HomeMy WebLinkAbout103023-McGonagle-21200520231114 NOI McGonagle 56 Lakewood Drive
October 30, 2023
Yarmouth Conservation Commission
230 South Street
Hyannis, MA 02601
RE: Notice of Intent for the Expansion of an Existing Deck and Parking Area, Construction of a
Terrace, Walks and Stairs, and Other Landscaping Features at 56 Lakewood Drive, Centerville,
MA
Dear Conservation Chair:
Cape and Islands Engineering, Inc. is submitting this Notice of Intent (NOI) Application, on
behalf of the applicant and property owner, Laura L. McGonagle, for the proposed removal of
portions of existing walks, decks, patios and driveways; expansion of an existing driveway and
deck; proposed new patios, a terraced seatwall, walks, stone steps, a fire pit; and invasive
species removal and native species plantings at 56 Lakewood Drive (Map 212, Parcel 005),
Centerville, MA. Work will occur within the 50-foot and/or 100-foot Buffer from the upland limits
of Land Under Water and Inland Bank associated with Lake Wequaquet, a great pond.
This application has been filed in accordance with the Massachusetts Wetlands Protection Act,
(MA WPA, M.G.L. Chapter 131, Section 40) and its implementing regulations (310 CMR 10.00)
and the Chapter 237 Wetlands Protection Ordinance and Chapter 704 Regulation Governing
Activity in the 100-foot Buffer Zone of the Code of the Town of Barnstable.
Attached please find two (2) original copies of NOI Package and the plans with a wet stamp,
seven (7) copies of the NOI Application Package and Plans, a check for $200.00 to cover the
Town Bylaw Fee and a check for $67.50 to cover the Town’s share of the MA WPA filing fee.
We are also emailing a complete copy of the NOI Application Package to
Kimberly.Cavanaugh@town.barnstable.ma.us and Darcy.Karle@town.barnstable.ma.us
The NOI Application and attached information has been filed with the MA Department of
Environmental Protection Southeastern Regional Office using the MA DEP Online Filing
System.
We are requesting that this matter be placed on the November 14, 2023 hearing agenda so we
may present the project to the Conservation Commission
If you have any questions or comments, please contact me directly at 508-477-7272 or via e-
mail at lmacdonald@capeeng.com .
Sincerely,
Cape and Islands Engineering Inc.
Lori A Macdonald, MS, PWS, CWB, CESSWI
Senior Wetland Scientist
20231114 NOI McGonagle 56 Lakewood Drive
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3157 10/26/2023
CAPE & ISLANDS ENGINEERING INC.
FILED & PAID ON eDEP
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NOTICE OF INTENT 56 LAKEWOOD DRIVE, CENTERVILLE
Project Narrative Page i
TABLE OF CONTENTS
1.0 Overview ................................................................................................................................................ 1
1.1 Introduction......................................................................................................................................... 1
1.2 Applicable Regulations ....................................................................................................................... 1
2.0 Background ........................................................................................................................................... 1
2.1 Existing Conditions ............................................................................................................................. 1
2.2 Property History .................................................................................................................................. 1
2.3 Site Characteristics ............................................................................................................................. 1
3.0 Proposed Project .................................................................................................................................. 2
3.1 Scope of Work .................................................................................................................................... 2
3.2 Resource Areas .................................................................................................................................. 2
3.3 Construction Methodology .................................................................................................................. 2
3.4 Anticipated Impacts ............................................................................................................................ 2
4.0 Impact Avoidance, Minimization and Mitigating Measures .............................................................. 3
4.1 Impact Avoidance and Minimization Measures .................................................................................. 3
4.2 Mitigation Measures ............................................................................................................................ 3
4.2 Invasive Species Removal.................................................................................................................. 3
5.0 MA WPA Minor Projects in Buffer Zone .............................................................................................. 4
6.0 Applicable Performance Standards .................................................................................................... 5
6.1 Buffer Zone ......................................................................................................................................... 5
6.2 Land Under Waterbodies and Waterways (under any Creek, River, Stream, Pond or Lake) ............ 7
6.3 Bank (Naturally Occurring Banks and Beaches)................................................................................ 8
6.4 MA NHESP Estimated Habitat and Vernal Pools ............................................................................... 9
