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HomeMy WebLinkAboutRDA Application_240126 (1)Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands City/Town WPA Form 1-Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: 1. Applicant:When filling out forms on the computer, use Name E-Mail Addressonly the tab key to move your Mailing Addresscursor - do not use the return key. City/Town State Zip Code Phone Number Fax Number (if applicable) 2. Representative (if any): Firm Contact Name E-Mail Address Mailing Address City/Town State Zip Code Phone Number Fax Number (if applicable) B. Determinations 1. I request the make the following determination(s). Check any that apply: Conservation Commission a. whether the area depicted on plan(s) and/or map(s) referenced below is an area subject to jurisdiction of the Wetlands Protection Act. b. whether the boundaries of resource area(s) depicted on plan(s) and/or map(s) referenced below are accurately delineated. c. whether the work depicted on plan(s) referenced below is subject to the Wetlands Protection Act. d. whether the area and/or work depicted on plan(s) referenced below is subject to the jurisdiction of any municipal wetlands ordinance or bylaw of: Name of Municipality e. whether the following scope of alternatives is adequate for work in the Riverfront Area as depicted on referenced plan(s). wpaform1.doc Page 1 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands City/Town WPA Form 1-Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description 1. a. Project Location (use maps and plans to identify the location of the area subject to this request): Street Address City/Town Assessors Map/Plat Number Parcel/Lot Number b. Area Description (use additional paper, if necessary): c. Plan and/or Map Reference(s): Title Date Title Date Title Date 2. a. Work Description (use additional paper and/or provide plan(s) of work, if necessary): wpaform1.doc Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands City/Town WPA Form 1-Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description (cont.) b. Identify provisions of the Wetlands Protection Act or regulations which may exempt the applicant from having to file a Notice of Intent for all or part of the described work (use additional paper, if necessary). 3. a. If this application is a Request for Determination of Scope of Alternatives for work in the Riverfront Area, indicate the one classification below that best describes the project. Single family house on a lot recorded on or before 8/1/96 Single family house on a lot recorded after 8/1/96 Expansion of an existing structure on a lot recorded after 8/1/96 Project, other than a single family house or public project, where the applicant owned the lot before 8/7/96 New agriculture or aquaculture project Public project where funds were appropriated prior to 8/7/96 Project on a lot shown on an approved, definitive subdivision plan where there is a recorded deed restriction limiting total alteration of the Riverfront Area for the entire subdivision Residential subdivision; institutional, industrial, or commercial project Municipal project District, county, state, or federal government project Project required to evaluate off-site alternatives in more than one municipality in an Environmental Impact Report under MEPA or in an alternatives analysis pursuant to an application for a 404 permit from the U.S. Army Corps of Engineers or 401 Water Quality Certification from the Department of Environmental Protection. b. Provide evidence (e.g., record of date subdivision lot was recorded) supporting the classification above (use additional paper and/or attach appropriate documents, if necessary.) wpaform1.doc Page 3 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands City/Town WPA Form 1-Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Request for Determination of Applicability and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I further certify that the property owner, if different from the applicant, and the appropriate DEP Regional Office were sent a complete copy of this Request (including all appropriate documentation) simultaneously with the submittal of this Request to the Conservation Commission. Failure by the applicant to send copies in a timely manner may result in dismissal of the Request for Determination of Applicability. Name and address of the property owner: Name Mailing Address City/Town State Zip Code Signatures: I also understand that notification of this Request will be placed in a local newspaper at my expense in accordance with Section 10.05(3)(b)(1) of the Wetlands Protection Act regulations. Signature of Applicant Date Signature of Representative (if any) Date wpaform1.doc Page 4 of 4 REQUEST FOR DETERMINATION OF APPLICABILITY ABUTTER NOTIFICATION LETTER DATE: RE: Upcoming Barnstable Conservation Commission Public Hearing To Whom It May Concern, As an immediate abutter of a proposed project, please be advised that a Request for Determination application has been filed with the Barnstable Conservation Commission. APPLICANT: PROJECT ADDRESS OR LOCATION: MAP PARCEL PROJECT DESCRIPTION: ________________________________________________________ PUBLIC HEARING: WILL BE HELD REMOTELY VIA ZOOM See agenda posting on Town Clerks website available at least 48 hours in advance of the meeting for details. DATE: / / TIME: P.M. NOTE: Plans and applications describing the proposed activity are on file with the Conservation Commission at https://itlaserfiche.town.barnstable.ma.us/WebLink/Browse.aspx?id=825530&dbid=0&repo=TownOfBarns table, by email to Kimberly.Cavanaugh@town.barnstable.ma.us or by calling (508-862-4093) LOCUS P.O. Box 4012, Plymouth, Massachusetts 02361 617-529-3792 | www.ecrholmes.com SITE REVIEW MEMO TO: Atlantic Design