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Home My WebLink About361OceanStNOIsubmittal3-4-2024_compressed APPLICANT Lloyd Dufour 361 Ocean Street Hyannis, MA, 02601 REPRESENTATIVE ECR, LLC P.O. Box 4012 Plymouth, MA 02361 (617) 529-3792 NOTICE OF INTENT 361 Ocean Street, Hyannis SUBMITTED TO Barnstable Conservation Commission March 2024 P.O. Box 4012, Plymouth, Massachusetts 02361 617-529-3792 | www.ecrwetlands.com March 4, 2024 Town of Barnstable Conservation Commission Attn: Darcy Karle, Administrator 230 South Street Hyannis, MA 02601 RE: Notice of Intent, Proposed Site Improvements, 361 Ocean Street, Hyannis (Barnstable) Dear Ms. Karle and Members of the Conservation Commission: Please accept this Notice of Intent application for the proposed site improvement activities located at 361 Ocean Street in Hyannis (the site). The Town of Barnstable Assessors Department references the site Parcel ID# 325-014. Portions of the proposed project occur on a Coastal Bank, 200-foot Riverfront Area, Land Subject to Coastal Storm Flowage, and within the 100-foot buffer zones to a Coastal Bank and Salt Marsh. This application is being submitted in accordance with the Massachusetts Wetlands Protection Act and Town of Barnstable Wetland Bylaw. If you have any questions or require additional information, please contact me at (617) 529- 3792. Sincerely, Environmental Consulting & Restoration, LLC Brad Holmes, PWS, MCA Manager CC: MassDEP – Southeast Regional Office, sero_noi@state.ma.us Webby Engineering, jwebby3@comcast.net Lloyd Dufour, lloyd.dufour@gmail.com NOTICE OF INTENT TABLE OF CONTENTS Item Attachment Town of Barnstable NOI Checklist ................................................................................... 1 WPA Form 3: Notice of Intent .......................................................................................... 2 Project Narrative ............................................................................................................. 3 Wetland Delineation Memo ............................................................................................. 4 USGS Site Locus Map .................................................................................................... 5 FEMA F.I.R.M. ................................................................................................................ 6 Massachusetts Natural Heritage & Endangered Species Map ......................................... 7 Abutter Information .......................................................................................................... 8 Barnstable Form PA ........................................................................................................ 9 Barnstable Form WC ..................................................................................................... 10 Site Plan(s) ................................................................................................................... 11 wpaform3.doc • rev. 12/4/2023 Page 1 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Barnstable 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): 361 Ocean Street a. Street Address Hyannis (Barnstable) b. City/Town 02601 c. Zip Code Latitude and Longitude: d. Latitude e. Longitude 325 f. Assessors Map/Plat Number 014 g. Parcel /Lot Number 2. Applicant: Lloyd a. First Name Dufour b. Last Name c. Organization 361 Ocean Street d. Street Address Hyannis e. City/Town MA f. State 02601 g. Zip Code h. Phone Number i. Fax Number lloyd.dufour@gmail.com j. Email Address 3. Property owner (required if different from applicant): Check if more than one owner same as applicant a. First Name b. Last Name c. Organization d. Street Address e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number j. Email address 4. Representative (if any): Brad a. First Name Holmes b. Last Name Environmental Consulting & Restoration LLC c. Company PO Box 4012 d. Street Address Plymouth e. City/Town MA f. State 02361 g. Zip Code 617-529-3792 h. Phone Number i. Fax Number brad@ecrwetlands.com j. Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $495.00 a. Total Fee Paid $235.00 b. State Fee Paid $260.00 c. City/Town Fee Paid wpaform3.doc • rev. 12/4/2023 Page 2 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Barnstable City/Town A. General Information (continued) 6. General Project Description: The proposed project includes site improvement activities associated with a single family residence. Specifically the relocation of the existing shed, removal of the existing patio, construction of two new patios, installation of a wash station and reconfuration of the existiing driveway. 7a. Project Type Checklist: (Limited Project Types see Section A. 7b.) 1. Single Family Home 2. Residential Subdivision 3. Commercial/Industrial 4. Dock/Pier 5. Utilities 6. Coastal engineering Structure 7. Agriculture (e.g., cranberries, forestry) 8. Transportation 9. Other 7b. Is any portion of the proposed activity eligible to be treated as a limited project (including Ecological Restoration Limited Project) subject to 310 CMR 10.24 (coastal) or 310 CMR 10.53 (inland)? 