6.5 Area of Critical Environmental Concern (ACEC)................................................................................ 9
7.0 Summary ................................................................................................................................................ 9
7.1 Performance Standard Metrics ........................................................................................................... 9
7.2 Request for Order of Conditions. ...................................................................................................... 10
7.3 Contact Information .......................................................................................................................... 10
8.0 Figures ................................................................................................................................................ 11
Figure 1 – USGS Map ............................................................................................................................ 11
Figure 2 – ACECs, NHESP Estimated and Priority Habitat & Vernal Pools Map ................................. 12
Figure 3 – FEMA Firmette ..................................................................................................................... 13
PHOTOS ................................................................................................................................................. 14
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9.0 Appendices ......................................................................................................................................... 15
Appendix A – Abutter Affidavit of Service...............................................................................................15
Appendix B – Abutter Notification Letter under the MA WPA.................................................................16
Appendix C –Abutters Notification (Barnstable), Map and List .............................................................. 17
Appendix D – Directions to Site..............................................................................................................20
Appendix E – Cape & Islands Engineering Project Plans (attached).....................................................21
Appendix F – Sean Papich Landscape Plan and Lot Coverage Diagram (attached) ............................ 22
NOTICE OF INTENT 56 LAKEWOOD DRIVE, CENTERVILLE
Project Narrative Page 1
1.0 OVERVIEW
1.1 Introduction
CAPE & ISLANDS ENGINEERING, INC.is submitting this Notice of Intent (NOI) on behalf of the
applicant, Laura L. McGonagle, for the site improvements at 56 Lakewood Drive (Map 212, Parcel
005), Centerville, MA. The project involves the removal of portions of existing walks, decks, patios
and driveways; expansion of an existing driveway and deck; proposed new patios, a terraced seatwall,
walks, stone steps, a fire pit; and invasive species removal and native species plantings
Work will occur within the 50-foot and/or 100-foot Buffer from the upland limits of Land Under Water
and Inland Bank associated with Lake Wequaquet, a great pond.
1.2 Applicable Regulations
This application has been filed pursuant to the Commonwealth of Massachusetts Wetlands Protection
Act (MA WPA, M.G.L. Chapter 131, Section 40) in accordance with its implementing regulations at 310
CMR 10.00 and pursuant to Chapter 237, the Wetlands Protection Ordinance, and Chapter 704, the
Regulation Governing Activity in the 100-foot Buffer Zone, both of the Code of the Town of Barnstable.
2.0 BACKGROUND
2.1 Existing Conditions
The project site is located at 56 Lakewood Lane, Centerville, MA a private residential property
occupied by an existing, single-family home built in 1950, fireplace, shed, wood decks, a porch, stairs,
patios, walks, paved driveways, an a.c. unit, and manicured lawns and plantings. The property is
serviced by electric and gas, an onsite well and septic system.
2.2 Property History
The 13,500 square foot lot is shown on the Town of Barnstable Assessors as Map 212, Parcel 005.
The property has been a lot on record since on or about May 2, 1966 according to the Lakewood
Estates subdivision plan recorded at the Barnstable Registry of Deeds (Book 167, Page 53).
2.3 Site Characteristics
The residential single family home is situated atop a naturally occurring land form overlooking Lake
Wequaquet to the north/northeast. The site is generally flat to gently sloping and slopes down to the
shore of the lake. Residential properties border the lot to the south, west and north.
The following permits have been issued for the property:
Permits OOC Issued Certificate of Compliance
Issued
1. Order of Conditions (OOC) August 6, 1992 July 27, 2004
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3.0 PROPOSED PROJECT
3.1 Scope of Work
The applicant is proposing various changes and some additions to the outside landscaped features
located at 56 Lakewood Drive. Specific work includes:
Expanding the existing driveway by adding a stone parking area,
Removing an existing flagstone walk and installing bluestone pavers,
Removing an existing deck and brick patio,
Constructing a paved walkway,
Construction a new bluestone patio with a new fire pit and terraced seatwall,
Expansion of an existing deck and steps,
Installing new granite steppingstones from the deck expansion to the edge the beach,
Replacing an existing CMU block wall with a pre-cast molular block retaining wall,
Removing portions of an existing asphalt driveway and restoring part of the area as lawn,
Removing invasive honeysuckle (Lonicera sp.) shrubs and replacing the area with native
plants, and
Seed the area with a cape cod fescue grass seed mix.
