (allowed under regulations) • Minor grading associated with buildings • Portion of emergency access • Restoration of disturbed areas associated with golf course to increase the amount of vegetated Riverfront Area Notice of Intent – Emblem - Hyannis Page 5-3 5.1 Protection of Other Resource Areas (310 CMR 10.58(4)(a)) The proposed work meets the performance standards for all other wetland resource areas associated with the Riverfront Areas at the Site which include: LSCSF, Coastal Bank, Land Under Waterways (perennial streams), Land Under Water bodies (ponds, local surface water bodies), Inland Bank (naturally occurring), and BVW. 5.2 Protection of Rare Species (310 CMR 10.58(4)(b)) As described in Section 2.3 and shown on Figure 6, the Site is not located within any mapped Priority Habitats of Rare Species or Estimated Habitats of Rare Wildlife nor does the Site contain any vernal pools. 5.3 Practicable and Substantially Equivalent Economic Alternatives (310 CMR 10.58(4)(c)) This section describes how the Project meets the riverfront regulations including if the design proposed is practicable and an evaluation of the alternatives investigated. 5.3.1 Practicable The regulatory definition of Practicable is an alternative that is “practicable and substantially equivalent economically if it is available and capable of being done after taking into consideration costs, existing technology, proposed use, and logistics, in light of overall project purposes. Available and capable of being done means the alternative is obtainable and feasible.” These four factors are described in more detail below. 5.3.1.1 Costs Costs associated with this Project include land acquisition, site design, permitting including extensive permitting, legal costs associated with appeals by abutters, and construction phase costs such as site preparation, construction, landscaping, costs associated with restoration, and other transactional costs. These costs have significant impact on the Site and its redevelopment potential. The land costs alone are significant as it is located in downtown Hyannis and in walking distance of Hyannis village. Given the cost of acquiring the Site and the required annual maintenance costs, it is unlikely that a less-dense residential community as proposed would be economically feasible (see further discussion on alternatives in this section). Accordingly, any reuse of the Site would require a full redevelopment in order to be economically feasible and to provide the resources necessary to implement the traffic mitigation and the extensive environmental restoration proposed. 5.3.1.2 Existing Technology Existing technology includes the best available measures such as engineering practices that have been developed and are commercially available. In the context of this alternatives analysis, this technology Notice of Intent – Emblem - Hyannis Page 5-4 refers primarily to the utilities proposed and the stormwater management best management practices. The utilities proposed are all located outside of jurisdiction except for where they may be located relative to the access driveway and the emergency access. The majority of the utilities will be located underground to reduce impacts from storm events (i.e., wind, ice, tree falls, etc.) Relative to stormwater best management practices, the stormwater management system has been designed with the latest technology including bioretention areas, deep sump catch basins, and the latest rainfall data2 used to design for the 100-year storm event. 5.3.1.3 Proposed Use The Project purpose is to provide 312 residential units of year-round, market rate, affordable, and workforce rental housing, which will contribute to housing choice and attainability for year-round residents of Cape Cod. The Site is well suited to provide the proposed use as an affordable and workforce rental housing development as it is located within walking distance of the Village of Hyannis with a range of employment opportunities. Hyannis, in particular, has been of focus for "missing middle" rental housing, as its existing land use patterns, infrastructure and public facilities are well-suited for supporting the higher densities required for apartment development. Emblem-Hyannis is in a prime location for residents seeking proximity to jobs, as it sits within walking distance to downtown Hyannis and Main Street (with its 40+ family-owned restaurants, cafés, and specialty shops) and the Melody Tent. The Site lies 1.5 miles from the Cape Cod Hospital campus in Hyannis, 1.5 miles from the Martha's Vineyard and Nantucket Ferries in Hyannis Harbor, and 1.5 miles from the Barnstable Municipal Airport. The Project is accessible and walkable to employment throughout the region's critical industries, including hospitality, arts and entertainment, and healthcare. Significant mitigation proposed as part of this Project includes, but is not limited to, those items stated below. Much of the mitigation noted below in not specific to wetlands impacts but has been incorporated into the Site design to cluster the development in the upland areas and minimize impacts to the wetlands and associated buffer zones. The mitigation and extensive and impactful benefits of the Project are based on the existing design of 312 residential units. • No less than 13% of the units within the Project will be affordable units. • Contributions to public infrastructure will include adding sidewalk and crosswalk infrastructure proximate to the Site; upgrading existing pedestrian and crossing infrastructure proximate to the Site and to the West End Rotary to meet the requirements of the Americans with Disabilities Act (ADA); constructing a shared use path along Scudder Ave between Greenwood Avenue and the West End Rotary and along Main Street between the West End Rotary and Potter Avenue. • Conservation of approximately 21.94 acres of the Site through a recorded Conservation Restriction. 2 National Oceanic and Atmospheric Administration (NOAA) Atlas 14, Volume 10, Version 3 Point Precipitation Estimates Notice of Intent – Emblem - Hyannis Page 5-5 • Restoration of 9.82 acres of previously disturbed golf course areas under the Restoration Plan that includes monitoring and maintenance for a minimum of three years post-construction to ensure restoration goals are met. • Contribution of $175,000 to offset the cost of upgrading the Town’s wastewater infrastructure. • Designing the stormwater system according to Massachusetts Stormwater Handbook standards including infiltrating runoff based on the 100-year storm event, infiltrating roof runoff, and incorporating bioretention areas into parking and roadway areas. • Reducing fertilized turf and treatment of stormwater runoff to reduce sitewide nitrogen loading over current conditions. 5.3.1.4 Logistics According to the regulations, logistics “refers to the presence or absence of physical or legal constraints. Physical characteristics of a site may influence its development. Physically, the Site is well suited for development as the majority of the Site is located up at higher elevations with slight slopes and located outside of wetlands jurisdiction. With minor exceptions including access and stormwater management features, the entire development is located outside of the Riverfront Area and wetlands jurisdiction. The Project is generally consistent with both the Town’s local ordinances and Local Comprehensive Plan (LCP). The Project is located within the Town’s RB (Residence B) Zoning District. Although the RB Zoning District does not allow multifamily uses as contemplated in this design, the Project Site is also located within the Downtown Hyannis Regulatory Agreement District, which allows a developer to enter into a Regulatory Agreement with the Town pursuant to Chapter 168 of the Barnstable General Ordinance, which was adopted in accordance with the Cape Cod Commission’s Enabling Act. 5.3.2 Scope and Evaluation of Alternatives According to 310 CMR 10.58(4)(c)2., the scope of the alternatives for work proposed within the Riverfront Area shall be commensurate with the type and size of the Project. For the record, there are no adjacent lots formerly or presently owned by the same owner nor are there any adjacent lots can be reasonably obtained within the Town. The Site is limited and size restricted by the presence of the two perennial streams and the Conference Center. Therefore, the alternatives analyses focus on the existing lot. As part of the Voluntary Environmental Notification Form (ENF) filed for this Project pursuant to the Massachusetts Environmental Policy Act (MEPA) and submittals with the Cape Cod Commission, the Project went through an extensive alternatives analysis as required under the MEPA regulations including higher and lower density residential designs. Other alternatives, such as industrial or commercial facilities would require significant zoning relief, and would likely cause noise and traffic- related impacts that are inconsistent with the nearby residential communities and have, therefore, not been analyzed here. For this Riverfront Area alternatives analysis, the focus is on the existing lot and includes the no build alternative, the existing Proposed Project, previous Project designs, an alternative lower density residential design, and an alternative higher density multifamily residential Notice of Intent – Emblem - Hyannis Page 5-6 design. This analysis demonstrates that there are no practicable and substantially equivalent economic alternatives within the scope of the alternatives with less adverse effects to the Riverfront Area. 5.3.2.1 No Build The Project Site has operated as a golf course facility since the 1960s. The No Build alternative would maintain the existing conditions at the Site, leaving in place the golf course, which requires significant fertilization to maintain the required turf. Fertilizers (including nitrogen) and pesticides would continue to be used and have a significant detrimental effect on the nearby wetlands and coastal resource areas. The existing golf course presently uses approximately 194,000 gallons per day (gpd) for irrigation purposes during the irrigation season from a groundwater well is located in small building the northeast corner of the Conference Center site. This well is a permitted and registered well with MassDEP under the Water Management Act. The existing well pumps about 8 mgy (million gallons per year) and the average daily withdrawal over the last two years is 194,000 gpd during the irrigation season. Other than the stormwater basin in the northwest corner, runoff is not presently managed at the Site. The Site does not currently offer significant economic benefits to the Town in terms of employment opportunities, housing opportunities, improvement to infrastructure, or any measures to improve the existing and surrounding conditions of upland and wetland areas. If the No Build alternative is pursued, none of the extensive and impactful benefits summarized above nor the extensive mitigation proposed would be implemented. Accordingly, the No Build Alternative is inconsistent with the purposes of the Project, that is, to provide 312 residential units of year-round, market rate, affordable, and workforce rental housing, which will contribute to housing choice and attainability for year-round residents of Cape Cod. 5.3.2.2 Proposed Project As described in Section 3.0 and above in Section 5.3.1.3, the proposed Project provides for extensive and impactful benefits based on the existing design of 312 residential units. All work meets the Riverfront Area regulations as allowed. 