Engineers, Inc. FROM: Brad Holmes DATE: January 18, 2024 RE: 810 Wakeby Road, Barnstable Per your request, Environmental Consulting & Restoration, LLC (ECR) performed a review of the existing conditions at 810 Wakeby Road in Barnstable (the Site) on January 17, 2024. The purpose of the review was to identify wetland resource areas on or near the site. The site is located to the north of Wakeby Road and consists of a sand/gravel quarry no longer in operation. Most of the site is disturbed from the historic mining activities with exposed soils throughout and some areas of spares vegetation – many areas that have been colonized by Japanese Knotweed, a non-native invasive species. The southern- most portion of the site is being utilized for equipment and material storage. Native, upland woodlands exist immediately east and west of the site that are dominated by upland species commonly found in the area including Pitch Pine (Pinus rigida), Oak (Quercus spp.), Black Huckleberry (Gaylussacia baccata), etc. During the site review, ECR analyzed existing vegetation and performed several soil evaluations (hand auguring) throughout the site, which resulted in finding upland conditions and a lack of wetland areas. As a result of ECR’s site review and review of available on-line databases, ECR is able to confirm that the site and the land within 100 feet of the site do not contain wetland resource areas as defined by the Massachusetts Wetlands Protection Act and/or Town of Barnstable Wetland Bylaw. The nearest mapped wetland system, also observed from the property line by ECR, is located on a lot immediately abutting the northeastern-most portion of the site. As shown on the Mass Mapper database, the nearest edge of this vegetated wetland is approximately 120 feet from the site; this is consistent with ECR’s observations in the field. Further review of the Mass Mapper database reveals the following: • The site is not located within Estimated or Priority Habitats of Rare Species according to the Massachusetts Natural Heritage & Endangered Species Program (MaNHESP). • The site does not contain Certified Vernal Pools according to the MaNHESP. • The site does not contain USGS mapped streams. • The site is not located within an area mapped as Land Subject to Flooding (FEMA flood zones). • The site is not located within an Area of Critical Environmental Concern. As a result of ECR’s site review, ECR is able to confirm that the site does not contain wetland resource areas or buffer zones as defined in the Massachusetts Wetlands Protection Act and its implementing Regulations found at 310 CMR 10.00 or the Town of Barnstable Wetlands Bylaw and associated Regulations. Upon review of this site review memo, please contact me at (617) 529 – 3792 or brad@ecrwetlands.com with any questions or requests for additional information. Thank you, Brad Holmes, Professional Wetland Scientist #1464 Manager Conservation Request for Determination (RDA) Abutter List for Subject Parcels 013052, 013004, 013005 Property owners actually touching on the subject parcel upon which work is proposed. Parcel ID Owner 1 Owner 2 Address Line 1 Address Line 2 City State Zip 012002 PINA, JAMIEA & TIRELL J 296 LAKESHORE DR MARSTONS MILLS 02648MA 012003001 PERRY, KEVIN & LITA 750 WAKEBY ROAD MARSTONS MILLS 02648MA 012003002 PERY, KEAH D 780 WAKEBY ROAD MARSTONS MILLS 02648MA 013003 LAFLAM, BARBARA M 20 COOK ROAD SOUTHAMPTON 01073MA 013003001 BARNSTABLE, TOWN OF (MUN)TOWN MANAGER 367 MAIN STREET HYANNIS 02601MA 013004 KEYES, CHRISTOPHER R TR BACKWOODS FAMILY TRUST 1256 WALNUT STREET N.E. TOWNSEND 31331GA 013005 KEYES, CHRISTOPHER R TR BACKWOODS FAMILY TRUST 1256 WALNUT STREET N.E. TOWNSEND 31331GA 013019 MALICIA, KELLY MARIE & RYAN NICHOLAS 23 DOVE LANE MARSTONS MILLS 02648MA 013020 LONG POND FARMS ASSOC INC P O BOX 1285 MARSTONS MILLS 02648MA 013021 MCDONOUGH, JAMES P 111 MOCKINGBIRD LN MARSTONS MILLS 02648MA 013022 LANNON, JENNIFER M 121 MOCKINGBIRD LANE MARSTONS MILLS 02648MA 013023 BURKINSHAW, MARY B 133 MOCKINGBIRD LANE MARSTONS MILLS 02648MA 013024 SALAS, ANNE E M 145 MOCKINGBIRD LANE MARSTONS MILLS 02648MA 013052 WAKEBY ROAD REALTY INC 1256 WALNUT STREET NE TOWNSEND 31331GA 1/16/2024 8:53 AMReport Generated On:Page 1 of 2 18Total 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 013053 MELL, RICHARD W TR EPIPHANY NOMINEE TRUST 245 LONG POND RD MARSTONS MILLS 02648MA 013054 CELESTE, DEBORAH T PO BOX 1551 MARSTONS MILLS 02648MA 013055 HEGG, FREDERICK A 275 LONG POND RD MARSTONS MILLS 02648MA 013056002 COHEN, ALLEN J & JUDITH E 295 LONG POND ROAD MARSTONS MILLS 02648MA 1/16/2024 8:53 AMReport Generated On:Page 2 of 2 18Total Number of Abutters: This list by itself does NOT constitute a "Certified List of Abutters" and is provided only as an aid to the determination of abutters. If a Certified Abutter List is required, you must contact the Assessing Division to have this list certified. 3,600.00 Conservation Request for Determination (RDA) Abutter Map for Subject Parcels 013052, 013004, 013005 This map is for illustration purposes only. It is not adequate for legal boundary determination or regulatory interpretation. This map does not represent an on-the-ground survey. It may be generalized, may not reflect current conditions, and may contain cartographic errors or omissions. Legend Property owners actually touching on the subject parcel upon which work is proposed. Parcel lines shown on this map are only graphic representations of Assessor’s tax parcels. They are not true property boundaries and do not represent accurate relationships to physical objects on the map such as building locations. 150 Town of Barnstable GIS Unit 300 1/16/2024 gis@town.barnstable.ma.us Printed on: 0 ft.300 Subject Parcel Abutters 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