The proposed work will occur within the previously disturbed 50-foot and 100-foot buffers to Inland
Bank and Land Under Water associated with Lake Wequaquet.
3.2 Resource Areas
Resource areas within 100 feet of the work include Land Under Waterbodies and Waterways (LUW)
(under any Creek, River, Stream, Pond or Lake) and Inland Bank.
The edge of water was determined in the field on April 26, 2023 during a “On the Ground Instrument
Survey” and is shown on the attached plan. It is assumed that the limits of LUW are at the edge of
water or lower. The limits of Inland Bank are set at Elevation 33 feet NAVD 88 and are shown on the
project plan as a blue line labeled “IB”.
The Barnstable Zone A No Disturbance Zone (50-foot Buffer Zone) and the Barnstable Zone B Outer
Buffer (50- to 100-foot Buffer Zone) are also located within the limits of work.
See Section 5.0 for a performance standard analysis of each resource area.
3.3 Construction Methodology
The Order of Conditions and signage will be posted at the site, and area staged for construction.
Efforts will be coordinated to minimize construction time and disturbance within and around the subject
resource areas.
3.4 Anticipated Impacts
No disturbance to wetland resource areas will occur as a part of the project. Minor impacts within
previously developed and disturbed 100-foot Inland Bank and Land Under Water Buffers will occur
when completing the work. All disturbances will be kept to the minimum necessary to complete the
work. The project has been designed to incorporate construction methodologies which will minimize
impacts to Buffer Zone to the maximum extent feasible.
NOTICE OF INTENT 56 LAKEWOOD DRIVE, CENTERVILLE
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After work is complete, there will be a reduction in developed areas within the Barnstable Zone A No
Disturbance Zone (50-foot Buffer Zone) and the Barnstable Zone B Outer Buffer (50- to 100-foot
Buffer Zone).
4.0 IMPACT AVOIDANCE, MINIMIZATION AND MITIGATING MEASURES
4.1 Impact Avoidance and Minimization Measures
Best management practices will be put into place in order to avoid and minimize impacts within 100
feet of Wetland Resource Areas.
Sedimentation controls will be installed at the limit of work prior to the start of construction. Controls
will be maintained throughout construction.
Sediment controls will consist of a staked sediment stop or compost roll with silt fencing.
Sedimentation controls will be maintained in good condition during construction. No fill will be allowed
to be placed against the sedimentation controls at any time.
After work is complete, all construction materials and equipment will be removed from the site and the
site will be stabilized. After construction is complete and the site is stable, sedimentation controls will
be removed and the work limits will be restored to preconstruction conditions.
The sedimentation controls will be removed and properly disposed of after the site is stable and the
commission has authorized its removal.
The construction site will be cleaned daily to remove any loose debris.
No debris, equipment or materials will be stored outside the designated limits of work except for
equipment and materials used as a part of the mitigation plantings.
4.2 Mitigation Measures
The construction of the expanded deck, steps and proposed steppingstones; the new terrace seat wall
and patio with fire pit; the proposed additional walkways and pavers; and the paved driveway
expansion and expansion of pavers are being mitigated by:
1. Removing a portion of driveway pavement to the east of the home which is located closer to
the resource areas than the proposed new pavement.
2. The removal of existing decking and brick patio located at the front of the home and installing
landscaping.
3. The removal of invasive species to the north and east of the home while retaining existing
trees and then replanting of those areas with native plants.
After work is complete, there will be a reduction in developed areas within the Barnstable Zone A No
Disturbance Zone and the Barnstable Zone B Outer Buffer.
4.2 Invasive Species Removal
Honeysuckle (Lonicera sp.) has invaded the northwest corner of the lot and is located between the
existing residence the proposed new terrace. As a part of the site mitigation measures, the applicant
is proposing to remove the honeysuckle by hand or with a small excavator. Care will be taken to avoid
NOTICE OF INTENT 56 LAKEWOOD DRIVE, CENTERVILLE
Project Narrative Page 4
taking any trees when removing invasive species. In the northwest corner of the lot, the invasive
honeysuckle will be replaced with sweet fern plantings.