5.3.2.3 Previous Project Designs The current Site plan has been improved by extensive comments from the Cape Cod Commission, Town of Barnstable government entities, and public input (i.e., over ten public hearings were conducted with the Cape Cod Commission), including the following design modifications. These bullets summarize the extensive work that has gone into the clustering of the Site buildings and minimization of impacts to the wetlands and associated buffer zone. • Parking Reduction: The original Site plan included 515 surface parking spaces. Given Town planning staff and local feedback, the Applicant reduced the residential parking count down to 493 spaces, resulting in a reduction of 22 spaces. This reduction in impermeable surface allowed for additional green space and communal areas between the residential buildings. Notice of Intent – Emblem - Hyannis Page 5-7 This also allowed for tighter clustering of the buildings and reduction of work in wetland buffer zones and Riverfront Areas. • Clustering of Buildings: The residential buildings were realigned to “cluster” the buildings together, resulting in a reduced overall Project footprint. With these changes, the Project design results in residential buildings that are situated around a central core to maximize the preservation of mature trees and shrubs along the perimeter. This intentionally clustered design reduces the overall Project footprint and provides a significant buffer (over 350 feet) from neighboring residences to the new buildings. • Reduction in size of access driveway: The entrance has been redesigned to be smaller in size to reduce traffic impacts at Scudder Avenue. As such, there will be less pavement within the Riverfront Areas at this located and greater buffer zones between the proposed work and the wetlands will be created compared to what exists. • Increased Green Open Space: The reduction in parking together with a realignment of the buildings allowed for additional green open space and communal areas between the residential buildings. • Improved Stormwater Management: The Project was redesigned so that the stormwater management included bioswales and other features that will result in an improvement to water quality and increase in the natural vegetation on the Site. 5.3.2.4 Alternative Lower Density Residential Design This Alternative Lower Density Residential Design alternative would involve the construction of either single-family houses or lower density multifamily residential houses on the Site. Given zoning constraints, the relatively fewer single-family houses that could be constructed would be dispersed over the entirety of the developable acreage, meaning that the environmental impacts would exceed those of the Project despite creating fewer housing units. A less dense multifamily development would be unlikely to generate sufficient revenues to fund the extensive mitigation proposed including the off-site traffic improvements and restoration of the remainder of the Site to a naturally vegetated condition, as proposed by the Redevelopment. As a result, the environmental impacts of the Alternative Lower Density Residential Design would likely exceed those of the Preferred Alternative, while providing less benefits to the community. More specifically, the Project purpose could not be obtained. Most importantly, such housing would not include a diverse range of options to the housing stock and would likely not include any affordable units. Given the cost of acquiring the Site and the required annual maintenance costs, a less-dense residential community would not be economically feasible. Accordingly, any reuse of the Site would require a full redevelopment in order to be economically feasible and to provide the resources necessary to implement the traffic mitigation and environmental restoration. The Project proposes the most desirable use in light of adjacent land uses and if the alternative design is pursued, few or none of the extensive and impactful benefits would be implemented. If the Project is not advanced, given the zoning constraints that limit the potential for an economically feasible development of the Site to Notice of Intent – Emblem - Hyannis Page 5-8 include a lower density residential community, this alternative would not allow for any meaningful impact on Cape Cod’s housing crisis. 5.3.2.5 Alternative Higher Density Multifamily Residential Design A potential alternative to the proposed Project Alternative would be a denser development of greater than 500 units of housing developed in accordance with the Comprehensive Permit provisions of Chapter 40B of the Massachusetts General Laws. The Comprehensive Permit program allows developers of affordable housing to override certain aspects of municipal zoning bylaws and other requirements in accordance with regulations issued and administered by the Massachusetts Department of Housing and Community Development. Given the flexibility of a Comprehensive Permit, it is likely that the environmental impacts of the Higher Density Multifamily Residential Design would include increased parking and traffic, greater incursions into the vegetated buffer between the development and neighboring communities. It is likely that much of the mitigation described herein would not be required. For that reason, the proposed Project will result in more benefits to the community and less environmental impacts compared to the Higher Density Multifamily Residential Design alternative. 5.4 No Significant Adverse Impact (310 CMR 10.58(4)(d)) In accordance with 310 CMR 10.58 (4)(d)1., “Within the 200 foot Riverfront Areas, the issuing authority may allow the alteration of up to 5,000 square feet or 10% of the Riverfront Area within the lot, whichever is greater ….” The calculations provided herein are based on the entire existing Assessor’s parcel which covers 53.9 acres. The total Riverfront Area on the Site is 21.68 acres, 10% of which is equivalent to 2.17 acres. This alteration is allowed with the following performance standards: 1.a. “At a minimum, a 100 foot wide area of undisturbed vegetation is provided… If there is not a 100 foot wide area of undisturbed vegetative cover within the Riverfront Area, existing vegetative cover shall be preserved or extended to the maximum extent feasible to approximate a 100 foot wide corridor of natural vegetation.” One the western side of the Site, the majority of the 100-foot Riverfront Area associated with Joshua’s Brook is comprised of undisturbed vegetation. Where there are areas of disturbance from the golf course and the Conference Center parking lot, these areas are proposed to be restored to the maximum extent as part of the Restoration Plan. The only work proposed within the 100-foot Riverfront Area on the western side of the Site is a small (0.048 acres or about 2,000 s.f.) amount of grading associated with stormwater basin and work associated with the entrance driveway. The amount of paved area in the Riverfront Area associated with the entrance driveway will be reduced. Therefore, there will be an increase in the amount of 100-foot vegetated Riverfront Area with the proposed Project following restoration. On the eastern side of the Site, the majority of the 100-foot Riverfront Area is disturbed with golf course features with a minimal amount of natural vegetation. These disturbed areas are proposed to be restored as part of the Restoration Plan. The only work proposed within the 100-foot Riverfront Area on this side is a small (0.083 acres or 3,600 s.f.) amount of grading associated with Infiltration Notice of Intent – Emblem - Hyannis Page 5-9 Basin 2. Therefore, there will be a substantial increase in the amount of 100 foot vegetated Riverfront Area with the proposed Project. There will be a substantial increase in the amount of 100-foot Riverfront Area that will be vegetated following the implementation of the Restoration Plan. The amount of work proposed within the 100-foot Riverfront Area is less than what exists under existing conditions as shown in Table 2 and 3. 1.b. “…structural stormwater management measures may be allowed only when there is no practicable alternative.” The two stormwater basins have been designed to be located outside of the 100-foot Riverfront Area and located within the 200-foot Riverfront Area where the elevation is lower than the proposed Redevelopment. That is, the stormwater basins need to be located at a lower elevation than the proposed development in order to function properly. For this Site, the lower elevations are located along the slopes that are located within the Riverfront Areas. For this reason, there are no practicable alternatives for locating the stormwater basins outside of the Riverfront Area. 1.c. “Proposed work which does not meet the requirement of 310 CMR 10.58(4)(d)1.a. may be allowed only if an applicant demonstrates by a preponderance of evidence from a competent source that an area of undisturbed vegetation with an overall average width of 100 feet will provide equivalent protection of the Riverfront Area, or that a partial rebuttal of the presumptions of significance is sufficient to justify a lesser area of undisturbed vegetation.” All work complies with 310 CMR 10.58(4)(d)1.a. The only work proposed within the 100-foot Riverfront Area is a portion of the access driveway (allowed as redevelopment due to the presence of the pavement and as a limited project) and minor grading associated with the stormwater basins which is allowed under 1.b. described above. A 100-foot wide area of undisturbed vegetation will be restored in all other areas of the Riverfront Area as outlines in the Restoration Plan which provides for the replanting of vegetation in areas where the buffer zone has been disturbed due to golf course clearing and management activities. 1.d. “Proposed work shall not impact groundwater or surface water quality by incorporating erosion and sedimentation controls and other measures to attenuate nonpoint source pollution.” See Section 6.0 for additional information on stormwater measures of the operation phase and erosion and sedimentation controls during the construction phase. 5.5 Redevelopment with Riverfront Area According to 310 CMR 10.58(5), redevelopment within a Riverfront Area may be allowed in previously developed Riverfront Area which is defined as containing “…areas degraded prior to August 7, 1996 by impervious surfaces from existing structures or pavement, absence of topsoil….” At the Site, previously degraded areas consist of the existing pavement at the access driveway, emergency access, and features of the golf course such as sand traps and paved and gravel interior paths where topsoil has been deliberately removed. The entire access driveway is located within previously degraded area, therefore, the impact associated with this activity is not subject to the maximum 10% limit of Notice of Intent – Emblem - Hyannis Page 5-10 Riverfront Area alteration allowed. The following performance standards are required for this work which are fully met by the Project design: (a) Proposed work shall result in an improvement over existing conditions of the capacity of the riverfront area to protect the interests identified in the WPA. When a lot is previously developed but no portion of the riverfront area is degraded, the requirements of 310 CMR 10.58(4) shall be met. (b) Stormwater management is provided according to standards established by the MassDEP. (c) Within 200-foot riverfront areas, proposed work shall not be located closer to the river than existing conditions or 100 feet, whichever is less. (d) Proposed work, including expansion of existing structures, shall be located outside the riverfront area or toward the riverfront area boundary and away from the river (not applicable) (e) The area of proposed work shall not exceed the amount of degraded area, provided that the proposed work may alter up to 10% if the degraded area is less than 10% of the riverfront area. (f) When an applicant proposes restoration on-site of degraded