In addition to the removal of invasives, other areas on site will be planted with a variety of native
shrubs and herbaceous plants or seeded with a native Cape Cod Fescue Mix.
Proposed plantings to be installed on site include summer sweet (Clethra alnifoia), sweetfern
(Comptonia peregrina), inkberry (Ilex glabra), Virginia sweetspirea (Itea virginica), lowbush blueberry
(Vaccinium angustifolium), arrowwood (Viburnum dentatum), hayscented fern (Dennstaedtia
punctilobula), switch grass (Panicum virgatum) and ostrich fern (Matteuccia struthiopteris). Planting
beds will be mulched with a shredded hardwood bark mulch that is medium to dark brown in color in
order to control for the re-establishment of invasives, control run-off and reduce the need for watering.
Mitigation planting areas and planting protocols are shown on the attached Landscape plan.
Proposed plantings shall be maintained in good health and replaced as necessary.
The proposed project has included mitigation measures to improve the natural capacity of the adjacent
Resource Areas and provide long term protection of adjacent wetlands.
5.0 MA WPA MINOR PROJECTS IN BUFFER ZONE
According to the MA WPA Regulations at 310 CMR 10.02(2), the following minor activities associated
with the project that occur within the Buffer Zone are exempt from the MA WPA provided they comply
with 310 CMR 10.02(1):
1. Minor activities, as described in 310 CMR 10.02(2)(b)2., within the buffer zone and outside any areas
specified in 310 CMR 10.02(1)(a) through (e) are not otherwise subject to regulation under M.G.L. c. 131,
§ 40 provided that the work is performed: solely within the buffer zone, as prescribed in 310 CMR
10.02(2)(b)2.a. through q., in a manner so as to reduce the potential for any adverse impacts to the
resource area during construction, and with post-construction measures implemented to stabilize any
disturbed areas. Factors to consider when measuring the potential for adverse impacts to resource areas
include the extent of the work, the proximity to the resource area, the need for erosion controls, and the
measures employed to prevent adverse impacts to resource areas during and following the work.
2. The following minor activities, provided that they comply with 310 CMR 10.02(2)(b)1., are not otherwise
subject to regulation under M.G.L. c. 131, § 40:
d. Plantings of native species of trees, shrubs, or groundcover, but excluding turf lawns;
e. The conversion of lawn to uses accessory to residential structures such as decks, sheds, patios, pools,
replacement of a basement bulkhead and the installation of a ramp for compliance with accessibility
requirements, provided the activity, including material staging and stockpiling is located more than 50
feet from the mean annual high-water line within the Riverfront Area, Bank or from Bordering Vegetated
Wetland, whichever is farther, and erosion and sedimentation controls are implemented during
construction. The conversion of such uses accessory to existing single family houses to lawn is also
allowed. (Mowing of lawns is not subject to jurisdiction under 310 CMR 10.00);
f. The conversion of impervious to vegetated surfaces, provided erosion and sedimentation controls are
implemented during construction
The following items are minor activities in Buffer Zone and are not subject to the MA WPA:
1. The installation of native plantings,
2. The conversion of the existing deck and brick patio in front of the house to landscaping,
NOTICE OF INTENT 56 LAKEWOOD DRIVE, CENTERVILLE
Project Narrative Page 5
3. The removal of a portion of the existing paved driveway and replacement with vegetated areas,
and
4. A portion of the proposed bluestone pavers located more than 50 feet from the Inland Bank.
,
6.0 APPLICABLE PERFORMANCE STANDARDS
6.1 Buffer Zone
Buffer Zone associated within Inland Bank and Land Under Water Bodies and Waterways are located
on site. The landward-most Wetland Resource and has been located and is shown on the attached
plan of reference and the 100-foot and 50-foot horizontal offsets from that resource area is shown on
the plan.
According to Chapter 704 of the Barnstable Ordinance which governs activity in the 100 ft. Buffer Zone
under this Notice of Intent application, resource area Buffer Zones are defined and protected as
follows:
704-2 DEFINITIONS
A. A 50 FT UNDISTURBED BUFFER ZONE - is that area of land extending 50 ft
horizontally outward from the boundary of resource areas. A 50 ft undisturbed buffer
zone consists entirely of unmanaged/unmaintained vegetation or long-established
meadow. All of the following are absent from a 50 ft undisturbed buffer zone: hardscape
(except for permitted access paths and/or bank access stairs), lawns, ornamental plants
and shrubs, gardens of any kind. This zone may be referred to herein as the “50 foot
undisturbed buffer.”
B. A 50 FT BUFFER ZONE - is that area of land extending 50 ft horizontally outward from
the boundary of resources areas, whether or not said buffer is in a disturbed or
undisturbed/natural state.
C. A 50 TO 100 FT BUFFER ZONE - is that area of land extending 50 ft horizontally
outward from the boundary of the 50 ft buffer zone and terminating at the outer edge of
the Commission’s 100 ft jurisdictional zone.
D. A 100 FT BUFFER ZONE - is that area of land extending 100 ft horizontally outward
from the boundary of resource areas. The 100 ft buffer zone is comprised of the 50 ft
buffer zone and the 50 to 100 ft buffer zone and constitutes the Conservation
Commission’s 100 ft jurisdictional zone.
704-3 Performance Standards for Projects Requiring A Notice Of Intent
A. A 50 ft undisturbed buffer zone shall be retained between the landward-most wetland
resource areas and the limit of proposed site disturbance.
B. WHERE A 50 FT UNDISTURBED BUFFER ZONE, as measured in accordance with
704-2A, EXISTS prior to the proposed work and is proposed to remain intact, proposed
work within the 50 to 100 ft. buffer zone shall not require further buffer zone
enhancement.
NOTICE OF INTENT 56 LAKEWOOD DRIVE, CENTERVILLE
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D. CALCULATION OF MITIGATION FOR WORK PROPOSED WITHIN THE 50 TO 100
FT BUFFER – The amount of mitigation planting required for work proposed within the
50 to100 ft. buffer zone shall be determined by the following method:
a. Calculate area of proposed hardscape within the 50 to100 ft. buffer zone;
b. Multiply the area found in 704-3D (a) by 3 to obtain the area of required mitigation
at a 3:1 planting to disturbance ratio.
c. In no case shall the total area of mitigation plantings required be greater than that
which is necessary to restore a 50 ft. undisturbed buffer in its entirety.
E. LOCATION OF MITIGATION PLANTING - Mitigation planting location(s) shall clearly
be shown on the site plan. The plan shall also provide area calculations for the amount of
mitigation planting herein required, and the amount of mitigation planting proposed.
F. BEST PRACTICES
(1) The Conservation Commission shall exercise a preference for pervious surface types of
hardscape.
(2) Where possible and practical, proposed hardscape within the 50 to 100 ft. buffer zone shall
be located no closer than 10 ft from the landward limit of the 50 ft buffer zone, so that
attendant construction, landscaping and maintenance activities may proceed without
impact to the 50 ft buffer zone.
The existing 50-foot buffer (No Disturbance Area – Zone A) is currently developed with 1,989 square
feet (s.f.) of existing disturbed area. The proposed work will result in a 129 s.f. reduction of
development in the 50-foot Buffer.
The existing 50- to 100-foot buffer (Outer Buffer -Zone B) is currently developed with 1,826 s.f. of
existing disturbed area. The proposed work will result in a 246 s.f. reduction of development in the 50-
foot Buffer.
In addition to the reduction in hardscapes on the property, the applicant is proposing to remove
invasive honey suckle (Lonicera sp.) and replant those areas with native vegetation.
Vegetation to be planted within the buffer will be native species including sweetfern (Comptonia
peregrina), lowbush blueberry (Vaccinium angustifolium), arrowwood (Viburnum dentatum) and sweet
pepperbush (Clethra alnifolia), inkberry (Ilex glabra), ostrich fern (Matteuccia struthiopeteris),
hayscented fern (Dennstaedtia punctilobela) and switch grass (Panicum virgatum).
Areas will be seeded with a Cape Cod / Fescue grass seed mix.
By planting and seeding with native species, fertilizer use on site will be minimized and wildlife habitat
value will be improved.
All planting will be completed in accordance with the attached Landscape Plan.