riverfront area, alteration may be allowed notwithstanding the criteria of 310 CMR 10.58(5)(c), (d), and (e) at a ratio in square feet of at least 1:1 of restored area to area of alteration not conforming to the criteria. Areas immediately along the river shall be selected for restoration. Alteration not conforming to the criteria shall begin at the riverfront area boundary. Restoration shall include: 1. removal of all debris, but retaining any trees or other mature vegetation; 2. grading to a topography which reduces runoff and increases infiltration; 3. coverage by topsoil at a depth consistent with natural conditions at the site; and 4. seeding and planting with an erosion control seed mixture, followed by plantings of herbaceous and woody species appropriate to the site; (g) When an applicant proposes mitigation either on-site or in the riverfront area within the same general area of the river basin, alteration may be allowed notwithstanding the criteria of 310 CMR 10.58(5)(c), (d), or (e) at a ratio in square feet of at least 2:1 of mitigation area to area of alteration not conforming to the criteria or an equivalent level of environmental protection where square footage is not a relevant measure. Alteration not conforming to the criteria shall begin at the riverfront area boundary. (h) The issuing authority shall include a continuing condition in the Certificate of Compliance for projects under 310 CMR 10.58(5)(f) or (g) prohibiting further alteration within the restoration or mitigation area, except as may be required to maintain the area in its restored or mitigated condition. Prior to requesting the issuance of the Certificate of Compliance, the applicant shall demonstrate the restoration or mitigation has been successfully completed for at least two growing seasons. Notice of Intent – Emblem - Hyannis Page 5-11 5.6 Summary The proposed Project design meets all of the Riverfront Area regulations. Work proposed within the Riverfront Areas that is allowable pursuant to the WPA includes the following: • Construction of the access driveway as that work is considered redevelopment due to the presence of existing pavement pursuant to 310 CMR 10.58(5). • Construction of the access driveway and emergency access as that work is considered a limited project pursuant to 310 CMR 10.53(3)(e). • Construction of the utilities beneath the access driveway and emergency access as that work is considered a limited project pursuant to 310 CMR 10.53(3)(d). • Stormwater management features as they are required to be located lower on the landscape from the proposed development in order to function properly pursuant to 310 CMR 10.58(4)(d)1.a and b. • The remaining work in the Riverfront Area is the grading associated with the buildings which does not exceed the allowable 10% provision for alteration pursuant to 310 CMR 10.58(4)(d) as shown on Table 4. Notice of Intent – Emblem - Hyannis Page 6-1 6.0 Construction Phasing, Stormwater, and Erosion Control 6.1 Construction Phasing Quarterra intends to construct the Project as quickly and efficiently as possible. Given the overall scale of the Redevelopment, timing and phasing depends on economic and other factors. As a result, the Project may be built in multiple phases consisting of approximately two to four buildings at a time, and opened and occupied when completed. All clearing and grading will be limited to the areas related to the cluster of buildings, which are located on the northern and central portion of the Site. Temporary construction safety fencing will be placed around all active construction areas as separation from occupied buildings. Mitigation measures will be implemented during and after construction of the Project in order to minimize not only any potential impacts, but also any temporary impacts of construction. Quarterra has developed an Environmental Management System (EMS) that will be utilized site-wide during construction. This protocol will be incorporated directly into the contract documents for the Redevelopment’s General Contractor and is designed to guide and promote company-wide compliance with current environmental regulatory programs. The EMS includes components that ensure proper stormwater management and spill prevention. During the construction process, there will be daily, monthly, and quarterly reporting requirements, in addition to field workshops that will be required of the onsite construction team. Finally, the monitoring process continues post-construction to ensure the successful close-out of the construction phase and the transfer of BMPs to the onsite management team. The Project will disturb greater than one acre of area, therefore, a Notice of Intent under the National Pollutant Discharge Elimination System (NPDES) program including the required Stormwater Pollution Prevention Plan (SWPPP), will be filed with the US Environment Protection Agency (EPA) prior to the start of construction. The construction team will be responsible for conducting periodic inspections as required after rainfall events per the Project SWPPP. 6.2 Stormwater The stormwater report for the Project is provided in attached to this Notice of Intent entitled Drainage Analysis Report prepared by Pesce Engineering & Associates, Inc. dated August 7, 2023 which includes the MassDEP Checklist for Stormwater Report. The Project is designed to meet all stormwater quality under the Town of Barnstable stormwater requirements (Zoning Bylaw Sections 240-24.1.4. D. (3) and 240-103 I.)and the MassDEP Stormwater Management Guidelines as outlined in the Massachusetts Stormwater Handbook. Development plans show the proposed stormwater management system including bioretention and landscaping areas. In addition, the stormwater management system will comply with “Design Storm Events” (up to the 100-year storm) in the National Oceanic and Atmospheric Administration Atlas 14, Volume 10, Version 3 (Precipitation). The proposed stormwater management system provides no increase of the stormwater peak rate of runoff or peak volume from the site, as compared to the existing conditions, for all storm events. Notice of Intent – Emblem - Hyannis Page 6-2 For treatment of total suspended solids (TSS), Appendix E of the Drainage Analysis shows the TSS removal calculations for the proposed conditions for all three design points. These calculations show a minimum TSS removal of ≥ 90% for this project. In summary, the results of this stormwater analysis indicate that the sizing of the proposed infiltration systems is adequate for all design storm events. The proposed peak rates of runoff are less than the existing peak rates of runoff, and do not create any off-site flooding impacts. Additionally, the proposed design will provide excellent TSS removal, and infiltration and recharge of runoff. 6.3 Erosion Control The Drainage Analysis contains both a Construction Period Pollution Prevention Plan and a Stormwater Operations and Maintenance Plan (O&M Plan), along with manufacturer’s information for the proper maintenance of the Contech® CDS (continuous deflective separator) water quality unit (WQU). Proper routine inspection and maintenance recommendations are included in this manufacturer’s guide/manuals. Appropriate erosion control and construction methods shall be employed to prevent sediment erosion and dust during construction. The NPDES permit is required including a SWPPP which will be used during construction. Staked hay bales and silt fence shall be located at all down gradient areas of construction activity as shown on the Site plans (see Sheet 13 of 17, Erosion Control Plan of the Site plan set). Erosion controls shall be inspected weekly and after significant rainfalls (1-inch or greater) and replaced where necessary. Double rows of hay bales may be required in isolated areas where site conditions require this additional protection. Additional silt fencing may also be required, as directed by the Engineer. All finished slopes and graded areas are to be stabilized with landscaping. Temporary measures such as mulching of slopes during non-planting seasons will be required. A temporary construction entrance will be installed consisting of a 20’ x 50’ x 6- inch deep (min.) rip-rap crushed stone tracking pad, in order to minimize the tracking of soils/sediment to any off-Site areas. Appendix A: Restoration Plan Emblem-Hyannis Restoration Plan Barnstable, Massachusetts December 8, 2022 Prepared By: ILEX Environmental, Inc. Prepared For: Quarterra 99 Summer Street, Suite 701 Boston, MA 02110 Emblem-Hyannis Restoration Plan Page i Emblem-Hyannis Restoration Plan Barnstable, Massachusetts 1.0 Introduction ..........................................................................................................................1 2.0 Existing Conditions .................................................................................................................5 2.1 Uplands ............................................................................................................................................ 5 2.2 Wetlands .......................................................................................................................................... 8 2.3 Specimen Trees ................................................................................................................................ 8 2.4 Invasive Species ............................................................................................................................... 9 2.5 Soils .................................................................................................................................................. 9 3.0 Management Areas .............................................................................................................. 11 4.0 Testing and Management Options ........................................................................................ 13 4.1 Chemical Soil Testing ..................................................................................................................... 13 4.2 Physical Soil Testing ....................................................................................................................... 13 4.3 Soil Treatment Options .................................................................................................................. 14 4.3.1 Soil Decompaction Treatment .......................................................................................... 14 4.3.2 Soil Amendments .............................................................................................................. 14 4.4 Vegetation Management Options ................................................................................................. 15 4.4.1 Removal of Herbaceous and Grass Vegetation ................................................................ 15 4.4.2 Removal of Woody Vegetation ......................................................................................... 15 4.4.3 Revegetate Naturally ........................................................................................................ 15 4.4.4 Seeding of Herbaceous and Grass Seed Mix ..................................................................... 15 4.5 Planting of Native Plant Species .................................................................................................... 15 4.5.1 Site Preparation ................................................................................................................ 16 4.5.2 Watering ........................................................................................................................... 17 4.5.3 Fertilizing ........................................................................................................................... 