The proposed work has been minimized to the maximum extent possible. The proposed project will
not impair the wetland’s ability to protect critical values such as wildlife habitat, public or private water
supply, ground water supply, flood control, storm damage prevention, prevention of pollution and
recreation interests.
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6.2 Land Under Waterbodies and Waterways (under any Creek, River, Stream, Pond or Lake)
The resource area referred to as Land Under Waterbodies and Waterways (under any Creek, River,
Stream, Pond or Lake) (LUW) is the area of land below the Observed Water Line mark of Lake
Wequaquet, as shown on attached site plan.
According to the MA WPA Regulations under 310 CMR 10.56 (2), LUW is defined as follows:
(a) Land under Water Bodies and Waterways is the land beneath any creek, river, stream, pond
or lake. Said land may be composed of organic muck or peat, fine sediments, rocks or
bedrock.
(b) The physical characteristics and location of Land under Water Bodies and Waterways
specified in 310 CMR 10.56(2)(a) are critical to the protection of the interests specified in 310
CMR 10.56(1).
(c) The boundary of Land under Water Bodies and Waterways is the mean annual low water
level.
General Performance Standards
(a) Where the presumption set forth in 310 CMR 10.56(3) is not overcome, any proposed work
within Land under Water Bodies and Waterways shall not impair the following:
1. The water carrying capacity within the defined channel, which is provided by said land in
conjunction with the banks;
2. Ground and surface water quality;
3. The capacity of said land to provide breeding habitat, escape cover and food for fisheries;
and
4. The capacity of said land to provide important wildlife habitat functions. A project or
projects on a single lot, for which Notice(s) of intent is filed on or after November 1, 1987,
that (cumulatively) alter(s) up to 10% or 5,000 square feet (whichever is less) of land in
this resource area found to be significant to the protection of wildlife habitat, shall not be
deemed to impair its capacity to provide important wildlife habitat functions. Additional
alterations beyond the above threshold may be permitted if they will have no adverse
effects on wildlife habitat, as determined by Procedures established under 310 CMR
10.60.
5. Work on a stream crossing shall be presumed to meet the performance standard set forth
in 310 CMR 10.56(4)(a) provided the work is performed in compliance with the
Massachusetts Stream Crossing Standards by consisting of a span or embedded culvert in
which, at a minimum, the bottom of a span structure or the upper surface of an embedded
culvert is above the elevation of the top of the bank, and the structure spans the channel
width by a minimum of 1.2 times the bankfull width. This presumption is rebuttable and
may be overcome by the submittal of credible evidence from a competent source.
Notwithstanding the requirements of 310 CMR 10.56(4)(a)4., the impact on Land under
Water Bodies and Waterways caused by the installation of a stream crossing is exempt
from the requirement to perform a habitat evaluation in accordance with the procedures
established under 310 CMR 10.60.
(b) Notwithstanding the provisions of 310 CMR 10.56(4)(a), the issuing authority may issue an
Order in accordance with M.G.L. c. 131, § 40 to maintain or improve boat channels within
Land under Water Bodies and Waterways when said work is designed and carried out using
the best practical measures so as to minimize adverse effects such as the suspension or
transport of pollutants, increases in turbidity, the smothering of bottom organisms, the
accumulation of pollutants by organisms or the destruction of fisheries habitat or nutrient
source areas.
NOTICE OF INTENT 56 LAKEWOOD DRIVE, CENTERVILLE
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(c) Notwithstanding the provisions of 310 CMR 10.56(4)(a) or (b), no project may be permitted
which will have any adverse effect on specified habitat sites of rare vertebrate or invertebrate
species, as identified by procedures established under 310 CMR 10.59.
There is no proposed work on or within LUW associated with this project. Work within the 100-foot of
LUW buffer will occur within the confines of sedimentation controls with the exception of the removal of
invasive species and planting of replacement plants. The Buffer Zone will be stabilized after work is
complete. Banks associated with LUW within 100 feet of the work will remain physically stabile with
no changes to the water carrying capacity of the existing channel. The work will not result in a change
to groundwater and surface water quality or impact any breeding habitat, escape cover or food for fish
or the capacity of LUW to provide important wildlife habitat functions. No structures will be installed in
LUW.
The proposed project meets the applicable performance standards for LUW. The proposed project
activities will not affect the resource area, its characteristics or interests.
6.3 Bank (Naturally Occurring Banks and Beaches)
The resource area known as “Inland Bank” is located and shown on the plan of reference and is
defined in the MA WPA Regulations under 310 CMR 10.54 (2) as follows:
(a) A Bank is the portion of the land surface which normally abuts and confines a water body. It
occurs between a water body and a vegetated bordering wetland and adjacent flood plain, or,
in the absence of these, it occurs between a water body and an upland. A Bank may be
partially or totally vegetated, or it may be comprised of exposed soil, gravel or stone.
(b) The physical characteristics of a Bank, as well as its location, as described in 310 CMR
10.54(2)(a), are critical to the protection of the interests specified in 310 CMR 10.54(1).
(c) The upper boundary of a Bank is the first observable break in the slope or the mean annual
flood level, whichever is lower. The lower boundary of a Bank is the mean annual low flow
level.
General Performance Standards
(a) Where the presumption set forth in 310 CMR 10.54(3) is not overcome, any proposed work on
a Bank shall not impair the following:
1. the physical stability of the Bank;
2. the water carrying capacity of the existing channel within the Bank;
3. ground water and surface water quality;
4. the capacity of the Bank to provide breeding habitat, escape cover and food for
fisheries;
5. the capacity of the Bank to provide important wildlife habitat functions. A project or
projects on a single lot, for which Notice(s) of Intent is filed on or after November 1, 1987,
that (cumulatively) alter(s) up to 10% or 50 feet (whichever is less) of the length of the
bank found to be significant to the protection of wildlife habitat, shall not be deemed to
impair its capacity to provide important wildlife habitat functions. In the case of a bank of
a river or an intermittent stream, the impact shall be measured on each side of the stream
or river. Additional alterations beyond the above threshold may be permitted if they will
NOTICE OF INTENT 56 LAKEWOOD DRIVE, CENTERVILLE
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have no adverse effects on wildlife habitat, as determined by procedures contained in 310
CMR 10.60.
(b) Notwithstanding the provisions of 310 CMR 10.54(4)(a), structures may be permitted in or on
a Bank when required to prevent flood damage to facilities, buildings and roads constructed
prior to the effective date of 310 CMR 10.51 through 10.60 or constructed pursuant to a
Notice of Intent filed prior to the effective date of 310 CMR 10.51 through 10.60 (April 1,
1983), including the renovation or reconstruction (but not substantial enlargement) of such
facilities, buildings and roads, provided that the following requirements are met:
1. The proposed protective structure, renovation or reconstruction is designed and
constructed using best practical measures so as to minimize adverse effects on the
characteristics and functions of the resource area;
2. The applicant demonstrates that there is no reasonable method of protecting,
renovating or rebuilding the facility in question other than the one proposed.
(c) Notwithstanding the provisions of 310 CMR 10.54(4)(a) or (b), no project may be permitted
which will have any adverse effect on specified habitat sites of Rare Species, as identified by
procedures established under 310 CMR 10.59.
There is no proposed work on, within or along the Inland Bank. Work within the 100-foot Inland Bank
Buffer Zone will be completed within the limits of sedimentation controls with the exception of the
invasive species management and installation of replacement plants. The Buffer Zone will be
stabilized after work is complete. Inland Bank within 100 feet of the work will remain physically stabile
with no changes to the water carrying capacity of the existing channel. The work will not result in a
change to groundwater and surface water quality, the ability of the bank to provide breeding habitat,
escape cover and food for fish or the capacity to provide important wildlife habitat functions. No
structures will be installed on the Inland Bank.
The proposed project meets the applicable performance standards for Inland Bank. The proposed
project activities will not affect the resource area, its characteristics or interests.
6.4 MA NHESP Estimated Habitat and Vernal Pools
According to the Massachusetts Natural Heritage mapping dated, August 1, 2021, there are no
Estimated or Priority Habitats or Vernal Pools within the project area (See figure attached).
6.5 Area of Critical Environmental Concern (ACEC)
The proposed project is not located within the limits of an Area of Critical Environmental Concern (See
figure attached).