17 4.6 Wildlife Habitat Features ............................................................................................................... 17 4.7 Invasive Species Management Options ......................................................................................... 18 4.7.1 Herbicide Application........................................................................................................ 18 4.7.2 Mechanical Removal ......................................................................................................... 18 4.7.3 Species Specific Treatment ............................................................................................... 18 4.8 Erosion Control .............................................................................................................................. 19 5.0 Monitoring and Maintenance ............................................................................................... 20 5.1 Goals .............................................................................................................................................. 20 5.2 Inspections ..................................................................................................................................... 20 5.3 Recommended Monitoring Standards ........................................................................................... 20 5.4 Reporting ....................................................................................................................................... 21 Emblem-Hyannis Restoration Plan Page ii List of Figures Figure 1: USGS Locus Map ........................................................................................................................... 2 Figure 2: Restoration Area ........................................................................................................................... 3 Figure 3: Revised Layout over Aerial Photo ................................................................................................. 4 Figure 4: Vegetative Cover Types ................................................................................................................. 7 Figure 5: Soils ............................................................................................................................................. 10 Figure 6: Management Areas ..................................................................................................................... 12 List of Tables Table 2-1: Native Vegetation Species Observed on the Site ........................................................................ 6 Table 2-2: Specimen Trees ........................................................................................................................... 9 Table 2-3: Invasive Plants Identified at the Site ........................................................................................... 9 Table 3-1: Treatment Options by Golf Course Feature .............................................................................. 11 List of Appendices Appendix A: Site Photographs Appendix B: Management Areas Emblem-Hyannis Restoration Plan Page 1 Emblem-Hyannis Restoration Plan Barnstable, Massachusetts 1.0 Introduction The Emblem-Hyannis Restoration Plan provides an outline of work proposed for the restoration of approximately 9.82 acres of land that is presently an active golf course (see Figure 1) as mitigation for the redevelopment of the site. These 9.82 acres will be part of the 20.11 acre open space area that will be protected under a Conservation Restriction (see Figure 2). The restoration area is located between the main tree line which parallels both Joshua’s Brook and Stewart’s Creek and the limit of the proposed development. The remainder of the CR is vegetated with forested areas, wetlands, and waterways. The revised site plan which clusters development away from the wetlands is shown in Figure 3. Approximately 9.82 acres of previously disturbed golf course areas will be restored by either allowing for natural revegetation or the planting native species of trees, shrubs, and groundcover to help restore these areas, improve the vegetated buffers, and allow for a more natural appearance and environment. Planting of native species of trees and shrubs along the new community’s perimeter in the areas of the existing golf course (which represents degraded habitat), will improve the vegetated buffer and habitat for wildlife, and allow these areas to return to a more natural state. The plantings described in this plan do not include the landscaping proposed for the development. This plan will be implemented by licensed landscape professionals who have experience in large-scale restoration projects. The following are goals and objectives of the Restoration Plan: • Restore managed turf areas with native plantings • Create a more natural appearing environment • Enhance buffers between existing natural areas and areas to be developed • Increase habitat diversity • Create passive recreation opportunities through development of trail systems • Develop educational signage program • Create restored areas that are able to self-maintain without any interventions to allow for natural revegetation Emblem-Hyannis Restoration Plan Page 2 Figure 1: USGS Locus Map Site Locus Emblem-Hyannis Restoration Plan Page 3 Figure 2: Restoration Area Emblem-Hyannis Restoration Plan Page 4 Figure 3: Revised Layout over Aerial Photo Emblem-Hyannis Restoration Plan Page 5 2.0 Existing Conditions The topography of the Site is relatively flat (from clearing activities to build the golf course), with some small hills, ranging in surface elevation from approximately 35 feet in elevation above mean sea level (MSL) at the high point near the center, to approximately to 5 feet in elevation along the southeastern side near Stewart’s Creek. There are moderate to steep-sided slopes between the uplands and wetlands adjacent to the two perennial streams. The southern tip of the Site is approximately 2,100 feet north of the mean high water line at Hyannis Harbor. The wetlands at the Site are freshwater transitioning to a more estuarine (i.e., salt water) habitat to the south of the Site and are likely freshwater wetlands that are tidally influenced. This section describes the upland and transitional wetland habitats observed at the site which will be used to help guide the type of restoration to be designed. Photographs of existing conditions are provided in Appendix A. A general vegetation cover type map is provided as Figure 4. Native and non-native invasive vegetation is present on the site. Native species identified are provided in Table 1 and invasive species are provided in Table 2. These lists are not intended to catalog every species at the site but to document the most common species in addition to providing a summary of what habitat those plants are commonly found. 2.1 Uplands The majority of the Site is a golf course that includes all of the highly managed play areas and landscape features, both vegetated and unvegetated, that typically occur at a golf course including tee boxes, fairways, greens, and roughs (all of which are frequently mowed and irrigated), also sand traps, paved and unpaved cart paths, water features (or “hazards”), and small service structures. In addition to the highly managed play areas, upland cover types include managed woodland “in course” and pitch pine- mixed oak woodland as described below. The restoration involves areas that are presently managed turf, sand traps, and buffer areas between managed areas and natural areas. • Managed Woodland “in-course”: Open woodland areas are managed within the golf course that serve as boundaries between many of the numbered fairways. These woodland areas are of various widths and consist primarily of mature hardwood trees with lesser amounts of coniferous trees. Scarlet oak (Quercus coccinea) is the predominant hardwood species and pitch pine (Pinus rigida) is the predominant coniferous species. Other than mowed grass, a woody understory within these woodland areas is absent. • Pitch Pine-Mixed Oak Woodland: The only unmanaged upland cover type at the golf course is the pitch pine-mixed oak woodland, which comprises only relatively small and narrow portions of the Site. This cover type of comprised of mature, second-growth oak with scattered pines. This cover type is located between the wetlands along Joshua’s Brook and the west margin of the golf course and between the wetlands along Stewart’s Creek and the east margin of the course. This cover type has a canopy of pitch pine and tree oaks such as black oak (Quercus velutina), scarlet oak, chestnut oak (Q. prinus), and white oak (Q. alba), with blueberries (Vaccinium angustifolium and V. pallidum), black huckleberry (Gaylussacia baccata), and other ericaceous shrubs forming an often continuous low shrub layer. Emblem-Hyannis Restoration Plan Page 6 Table 2-1: Native Vegetation Species Observed on the Site Common Name Scientific Name Habitat Layer Wild sarsaparilla Aralia nudicaulis Upland Herbaceous Pennsylvania sedge Carex pensylvanica Upland Herbaceous Pink lady’s slipper Cypripedium acaule Upland Herbaceous Wintergreen Gaultheria procumbens Upland Herbaceous Spotted touch-me-not Impatiens capensis Wetland Herbaceous Cinnamon fern Osmunda cinnamomea Wetland Herbaceous Royal fern Osmunda regalis Wetland Herbaceous Common reed Phragmites australis Wetland/Transitional Herbaceous Bracken fern Pteridium aquilinum Upland Herbaceous Skunk cabbage Symplocarpus foetidus Wetland Herbaceous Coastal sweet pepperbush Clethra alnifolia Wetland/Transitional Shrub Silky dogwood Cornus amomum Wetland Shrub Black huckleberry Gaylussacia baccata Wetland/Transitional Shrub Hightide bush Iva frutescens Wetland/Coastal Shrub Spicebush Lindera benzoin Wetland/Transitional Shrub Sweet gale Myrica gale Wetland Shrub Swamp azalea Rhododendron viscosum Wetland Shrub Swamp rose Rosa palustris Wetland Shrub Virginia rose Rosa virginiana Transitional Shrub Elderberry Sambucus canadensis Wetland Shrub Lowbush blueberry Vaccinium angustifolium Upland Shrub Highbush blueberry Vaccinium corymbosum Wetland/Transitional Shrub Blue ridge blueberry Vaccinium pallidum Wetland/Transitional Shrub Northern arrowwood Viburnum dentatum Wetland/Transitional Shrub Red maple Acer rubrum Wetland/Transitional Tree Alder Alnus spp. Wetland Tree Black tupelo Nyssa sylvatica Wetland/Transitional Tree White pine Pinus strobus Upland Tree Pitch pine Pinus rigida Upland Tree White oak Quercus alba Upland Tree Scarlet oak Quercus coccinea Upland Tree Scrub oak Quercus ilicifolia Upland Tree Dwarf chestnut oak Quercus prinoides Upland Tree Chestnut oak Quercus prinus Upland Tree Black oak Quercus velutina Upland Tree Catbrier Smilax rotundifolia Transitional Vine Scattered patches of scrub oak (Q. ilicifolia) and bear oak (Q. prinoides) can be dense. Catbrier and other briers (Smilax rotundifolia and Smilax spp.) often make dense barriers around low, dense openings. The herb layer is generally sparse with bracken fern (Pteridium aquilinum), wild sarsaparilla (Aralia nudicaulis), wintergreen (Gaultheria procumbens), Pennsylvania sedge (Carex pensylvanica), and, less commonly, pink lady’s slipper (Cypripedium acaule). Occasional white pine (Pinus strobus) and red maple (Acer rubrum) contribute to the canopy. Emblem-Hyannis Restoration Plan Page 7 Figure 4: Vegetative Cover Types Emblem-Hyannis Restoration Plan Page 8 2.2 Wetlands This vegetation cover types found in the wetlands at the Site including red maple- tupelo wooded swamp, phragmites emergent tidal marsh, and fresh/brackish tidal shrubland (scrub-shrub emergent tidal marsh). Wetland resources form the Site’s eastern, western, and southern boundaries. Generally, the transition from golf course and other upland areas to wetland habitat in most areas of the Site is abrupt due to existing, moderate to steep-grade slopes and golf course management practices. • Red Maple-Tupelo Wooded Swamp: Forested wetland habitats occurring along and near these streams are red maple and black tupelo (Nyssa sylvatica)-dominant woodland habitats. These wooded wetlands habitat exhibit a dense woody understory in most locations and support species including coastal sweet pepperbush (Clethra alnifolia), spicebush (Lindera benzoin), northern arrowwood (Viburnum dentatum), highbush blueberry (Vaccinium corymbosum), and swamp azalea (Rhododendron viscosum). Where trees are sparse or absent along the streams, dense woody and herbaceous vegetation comprise the wetland habitats. Silky dogwood (Cornus amomum), alder (Alnus spp.), elderberry (Sambucus canadensis), cinnamon fern (Osmunda cinnamomea), royal fern (O. regalis), skunk cabbage (Symplocarpus foetidus), and spotted touch- me-not (Impatiens capensis) occur frequently in the more open wetland landscape. • Phragmites Emergent Tidal Marsh: Unlike Joshua’s Brook, Stewart’s Creek along the eastern boundary of the Site eventually daylights from a wooded swamp into an expansive emergent tidal marsh that is common reed (Phragmites australis)-dominant. • Fresh/Brackish Tidal Shrubland: At the southern extent of the Site, where the two waterways converge and where common reed or wooded swamp do not comprise the wetland habitat, a plant community consistent with a fresh/brackish tidal shrubland occurs. Species including hightide bush (Iva frutescens), swamp rose (Rosa palustris), Virginia rose (R. virginiana), and sweet gale (Myrica gale). There is no salt marsh located on or near to the Site. • Waterways and Water Bodies: Joshua’s Brook and Stewart’s Creek are perennial streams that comprise the western and eastern Site boundaries. Joshua’s Brook flows from Fawcett’s Pond and Stewart’s Creak flows from Aunt Betty’s Pond. These streams converge at the southern end of the Site and flow south eventually discharging into Nantucket Sound beneath a culvert at Ocean Avenue. There are artificially created freshwater open water areas within the golf course, all of which serve as water hazards. They are all relatively shallow in depth and each exhibits a relatively narrow band of woody and herbaceous vegetation serving as a buffer between the water margin and mowed golf course area. The vegetated pond margins are comprised of an assemblage of native plant species and invasive plant species including large gray willow (Salix cinerea / S. atrocinerea), multiflora rose (Rosa multiflora), and Asiatic bittersweet (Celastrus orbiculatus). 2.3 Specimen Trees On September 26, 2022, a count of the specimen trees to be cut within the limit of work were counted for an exact number of trees to be replaced in accordance with the Cape Cod Commission’s Wildlife and Plant Habitat Technical Bulletin. Specimen trees are defined as softwoods greater than 18” dbh (diameter at breast height) and hardwoods greater than 12” dbh. The following table provides the data collected. Emblem-Hyannis Restoration Plan Page 9 Table 2-2: Specimen Trees Type of Tree Tree Species Number Counted Hardwood Black oak 119 Hardwood White oak 10 Hardwood Black cherry 1 Hardwood Red maple 4 Softwood Pitch Pine 10 Total 144 Previously, the amount of 375 specimen trees had been provided in documents submitted to the Cape Cod Commission. This amount represents the estimated number of specimen trees on the entire site. Approximately 144 trees (including a mixture of deciduous and evergreen trees) are proposed to be planted over the 9.82 acres restoration area. Additional trees will be planted in the development area so that in total, there will be 350 trees planted on the Site. In addition, there are other vegetation management (or treatment) options as described below. The restoration plantings together with the landscaped plantings will provide greater habitat values in conjunction with each other. 2.4 Invasive Species Woody invasive species are prevalent at the Site within unmanaged plant communities. Vegetated areas appearing most impacted by invasive plants are along the margins of the two ponds and two surface water bodies and along the margins of in-play golf areas at the Site’s perimeter. Invasive species most frequently encountered at the Site are listed in the table below. The species noted below were observed in altered areas and are not as commonly found within the more natural areas on the site. Table 2-3: Invasive Plants Identified at the Site Common Name Scientific Name Habitat Layer Multiflora rose Rosa multiflora Upland Shrub Glossy buckthorn Frangula alnus Upland Shrub Large gray willow Salix cinerea Wetland/Transitional Tree/shrub Asiatic bittersweet Celastrus orbiculatus Upland Vine Morrow’s honeysuckle Lonicera morrowii Upland Shrub Japanese honeysuckle Lonicera japonica Upland Shrub Norway maple Acer platanoides Upland Tree European privet Ligustrum vulgare Upland Shrub Japanese knotweed Fallopia japonica Upland Herbaceous Common reed Phragmites australis Wetland/Transition Herbaceous 2.5 Soils According to the USDA Natural Resource Conservation Service (NRCS), soils at the Site are comprised primarily as Carver coarse sand for upland areas and as either Freetown coarse sand or Freetown and Swansea mucks for wetland areas along both stream corridors (see Figure 5). For the wetland habitat at the most southern end of the Site, the soil type is mapped as Ipswich - Pawcatuck - Matunuck complex Emblem-Hyannis Restoration Plan Page 10 (0-2% slopes, very frequently flooded). Soil profile observations made during wetland delineation efforts were generally consistent with the descriptions of these identified soil types. None of the soil classes identified for the Site are defined as Prime Farmland, Farmland of Unique Importance, or Farmland of Statewide Importance. Figure 5: Soils Emblem-Hyannis Restoration Plan Page 11 3.0 Management Areas In order to determine what restoration treatment is to go in what location, we have identified five management areas as described below. Each management area typically includes all or some of the typical features found in a golf course (i.e., tees, fairways, roughs, bunkers, water hazards, cart paths, buildings, putting greens, etc.) Each feature may require specific treatment depending on conditions in the field such as soil compaction, soils chemistry, type of vegetation present including grass used for the different parts of a course, removal of subsurface irrigation, removal of buildings or other structures, etc. This section describes the management areas and the restoration of different habitats. The 9.82 acres has been divided up into five areas (Area A through Area E) as shown on Figure 5. Oblique aerial photos are included for each of the management areas to show more detail of what existing conditions are. These photos are provided in Appendix B. The following table provides an overview of the treatment proposed based on the existing golf course feature. Table 3-1: Treatment Options by Golf Course Feature Golf Course Feature Acreage Treatment Proposed Tees and Greens 1.88 • Removal of grass • Aeration of surficial and subsoils • Removal of gravel drainage material if appropriate • Removal of piping if present • Planting of trees and shrubs Fairways 2.15 • Removal of grass if considered invasive • Determine if surficial and subsoils need aeration • Regrade if needed for more natural landscape • Planting of trees and shrubs Roughs 2.85 • Allow to revegetate naturally where native grasses are present • If any of the roughs contain invasive grasses, treat like fairways Bunkers/Sand Traps 0.26 • Determine if areas are compacted, aeration if needed • Maintain some sand traps for diversity of habitat, possible turtle nesting areas if any individuals are nearby Managed Woodlands 1.46 • Determine if areas are compacted, aeration if needed • Plant some understory • Allow remainder of understory to revegetate naturally • Manage for invasive species Water Hazards/Ponds 0.92 • Allow edges and buffer zones to revegetate naturally • Supplemental plantings of shrubs and trees • Allow for access to ponds edge in limited areas • Manage for invasive species Cart Paths 0.31 • Allow unpaved cart paths to remain as walking trails • Remove pavement from paved cart paths and replace with gravel or other similar suitable material • If necessary, remove compacted soils in areas where walking trails are not needed or need to be relocated • Allow natural vegetation to grow along edges of cart paths for a more natural experience • Maintain walking trails per recreational specifications (to be determined) Structures NA • Maintain existing structures which may be used in association with possible recreational trails TOTAL 9.82 acres Emblem-Hyannis Restoration Plan Page 12 Figure 6: Management Areas Area A Area B Area C Area D Area E Emblem-Hyannis Restoration Plan Page 13 4.0 Testing and Management Options Management and control methods were selected to avoid or minimize adverse impact on the surrounding plant communities and are organized in the sections below by soil treatment options, vegetation treatment options, and invasive species treatment options. A combination of the treatment options will be utilize to provide for a comprehensive restoration of the landscape. 4.1 Chemical Soil Testing Chemical soil testing and physical soil testing will occur as described below in order to determine the level of de-compaction that is needed and to determine if any soil supplements will be required as part of the restoration. As noted in the CCC staff report dated June 6, 2022, this section provides details on soil testing that will proceed as part of the Restoration Plan and the details below can be included in the Development Agreement terms and conditions as appropriate. Given the site’s historical use as a golf course, soil chemistry may be altered, and soils may be compacted. Therefore, prior to any restoration, staff suggests the applicant test the soils for nutrient levels and acidity to help inform appropriate plantings and loosen or de-compact soils to help store water and assist seed establishment. Commission staff recommends that any Development Agreement include terms and conditions to this effect. A testing plan (including the number and location of test cores) will be developed for the testing of the soils within the restoration area, specifically the areas where open golf course features are located (i.e., fairways, greens, tees, etc.) Testing will also occur within the managed woodlands to a lesser degree. Samples will be taken about 4-6 inches beneath the vegetated surface and placed in a clean container appropriately labelled. Samples may be mixed together for a composite sample from similar areas, if appropriate. Testing will include standard parameters such as pH, levels of nitrate, phosphorus, potassium, calcium, magnesium, manganese, iron, zinc, salt, etc. Soil texture will help to determine soil moisture potential, nutrient availability, and potential erosion. Percent organic matter in soils is an important test to determine if additional of organic matter will be required to support new plantings. Laboratories used for testing may include the Cape Cod Extension Service, University of Massachusetts Amherst soil testing laboratory, or a commercial laboratory. Chain of custody forms will be used for all samples. The results of the testing will dictate if any applications of amendments such as lime or other fertilizer is needed. Some laboratory results may even provide recommendations for soil supplements. Once the analyses are received, they will be analyzed to determine the appropriate level of organic matter and other soil supplements like nitrogen, phosphorus, and potassium that need to be added to aid in the success of the restored vegetation. This analysis will also include determination of what needs to be acted on as the new vegetation is planted and if there is any need to continue adding supplements for the near future. The goal is to limit future supplements in order that the restored areas are able to self- maintain without any interventions. 