7.0 SUMMARY
7.1 Performance Standard Metrics
The existing wetland resources, anticipated project impacts and the proposed mitigation measures
associated with this project have been fully documented within this Notice of Intent. Based on the
information provided in this application it is asserted that the proposed project will not impact resource
areas and the project should be approved for the following reasons:
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Work will only occur within the Buffer Zone associated with Inland Bank and Land Under Water.
All work is contained within legally disturbed areas and the proposed project will result in a
reduction in development on site in comparison to existing conditions.
Best management practices including the installation of sedimentation controls prior to the start of
construction will adequately protect adjacent resource areas.
The project meets the applicable performance standards of MA WPA Regulations found under 310
CMR 10.00 and will not have an adverse effect on the subject resource areas, their characteristics and
interests.
The proposed activities are not likely to have a significant or cumulative effect upon the wetland values
protected by Chapter 237 Wetlands Protection Ordinance of the Barnstable Town Code and is in
compliance with Chapter 704 Regulation Governing Activity in the 100-foot Buffer Zone of the Code of
the Town of Barnstable.
7.2 Request for Order of Conditions.
The Applicant has demonstrated and provided documented evidence that this project is permittable
under the Massachusetts Wetlands Protection Act, M.G.L. Chapter 131, §40 and associated
Regulations at 310 CMR 10.00 and under Chapter 237 Wetlands Protection Ordinance and Chapter
704 Regulation Governing Activity in the 100-foot Buffer Zone of the Barnstable Town Code and
respectfully request this project be approved and that an Order of Conditions be issued to the
Applicant through its representative.
7.3 Contact Information
In an effort to reduce the amount of paper required for filings, the entire application can be emailed
upon request to regulatory staff and commission members. Please contact Cape and Island
Engineering, Inc. at 508.477.7272 or email Lori Macdonald at lmacdonald@capeeng.com with
questions or to obtain paper or digital copies of project information.
The Applicant’s representative:
Mark Dibb, P.E.
Senior Project Engineer
CAPE & ISLANDS ENGINEERING, INC.
800 Falmouth Road, Suite 301C
Mashpee, MA 02649
508.477.7272
mdibb@capeeng.com
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8.0 FIGURES
Figure 1 – USGS Map
USGS Map
from the USGS Quadrangle for Hyannis, MA, 24,000 Scale, 7.5 Minute Series (MassMapper)
Site
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Figure 2 – ACECs, NHESP Estimated and Priority Habitat & Vernal Pools Map
Site
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Figure 3 – FEMA Firmette
Site
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PHOTOS
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9.0 APPENDICES
Appendix A – Abutter Affidavit of Service
AFFIDAVIT OF SERVICE
Under the Massachusetts Wetlands Protection Act
(To be submitted to the Massachusetts Department of Environmental Protection and the Conservation
Commission when filing a Notice of Intent)
I, Lori Macdonald,CAPE & ISLANDS ENGINEERING, INC.hereby certify under the pains and penalties
(Name of person making the Affidavit)
of perjury, that on, October 30, 2023 gave notification to abutters in compliance with the second
(Date)
Paragraph of Massachusetts General Laws Chapter 131, Section 40, and the DEP Guide to Abutter Notification,
Dated April 8, 1994, in connection with the following matter:
A Notice of Intent filed under the Massachusetts Wetland Protection Act by
Laura L. McGonagle with the Barnstable
(Name of Applicant) (Name of Municipality)
Conservation Commission on October 30, 2023 for the property located at
(Date)
56 Lakewood Drive, Centerville, MA
(Address of land where work is proposed)
The form of the notification and a list of the abutters to whom it was given and their addresses are
attached to this Affidavit of Service.
Lori Macdonald, CAPE & ISLANDS ENGINEERING, INC. October 30, 2023
(Name) (Date)
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Appendix B – Abutter Notification Letter under the MA WPA
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Appendix C –Abutters Notification (Barnstable), Map and List
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DIRECTIONS TO 56 LAKEWOOD DRIVE, CENTERVILLE, MA (MAP 212-005)
Source: Google Maps
Appendix D – Directions to Site
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Appendix E – Cape & Islands Engineering Project Plans (attached)
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Appendix F – Sean Papich Landscape Plan and Lot Coverage Diagram (attached)