4.2 Physical Soil Testing Testing of the physical characteristics of the soil at the site will take two forms: soil texture (tested in a laboratory) and soil compaction (tested in the field). Emblem-Hyannis Restoration Plan Page 14 Testing of soil texture will occur as part of the chemical testing (see previous section). Testing of soil compaction is needed in certain areas where there has been past grading or alteration of soils such as tees, greens, etc. The site is comprised of Carver coarse sands which are anticipated to be less disturbed with less compaction in areas such as the managed woodlands. Limited testing of soil particle size (texture) is proposed as the native soil is Carver coarse sands that may have been supplemented with organic matter. For purposes of this restoration plan, the upland restoration areas are presumed to contained sandy soils. Therefore, only half of the samples taken for chemical analysis will be tested for soil particle size in order to confirm existing conditions. Testing of soil compaction occurs in the field using a specialized tool called the penetrometer. It is likely that portion of the golf course have been compacted during construction and operations of the golf course and will be mostly located in the upper surficial soils. In order to determine this, the penetrometer will be used in transects throughout the site. At each station, the depth of the penetrometer and the pounds per square inch (psi) are recorded. Readings will be taken in areas with more foot traffic from the golf course and compared with areas with less traffic. Once the field work has been completed, the readings will be charted and analyzed. Readings below 30 psi = no compaction; 30 to 50 = slight compaction; 50-75 = moderate compaction, and above 75 psi = severe compaction. 4.3 Soil Treatment Options Based on these readings, the type of de-compaction treatment can be identified as described below. 4.3.1 Soil Decompaction Treatment Mechanical treatment of compacted soils will be dependent if the soil readings indicate moderate or severe compaction. No treatment is recommended for areas with no or slight compaction. Specialized equipment may be used including, but not limited to, plug aeration which improves drainage and aeration and reduces compaction and tilling the soil which breaks up and reduces compaction. The depth of the tilling will be based on field readings and typically will be performed within the top six inches but may go deeper if deeper compaction is found. This mechanical treatment reduces compaction of soils, allows for more robust growth of roots by breaking up the compacted soil structure, allows vegetation roots to absorb more oxygen in order to respire, allows the soils for greater uptake of rainfall, increases soil moisture levels, and aids to increase buildup of organic matter over time. 4.3.2 Soil Amendments As the area is comprised primarily of sand, soil amendments will help to improve the sands ability to hold moisture which in turn will hold more nutrients to be taken up by vegetation. Soil amendments may be needed and the soil tests described previously will determine the type and application rates of amendments. Examples of amendments include compost, manure, other organic matter, and lime (to adjust the soil pH). If amendments are needed, one single treatment would be preferable at a minimum in the beginning of the restoration work before or during planting of the vegetation. The amendments can be incorporated into the soils using large machinery if the top soil (and grass layer) has been removed. The goal is to limit future supplements in order that the restored areas are able to self-maintain without any interventions. Emblem-Hyannis Restoration Plan Page 15 The use of different mulches will be determined depending on the vegetation type to be planted, topography, and slope. Mulches are used with the initial plantings in order to retain moisture, protect the roots of the plants from extreme heat or cold, and to reduce weed growth. 4.4 Vegetation Management Options The restoration of the former golf course areas will have new plantings of trees, shrubs and ground cover with native species compatible to the area. Approximately 144 trees (including a mixture of deciduous and evergreen trees) are proposed to be planted over the 9.82 acres restoration area. Additional trees will be planted in the development area so that in total, there will be 350 trees planted on the Site. In addition, there are other vegetation management (or treatment) options as described below. 4.4.1 Removal of Herbaceous and Grass Vegetation Removal of grass may be used in specific areas such as tees and greens in order to remove the thick layer of grass. Other options may include removing portions of these areas and breaking up the grass mat in others to allow it to grow naturally. The treatment depends on the type of grass to be identified. 4.4.2 Removal of Woody Vegetation In some instances, there may be the need to remove woody species especially if they are non-native and invasive (i.e., multiflora rose, Norway maple). In these areas where individuals have been removed will be replanted if appropriate. There may be existing native plants nearby that would be able to grow into the space where the invasive species was removed. If larger areas of removal are required, then additional plants will be replanted appropriate to the location on the landscape. 4.4.3 Revegetate Naturally Where there is already existing natural vegetation within the restoration area, these areas may be left to revegetate naturally with no additional treatment. There may be areas such as the managed woodlands that may be left to revegetate naturally if located on the edge of a restoration area with minimum width. 4.4.4 Seeding of Herbaceous and Grass Seed Mix In areas such as the greens and the tees, once the soil treatment has occurred, these areas will be revegetated with appropriate seed mixes that contain a variety of native species that can survive in conditions found on Cape Cod. These disturbed areas will be seeded following grading with an upland native seed mix such as the New England Conservation/Wildlife Mix or similar seed mix. The soil will be prepared through tilling or other mechanical means to allow for success of the seeds to be stratified. 4.5 Planting of Native Plant Species When making the final choices for what is to be planted may depend on what is available at the time of planting. Substitutions for proposed plantings are appropriate if approved by the environmental monitor. All efforts shall be made to avoid cultivars of native plants. Cultivars may be sterile so they are unable to cross-pollinate which may reduce the availability of pollen and nectar food sources to Emblem-Hyannis Restoration Plan Page 16 pollinators such as bees and butterflies. Cultivars may also be different from the native species in color, growth form, foliage shape, bloom time, other physical characteristics, and lack genetic diversity. Native wildlife may not be able to utilize the cultivars as they would native species due to the physical and possibly chemical changes of the vegetation. At this time, the revised site plan design including stormwater basins is being finalized. Once completed the following general guidelines will be applied to the restoration areas: • Trees: Tree sizes depends on the site conditions and site accessibility but for the most part it is anticipated that deciduous/hardwood trees will be of approximately 2-inch diameter and evergreen/softwood trees will be approximately 6-feet in height. We have specified small diameter (or caliper) tree sizes for the restoration area compared to the landscaping proposed in the development area as it is generally better to plant smaller sizes which are able to establish and root faster and acclimate better for better survival rate and increased growth rates. In addition, these trees will have less water needs than if planted at a larger size. All materials will depend on availability. Some tree species cannot be located locally of this size, therefore, it should be acknowledged that smaller diameter plants may be substituted as necessary. It is recommended that clustering of the trees saplings occur to create a more natural look than planting on a grid system. Based on the number of specimen trees counted as described in Section 2.0, at least 144 trees will be planted in the restoration areas, primarily in the tee and green areas where soils will be de-compacted and planted with wildflower meadow plants. In these areas, depending on the specific shape of the area to be restored, the trees can be clustered at a spacing no less than 10 feet on center for softwoods and 20 feet on center for hardwoods. • Shrubs: Shrub sizes depends on availability of locally grown native species. Most shrubs are available in the #1, #2, and #3 gallon sizes. It is recommended that clustering of the shrubs occur to create a more natural look than planting on a grid system. We propose to plan approximately 350 shrubs to be clustered in groupings similar to how the trees are proposed to be planting in the restoration area. We recommend clustering tree and shrub plantings together or create areas of just shrubs closely spaced to create immediate wildlife habitat. Please refer to the Landscape Plans and the “bioretention area palette” proposed for a list of shrubs that are acceptable for shrub plantings. Consultation with the Barnstable Conservation Commission will also inform the final species list and quantities to plant. • Groundcover: Groundcovers or other herbaceous vegetation like ferns would be a great addition to the restored areas. These could be planted in amongst both the trees and/or shrubs and are available in #1, #2, and/or #3 gallon size containers. 4.5.1 Site Preparation The following information has been taken from the Guidelines for Planting within the 100 Foot Buffer1 by the Barnstable County Extension Service. • Compost or other organic amendments should be mixed into the back-fill soil to increase water- holding capacity where appropriate. 1 https://ag.umass.edu/landscape/fact-sheets/guidelines-for-planting-within-100-foot-buffer Emblem-Hyannis Restoration Plan Page 17 • Planting hole depth for trees should be only as deep as measured from the trunk flare to the bottom of the root ball. • Planting hole width should be a minimum of three times the diameter of the root ball. • If plant material is balled and burlapped, all burlap should be removed or cut from the top third of the root ball. If large materials are in wire baskets, the top third of the basket should be cut and removed. The trunk flare should be located to insure correct planting depth. • Large trees may be staked for stability for one growing season. • All plants should be thoroughly watered in at the time of planting (15-20 gal. per plant). • Container plants should be planted at the same depth as grown in the container. • Root balls should be mulched. • No fertilization is necessary at planting time. 4.5.2 Watering All newly planted or seeded areas will need to be watered depending on the time of year and weather conditions. Watering can also keep the dust down in areas where the vegetation has not yet established. During the construction phase of the development, water trucks are usually used to keep the dust down and can be easily used to water the new plantings as directed by the landscaper (pending weather conditions). 4.5.3 Fertilizing Fertilizing will be performed in accordance with the recommendations based on soil chemistry testing. This will allow for site specific treatment to be developed without over-enrichment of the inland and coastal waters at or near the site. All fertilizing will be performed in accordance with the Barnstable Fertilizer and Phosphorus Control ordinance (Chapter 78) specifically Section 78-5 (Standards of Performance) which outlines best management practices (BMPs). For example: • The Project will require that the landscaper performing the work at the site has Fertilizer Certified Applicator(s). • A single application of fertilizer that contains nitrogen shall not exceed one pound of actual nitrogen per thousand square feet and shall consist of 20% slow-release nitrogen fertilizer. 4.6 Wildlife Habitat Features Some of the trees to be cut and other woody debris from tree removal will be retained and placed within the restoration area to create wildlife habitat features such as habitat piles (piles of smaller trees, tree limbs, stick, etc.), log piles, and downed trees (keep trees on the ground in order to create a micro- habitat, allow to naturally decompose). Also keep dead trees (snags) if possible which provide a variety of habitats and if located away from cart paths for safety reasons. The site presently has numerous sand traps through the site. Although no turtles were observed at the site it is likely that there may be snapping turtles using the adjacent wetlands. As such, we propose to allow the sand traps to exist and be allowed to naturally revegetate slowly. Approximately five sand traps will be kept on-site. The remainder will be restored similar to fairways and/or roughs. During the site inspections and monitoring, wildlife usage will be identified if present. Emblem-Hyannis Restoration Plan Page 18 Although the two southern-most ponds were constructed for the golf course and lack the natural values and functions of a natural pond, there are some limited functions including wildlife habitat for fish, birds, mammals, etc. Proposed restoration of the ponds includes removal of invasive species and replacement with native species. At this time, no hydraulic or hydrologic physical connections between the ponds will be created as the ponds have existed as constructed for over 50 years and impacts to existing wildlife would be anticipated. Focus instead will be on the invasive species within the pond buffer zone restoration between the ponds. The northeastern-most pond is likely to have originally been present before the golf course associated with historic cranberry bogs at the site. There is presently a culvert connecting the pond to Stewart’s Creek which maintains the hydrologic features of the pond. As with the other ponds, no removal of culverts or manipulation of the hydraulic or hydrologic features of the pond is proposed as this would likely impact the existing habitat that the pond provides. 4.7 Invasive Species Management Options It is understood that during construction it is important to prevent the introduction and spread of invasive plant species. All proposed plant species, as well as the imported planting/topsoil materials, will be inspected at the source and after placement to guard against the introduction of invasive species. 4.7.1 Herbicide Application The application of herbicides for the control of invasive species is not proposed at this time due to the fact that there are not significant areas of invasive species that need to be controlled. For example, the common reed is contained to the marsh area and is not likely to take hold in the upland restoration areas. That said, once the restoration work begins, the alteration of the soil surface provides opportunities for invasive species to take hold. Therefore, monitoring of invasive species will be performed throughout the restoration process. 4.7.2 Mechanical Removal Removal of invasive species encountered during restoration will occur using mechanical methods such as grubbing, flush-cutting, and hand removal. Any invasive species removed will be transferred off-site to an appropriate disposal location so as to not spread any seeds or pieces of vegetation. 4.7.3 Species Specific Treatment Guidelines will be develop for the invasive species that may be encountered at the site in order to provide guidance on actions needed. The following are examples of what this information may provide • Multiflora Rose (Rosa multiflora): Smaller plants may be removed physically by hand pulling. When access is available for mowing or cutting equipment, more extensive thickets of multiflora rose may be treated by cutting or mowing with appropriate equipment. Eradication requires repeated or mowing of the plants three to six (or more) times during the growing season. • Morrow Honeysuckle (Lonicera morrowii): Small infestations may be removed by hand-pulling in the spring when the ground is loose and moist. Cutting treatments are effective, but repeated cuttings of up to 6 to 8 times during the growing season are necessary to obtain optimum control results. A cutting program in combination with herbicide applications is the generally recommended treatment. Emblem-Hyannis Restoration Plan Page 19 • Privet (Ligustrum vulgare): Manual controls are effective in areas of light infestations where young plants are removed by hand pulling. A combination of cutting and mowing may be used in sensitive areas. • Oriental Bittersweet (Celastrus orbiculatus): Young vines can be removed by hand pulling with the proper disposal of the material collected. All root material must be removed for this method to be effective. If fruits are present the vines should be bagged in plastic trash bags and removed to a landfill for disposal. Climbing vines can be cut at breast height to kill the upper portion of the vine and release the tree canopy. Since rooted portions will survive unless cut back repeatedly, physical controls in combination with herbicide treatments are recommended to eradicate Oriental bittersweet. 4.8 Erosion Control The seed mix shall be sown over designated areas at a rate of 1 pound per 1,250 square feet. Weed-free straw or similar mulch or stabilizer shall be used to cover the seed. Steeper slopes may need erosion control such as mats to protect soils from erosion and to protect the seed. Biodegradable erosion control is recommended as it will degrade over time, will not impede growth of the seed or plants, and will not require follow up maintenance such as removal. More sturdy erosion control such as coir logs may be needed at the base of steeper slopes and/or near to the wetland resource areas including the water hazard ponds. An erosion control plan will be developed for project including the construction of the restoration areas including the development of a Stormwater Pollution Prevention Plan (SWPPP). At this time, additional detailed information regarding the specific erosion controls to be used and where will be finalized. Emblem-Hyannis Restoration Plan Page 20 5.0 Monitoring and Maintenance Post-construction monitoring of the areas to be restored is proposed to ensure successful restoration through field inspections of vegetation and assessment of presence of invasive species control. The restored areas will be inspected to monitor the health of the newly planted vegetation. A period of three years for the monitoring is proposed. If additional action items are needed (i.e., due to survival goals not being met), this may be extended for multiple one year periods not to exceed a total of five years. Maintenance activities, if needed, include stabilization of eroded slopes, erosion repairs, supplemental or replacement plantings if individuals have not survived, and control of invasive species, if present. Monitoring will be performed through field surveys and vegetation plots to determine species present and percent cover obtained. This will help to document the survival rate of the planted species. 5.1 Goals Goals associated with the evaluation of the success of the plantings shall be formalized and may include specific goals such as if new herbaceous cover does not meet or exceed 75% cover after two growing seasons, then additional seeding may be required. A goal of 75% survival of woody species is anticipated within two years. If less than 75% of the woody species survive (counted by individual trees and shrubs) within two years, then a contingency/action plan will be established to replace some of the dead vegetation including an assessment of why they were lost (i.e., insects, wildlife damage, disease, etc.) 5.2 Inspections An environmental consultant shall be on call during the construction and to visit the site on a regular basis (timing to be determined) and work with the construction contractor(s) to ensure that work follows the guidelines established in this Restoration Plan and other BMPs. The environmental consultant or monitor shall make periodic visits to evaluate the progress of the restoration work as it occurs and be available to address unforeseen circumstances. The environmental consultant shall make the following inspections post-construction: • Inspection immediately following construction completion of the Restoration Plan to document conditions through photographs and field plots • Inspection during the spring of the first growing season following construction completion • Inspection during the fall of the first growing season 5.3 Recommended Monitoring Standards The monitoring inspection will be performed to document site conditions upon the completion of the landscape restoration activity. • Restoration work shall be supervised by a landscape professional or environmental monitor. • Monitoring inspections will be performed annually during the late summer/early fall. • Monitoring sample plots will be established the first year (marked by stakes). • Information collected from the plots will include the percent cover of all vegetative layers including herbaceous, shrub, tree, and woody vines following standard methodology. Emblem-Hyannis Restoration Plan Page 21 • An environmental monitor will be on site to evaluate the progress of the landscape restoration effort and address unforeseen environmental issues. The environmental monitor will be responsible for the annual monitoring report. • A set of dated photographs shall be prepared for each monitoring inspection. Representative photographs shall be submitted with the annual monitoring report. • Results of the monitoring inspection will be reported to the Natural Resources Coordinator for work performed during the calendar year (December 31st). The monitoring report will be submitted to the Natural Resources Coordinator by January 31st of the next year. • Corrective measures undertaken will be included in the annual monitoring report. • Identification and early detection of invasive species is critical in determining what course of action should be taken to control the species (i.e., mechanically, chemically, etc.) • Identification of wildlife use, marks, etc. should be noted. 5.4 Reporting Monitoring reports shall be prepared for the property owner and the CR holder to be submitted on a schedule to be established. The inspections will be performed to document site conditions upon the completion of the restoration work including environmental site conditions, general field observations, and an evaluation of the success of the plantings. Emblem-Hyannis Restoration Plan Appendix A: Site Photographs Emblem-Hyannis Restoration Plan Looking south toward the tee at the 17th hole across the fairway. Looking at the 16th putting green with western tree line in the background. Emblem-Hyannis Restoration Plan Looking to the southeast toward the 14th tee from cart path. Looking north toward the 14th putting green across the fairway (between two ponds). Emblem-Hyannis Restoration Plan Looking south from the 13th putting green over sand trap. Looking to the east from 12th fairway towards the 5th and 6th holes. Emblem-Hyannis Restoration Plan Looking east toward the 6th putting green. Looking north through managed woodlands. Emblem-Hyannis Restoration Plan Appendix B: Management Areas Emblem-Hyannis Restoration Plan Area A 2 3 1 Emblem-Hyannis Restoration Plan Area B 4 3 Emblem-Hyannis Restoration Plan Area C 6 4 Emblem-Hyannis Restoration Plan Area D 6 14 13 5 1 2 Emblem-Hyannis Restoration Plan Area E 15 16 17 Appendix B: Nitrogen Loading Calculations Nitrogen Loading Calculations Twin Brooks Golf Course, Hyannis Number of Bedrooms:0 (Note: No Golf Restrooms)Water Recharge Factor =1.5 Feet (Barnstable @ 18" per year) Lot Size:Square Feet Natural Area:Square Feet Roof/Deck:Square Feet Lawn/Garden:Square Feet Square Feet Title 5 flow:Gallons per day WASTEWATER Title 5 (2 people per bedroom) 110 gpd 3.785 L 19 mg Actual (2.0 people / unit average occupancy within the town) 110 gpd 3.785 L 2.0 X 19 mg 6 IMPERVIOUS SURFACES 40 in.28.32 L 1 yr 0.75 mg 12 in.365 day 40 in.28.32 L 1 yr 1.5 mg 12 in.365 day LAWN 3 lbs.1 yr 454,000 mg 1000 s.f.*yr 365 d NATURAL 1.5 ft 28.32 L 1 yr 365 d SUMMARY Title 5 Flow 0.0 +59.36 +1,357.81 +561,912.69 mg =563,329.85 mg =ppm 0.0 +79.14 +905.21 +102,732.00 liters 103,716.35 liters Actual 0.0 +59.36 +1,357.81 +561,912.69 mg =563,329.85 mg =ppm 0.0 +79.14 +905.21 +102,732.00 liters 103,716.35 liters Final Calculation (5.43 +5.43 ) /2 = L/d102,732.0=X XNatural Area =882,702 Sq. Ft.X yr cub. Ft. lb.0.25 mg/d=561,912.69XXXLawn Area =602,344 Sq. Ft.X 306 3,500 Roof Area = Pave Area =905.21Sq. Ft.X X feet Sq. Ft. mg/dYearcub. Ft.LL/d 1,357.81XX 59.36 mg/d mg/d 79.1X =0.0 L/d L 0 X 0 bedrooms X bedrooms bedroom X =0.0 L/d mg/dXL= 5.43 ppm bedroom gal XX Year feet cub. Ft.XXX 1,538,539 306 3,500 882,702 602,344 0 gal L/d = 0.0 =L= Pavement, Sidewalks & Gravel: 5.43 0.0= X X = 5.43 4/23/2021 Prepared by: Pesce Engineering Assoc., Inc. Nitrogen Loading Calculations Emblem Hyannis - 35 Scudder Ave. Number of Bedrooms:0 (sewer)Water Recharge Factor =1.5 Feet (Barnstable @ 18" per year) Lot Size:Square Feet Natural Area:Square Feet Roof/Deck:Square Feet Lawn/Garden:Square Feet Square Feet Title 5 flow:Gallons per day per bedroom (UNITS WILL BE CONNECTED TO SEWER) WASTEWATER Title 5 (2 people per bedroom) 110 gpd 3.785 L 19 mg Actual (2.0 people / unit average occupancy within the town) 110 gpd 3.785 L 2.0 X 19 mg 6 IMPERVIOUS SURFACES 40 in.28.32 L 1 yr 0.75 mg 12 in.365 day 40 in.28.32 L 1 yr 1.5 mg 12 in.365 day LAWN 3 lbs.1 yr 454,000 mg 1000 s.f.*yr 365 d NATURAL 1.5 ft 28.32 L 1 yr 365 d SUMMARY Title 5 Flow 0.0 +24,110.41 +97,914.27 +307,827.86 mg =429,852.53 mg =ppm 0.0 +32,147.21 +65,276.18 +96,816.23 liters 194,239.61 liters Actual 0.0 +24,110.41 +97,914.27 +307,827.86 mg =429,852.53 mg =ppm 0.0 +32,147.21 +65,276.18 +96,816.23 liters 194,239.61 liters Final Calculation (2.21 +2.21 ) /2 = Pavement, Sidewalks & Gravel: 2.21 0.0= X X = 2.21 L/d = 0.0 =L=X X 1,538,539 124,298 252,392 831,872 329,977 0 gal 2.21 ppm bedroom gal XX Year feet cub. Ft.X bedroom X =0.0 L/d mg/dXL=0 X 0 bedrooms X bedrooms 24,110.41 mg/d mg/d 32,147.2X =0.0 L/d L mg/dYearcub. Ft.LL/d 97,914.27XX 124,298 252,392 Roof Area = Pave Area =65,276.18Sq. Ft.X X feet Sq. Ft. X X XLawn Area =329,977 Sq. Ft.X lb.0.25 mg/d=307,827.86 Natural Area =831,872 Sq. Ft.X yr cub. Ft.L/d96,816.2=X X 4/22/2021 Prepared by: Pesce Engineering Assoc., Inc. Appendix C: Wetland Delineation Forms Appendix D: Isolated Land Subject to Flooding Calculations Notice of Intent Applicant: Quarterra Multifamily Communities Location: 35 Scudder Ave., Hyannis, MA Narrative to Accompany Isolated Land Subject to Flooding (ILSF) Stormwater Analysis: The following information is provided to document the fact that the 2 small isolated areas on the Twin Brooks Golf Course property do NOT qualify as wetland resources as an ILSF. According to 310 CMR 10.57 (2) (b) 1. the definition of an ILSF is: (b)Isolated Land Subject to Flooding. 1.Isolated Land Subject to Flooding is an isolated depression or closed basin without an inlet or an outlet. It is an area which at least once a year confines standing water to a volume of at least ¼ acre-feet and to an average depth of at least six inches. Since both of the isolated areas are shallow closed basins with no inlet of outlet, the attached Potential ILSF Area Plan & HydroCAD stormwater modeling calculations were prepared in order to determine, if either of these isolated areas qualified as an ILSF per the regulations. This was done using the one-year storm event (2.60 inches of rainfall in 24 hrs.). NOTE: in the attached HydroCAD reports, the small isolated area was modeled as Pond 1, and the larger one as Pond 2, with contributing drainage areas labeled as Existing Drainage Area 7 (EX- DA7), and Existing Drainage Area 8 (EX-DA8), respectively. Stormwater Analysis Results Isolated Area No. Modeled Available Volume in Drainage area (cubic feet)* Volume Generated from the 1-yr storm (acre-ft.) Depth Generated from the 1-yr. Storm (inches) 1 2,049 0.00 0.00 2 8,867 0.00 0.00 *NOTE: a ¼ acre-ft. of Volume = 10,890 cubic ft. The results clearly show that the 2 isolated areas do NOT qualify as ILSF’s since they neither allow for the accumulation of a ¼ acre-ft. of stormwater, and a depth of at least 6 inches. Additional stormwater events are also shown to illustrate that these 2 isolated areas do not accumulate runoff until the 10-yr. storm. Even up to the 100-yr. storm these 2 areas do not qualify as ILSF’s. PESCE ENGINEERING & ASSOCIATES, INC. Phone 508-333-7630 43 Porter Lane, West Dennis, MA 02670 LOCUS ZONE 2 323428272 0 202 5 2 5 30302 1 212 2 222 3 2324242426 2 627 27 2828 29 2 9 313132 3230272829302627282931 32 33 34 30 302530262728293125 212122222324 26 27 28 29 23 23 232420 2 5 2525 212223242 4 242 6 2626 2 7 2 8 2 9 3030 28282929252627282930313132323333343426 25 26 24 23 22 2120 22 232 3 2324241819202122232422 192021222322 2120 1921 22 232 019 2 1 2 2 2 3 24 EX-DA8 29,230 S.F. ± (0.67 Ac) EX-DA7 61,684 S.F. ± (1.42 Ac) Tc P A T H A B C D A B C POTENTIAL ISOLATED LAND SUBJECT TO FLOODING #1 TOTAL AREA=1,218 S.F.± CALCULATED BASIN AREA EXTENTS ASSOCIATED WITH POTENTIAL ILSF #1 (SEE HYDROCAD POND 1) ELEVATION 23.90' LOCATION OF BASIN OVERFLOW ELEVATION 23.90' POTENTIAL ISOLATED LAND SUBJECT TO FLOODING #2 TOTAL AREA=4,440 S.F.± CALCULATED BASIN AREA EXTENTS ASSOCIATED WITH POTENTIAL ILSF #2 (SEE HYDROCAD POND 2) ELEVATION 20.75' LOCATION OF BASIN OVERFLOW ELEVATION 20.75' Tc PATH POND 3030313232233 1 32 31 32 31 30 32 313131 32 3332313032 3525 24 25 2 5 LAND SURVEYING BY: ENGINEERING BY: POTENTIAL ILSF AREA PLAN BAXTER NYE ENGINEERING & SURVEYING 78 NORTH STREET, 3RD FLOOR HYANNIS, MA 02601 SHEET 1 OF 1 JOB NO: DATE: DRAWN: BJW CHECK: ELP CALC./DESIGN: ELP LOCUS MAP SCALE 1" = 2000' CONCEPT SITE PLAN AT 35 SCUDDER AVENUE IN HYANNIS, MASSACHUSETTS (BARNSTABLE COUNTY) JUNE 25, 2021 5061 MA GRID NAD83 PREPARED FOR: LENNAR MULTIFAMILY COMMUNITIES, LLC 99 SUMMER STREET, SUITE 701 BOSTON, MA 02110 DESC.DATENo. REVISIONS: EDWARD L. PESCE, P.E.DATE 31S EX-DA 7 35S EX-DA 8 1 POTENTIAL ILSF 1 2 POTENTIAL ILSF 2 Routing Diagram for Existing Conditions -ILSF Calculation Prepared by Pesce Engineering & Associates Inc., Printed 6/25/2021 HydroCAD® 10.00-22 s/n 02717 © 2018 HydroCAD Software Solutions LLC Subcat Reach Pond Link Type III 24-hr 100 YR Rainfall=7.41"Existing Conditions -ILSF Calculation Printed 6/18/2021Prepared by Pesce Engineering & Associates Inc. HydroCAD® 10.00-22 s/n 02717 © 2018 HydroCAD Software Solutions LLC Events for Subcatchment 34S: EX-DA 7+8 Event Rainfall (inches) Runoff (cfs) Volume (acre-feet) Depth (inches) 1 YR 2.60 0.00 0.000 0.00 2 YR 3.39 0.00 0.000 0.00 10 YR 4.94 0.04 0.027 0.16 25 YR 5.91 0.27 0.064 0.37 100 YR 7.41 1.23 0.146 0.84 Type III 24-hr 100 YR Rainfall=7.41"Existing Conditions -ILSF Calculation Printed 6/18/2021Prepared by Pesce Engineering & Associates Inc. HydroCAD® 10.00-22 s/n 02717 © 2018 HydroCAD Software Solutions LLC Events for Subcatchment 31S: EX-DA 7 Event Rainfall (inches) Runoff (cfs) Volume (acre-feet) Depth (inches) 1 YR 2.60 0.00 0.000 0.00 2 YR 3.39 0.00 0.000 0.00 10 YR 4.94 0.02 0.015 0.13 25 YR 5.91 0.14 0.038 0.32 100 YR 7.41 0.55 0.090 0.76 Existing Conditions -ILSF Calculation Type III 24-hr 1 YR Rainfall=2.60" Printed 6/25/2021Prepared by Pesce Engineering & Associates Inc. HydroCAD® 10.00-22 s/n 02717 © 2018 HydroCAD Software Solutions LLC Stage-Area-Storage for Pond 1: POTENTIAL ILSF 1 Elevation (feet) Surface (sq-ft) Storage (cubic-feet) 23.20 100 0 23.21 181 1 23.22 262 4 23.23 342 7 23.24 423 10 23.25 504 15 23.26 585 21 23.27 665 27 23.28 746 34 23.29 827 42 23.30 908 50 23.31 988 60 23.32 1,069 70 23.33 1,150 81 23.34 1,231 93 23.35 1,311 106 23.36 1,392 119 23.37 1,473 134 23.38 1,554 149 23.39 1,634 165 23.40 1,715 182 23.41 1,796 199 23.42 1,877 217 23.43 1,957 237 23.44 2,038 257 23.45 2,119 277 23.46 2,200 299 23.47 2,280 321 23.48 2,361 345 23.49 2,442 369 23.50 2,523 393 23.51 2,603 419 23.52 2,684 445 23.53 2,765 473 23.54 2,846 501 23.55 2,927 530 23.56 3,007 559 23.57 3,088 590 23.58 3,169 621 23.59 3,250 653 23.60 3,330 686 23.61 3,411 720 23.62 3,492 754 23.63 3,573 790 23.64 3,653 826 23.65 3,734 863 23.66 3,815 900 23.67 3,896 939 23.68 3,976 978 23.69 4,057 1,018 23.70 4,138 1,059 23.71 4,219 1,101 23.72 4,299 1,144 Elevation (feet) Surface (sq-ft) Storage (cubic-feet) 23.73 4,380 1,187 23.74 4,461 1,231 23.75 4,542 1,276 23.76 4,622 1,322 23.77 4,703 1,369 23.78 4,784 1,416 23.79 4,865 1,465 23.80 4,945 1,514 23.81 5,026 1,563 23.82 5,107 1,614 23.83 5,188 1,666 23.84 5,268 1,718 23.85 5,349 1,771 23.86 5,430 1,825 23.87 5,511 1,880 23.88 5,591 1,935 23.89 5,672 1,991 23.90 5,753 2,049 Existing Conditions -ILSF Calculation Type III 24-hr 1 YR Rainfall=2.60" Printed 6/25/2021Prepared by Pesce Engineering & Associates Inc. HydroCAD® 10.00-22 s/n 02717 © 2018 HydroCAD Software Solutions LLC Stage-Area-Storage for Pond 2: POTENTIAL ILSF 2 Elevation (feet) Surface (sq-ft) Storage (cubic-feet) 19.00 1,150 0 19.02 1,249 24 19.04 1,348 50 19.06 1,447 78 19.08 1,546 108 19.10 1,645 140 19.12 1,744 174 19.14 1,843 209 19.16 1,942 247 19.18 2,041 287 19.20 2,140 329 19.22 2,239 373 19.24 2,338 419 19.26 2,436 466 19.28 2,535 516 19.30 2,634 568 19.32 2,733 621 19.34 2,832 677 19.36 2,931 735 19.38 3,030 794 19.40 3,129 856 19.42 3,228 919 19.44 3,327 985 19.46 3,426 1,052 19.48 3,525 1,122 19.50 3,624 1,194 19.52 3,723 1,267 19.54 3,822 1,342 19.56 3,921 1,420 19.58 4,020 1,499 19.60 4,119 1,581 19.62 4,218 1,664 19.64 4,317 1,749 19.66 4,416 1,837 19.68 4,515 1,926 19.70 4,614 2,017 19.72 4,713 2,111 19.74 4,812 2,206 19.76 4,910 2,303 19.78 5,009 2,402 19.80 5,108 2,503 19.82 5,207 2,607 19.84 5,306 2,712 19.86 5,405 2,819 19.88 5,504 2,928 19.90 5,603 3,039 19.92 5,702 3,152 19.94 5,801 3,267 19.96 5,900 3,384 19.98 5,999 3,503 20.00 6,098 3,624 20.02 6,151 3,746 20.04 6,205 3,870 Elevation (feet) Surface (sq-ft) Storage (cubic-feet) 20.06 6,258 3,995 20.08 6,312 4,120 20.10 6,365 4,247 20.12 6,418 4,375 20.14 6,472 4,504 20.16 6,525 4,634 20.18 6,578 4,765 20.20 6,632 4,897 20.22 6,685 5,030 20.24 6,739 5,164 20.26 6,792 5,300 20.28 6,845 5,436 20.30 6,899 5,574 20.32 6,952 5,712 20.34 7,006 5,852 20.36 7,059 5,992 20.38 7,112 6,134 20.40 7,166 6,277 20.42 7,219 6,421 20.44 7,273 6,566 20.46 7,326 6,711 20.48 7,379 6,859 20.50 7,433 7,007 20.52 7,486 7,156 20.54 7,539 7,306 20.56 7,593 7,457 20.58 7,646 7,610 20.60 7,700 7,763 20.62 7,753 7,918 20.64 7,806 8,073 20.66 7,860 8,230 20.68 7,913 8,388 20.70 7,967 8,547 20.72 8,020 8,706 20.74 8,073 8,867