1. Yes No If yes, describe which limited project applies to this project. (See 310 CMR 10.24 and 10.53 for a complete list and description of limited project types) 2. Limited Project Type If the proposed activity is eligible to be treated as an Ecological Restoration Limited Project (310 CMR10.24(8), 310 CMR 10.53(4)), complete and attach Appendix A: Ecological Restoration Limited Project Checklist and Signed Certification. 8. Property recorded at the Registry of Deeds for: Barnstable a. County b. Certificate # (if registered land) 31378 c. Book 0327 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. 12/4/2023 Page 3 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Barnstable City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d) For all projects affecting other Resource Areas, please attach a narrative explaining how the resource area was delineated. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. Bank 1. linear feet 2. linear feet b. Bordering Vegetated Wetland 1. square feet 2. square feet c. Land Under Waterbodies and Waterways 1. square feet 2. square feet 3. cubic yards dredged Resource Area Size of Proposed Alteration Proposed Replacement (if any) d. Bordering Land Subject to Flooding 1. square feet 2. square feet 3. cubic feet of flood storage lost 4. cubic feet replaced e. Isolated Land Subject to Flooding 1. square feet 2. cubic feet of flood storage lost 3. cubic feet replaced f. Riverfront Area 1. Name of Waterway (if available) - specify coastal or inland 2. Width of Riverfront Area (check one): 25 ft. - Designated Densely Developed Areas only 100 ft. - New agricultural projects only 200 ft. - All other projects 3. Total area of Riverfront Area on the site of the proposed project: 23,508 sq. ft. square feet 4. Proposed alteration of the Riverfront Area: Approx. 1,375 sq. ft. a. total square feet Approx. 1, 375 sq. ft. b. square feet within 100 ft. 0 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. 12/4/2023 Page 4 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Barnstable 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 Local Regulations only 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 Approx. 1,375 sq. ft. 1. square feet 4. Restoration/Enhancement If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.2.b or B.3.h above, please enter the additional amount here. a. square feet of BVW b. square feet of Salt Marsh 5. Project Involves Stream Crossings a. number of new stream crossings b. number of replacement stream crossings wpaform3.doc • rev. 12/4/2023 Page 5 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Barnstable 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 MassGIS 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. 12/4/2023 Page 6 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Barnstable 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 - Bourne 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 - Plymouth 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. 12/4/2023 Page 7 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Barnstable 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. 12/4/2023 Page 8 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Barnstable City/Town D. Additional Information (cont’d) 3. Identify the method for BVW and other resource area boundary delineations (MassDEP BVW Field Data Form(s), Determination of Applicability, Order of Resource Area Delineation, etc.), and attach documentation of the methodology. 4. List the titles and dates for all plans and other materials submitted with this NOI. Plan of Land at 361 Ocean Street Village of Hyannis a. Plan Title Webby Engineering b. Prepared By c. Signed and Stamped by d. Final Revision Date 1"=20' e. Scale f. Additional Plan or Document Title g. Date 5. If there is more than one property owner, please attach a list of these property owners not listed on this form. 6. Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. 7. Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. 8. Attach NOI Wetland Fee Transmittal Form 9. Attach Stormwater Report, if needed. E. Fees 1. Fee Exempt: No filing fee shall be assessed for projects of any city, town, county, or district of the Commonwealth, federally recognized Indian tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority. Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee Transmittal Form) to confirm fee payment: 4641 2. Municipal Check Number 3/4/2024 3. Check date 4640 4. State Check Number 3/4/2024 5. Check date Environmental Consulting & Restoratioin LLC 6. Payor name on check: First Name 7. Payor name on check: Last Name 3/2/2024 Joseph E. Webby, III Mitigation Schematic (prepared by ECR, LLC) 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: 361 Ocean Street a. Street Address Hyannis (Barnstable) b. City/Town 4640 c. Check number $235.00 d. Fee amount 2. Applicant Mailing Address: Lloyd a. First Name Dufour b. Last Name c. Organization 361 Ocean Street d. Mailing Address Hyannis e. City/Town MA f. State 02601 g. Zip Code h. Phone Number i. Fax Number lloyd.dufour@gmail.com j. Email Address 3. Property Owner (if different): same as applicant a. First Name b. Last Name c. Organization d. Mailing Address e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number 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 Cat 1) 3 $110.00 $330.00 x 1.5 for RFA Barnstable Bylaw Fee = $200.00 (Cat 1) Step 5/Total Project Fee: $495.00 Step 6/Fee Payments: Total Project Fee: $495.00 a. Total Fee from Step 5 State share of filing Fee: $235.00 b. 1/2 Total Fee less $12.50 City/Town share of filling Fee: $260.00 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.) Notice of Intent 361 Ocean Street, Hyannis PROJECT NARRATIVE 1. Introduction The proposed project at 361 Ocean Street in Hyannis (the site) includes site improvement activities associated with the existing single-family residence. The Town of Barnstable Assessors Department references the site Parcel ID# 325-014. Portions of the proposed project occur on a Coastal Bank, 200- foot Riverfront Area, Land Subject to Coastal Storm Flowage, and within the 100-foot buffer zones to a Coastal Bank and Salt Marsh. This application is being submitted in accordance with the Massachusetts Wetlands Protection Act and Town of Barnstable Wetland Bylaw. 2. Site Description The site is located to the west of Ocean Street, is bordered by residential properties to the north, and south, and abuts Snows Creek and its associated coastal resource areas to the west. The site consists of a residential property with an existing single-family home, crushed shell driveway, porches, decks, shed to the rear with a patio, maintained lawn and landscape areas. Environmental Consulting & Restoration, LLC (ECR) performed a site review on January 3, 2024 to locate the limit of vegetated wetlands associated with Snows Creek to the west of the site. Please refer to the attached Wetland Delineation Memo for more information. As a result of the site review and review of available environmental databases, ECR is able to confirm that the site contains, or is near, the following wetland resource areas and areas of Conservation Commission jurisdiction: • Salt Marsh and associated 100-foot buffer zone • Town of Barnstable Coastal Bank and associated 100-foot buffer zone • 200-foot Riverfront Area • Land Subject to Coastal Storm Flowage (FEMA Flood Zone AE) Notes: 1. The site is not located within an area mapped as Priority Habitat & Estimated Habitat for Rare Species according to the Massachusetts Natural Heritage & Endangered Species Program (MaNHESP). 2. The site does not contain Certified Vernal Pools according to the MaNHESP. 3. The site is not located within an Area of Critical Environmental Concern. 3. Proposed Activities The purpose of this Notice of Intent application is to permit the site improvement activities, specifically the relocation of the existing shed, the removal of the existing patio, the construction of two new patios, the installation of a wash station and the reconfiguration of the existing driveway. The proposed project also includes native mitigation plantings to enhance and improve the existing site conditions. The proposed activities are further detailed below: • Installation of Erosion Control – Prior to the start of work, erosion controls will be installed to protect nearby resource areas. The proposed erosion control line is shown on the included site plan which also functions as the proposed limit of work. • Relocate the Existing Shed and Remove the Existing Patio – A shed and patio currently exists to the rear of the home. The shed and patio area located on the Town of Barnstable Coastal Bank, within the 200-foot Riverfront Area, within the inner buffer zone to the Salt Marsh, and within Land Subject to Coastal Storm Flowage. The existing shed is proposed to be relocated off the Town of Barnstable Coastal Bank and further from the resource areas to an area that is currently occupied by the shell driveway. The existing patio associated with the shed is proposed to be removed entirely and restored as part of the proposed mitigation activities. By relocating the shed and removing the patio, the buffer between hardscape/structures on the site and the wetland resource areas has been significantly increased. Notice of Intent 361 Ocean Street, Hyannis • Construction of Patios and Wash Station – The proposed project includes the construction of two new patios and a small wash station located to the immediate rear of the home. The patios are proposed to be constructed using pervious materials. The patios and wash station are located within the inner buffer zone to the Town of Barnstable Coastal Bank and the Riverfront Area; as such, mitigation has been proposed in accordance with section 704-4(B) of the Barnstable Wetland Regulations and the MA WPA Regulations. • Reconfigure the Existing Driveway – The existing driveway is located along the south side of the home and consists of crushed shells. The proposed reconfiguration will reduce the existing driveway by 710 square feet and move it away from the wetland resource areas to the rear of the home. The driveway will be 3/4” native or crushed stone. The portion of the driveway proposed to be removed will be loamed, seeded, and maintained as lawn. • Site Stabilization – All disturbed areas associated with the proposed project shall be immediately stabilized upon completion of work. Disturbed areas shall be stabilized and maintained as lawn and/or native landscape beds. All plant material sh ould be selected from the Cape Cod Cooperative Extension plant list. • Proposed Mitigation – In order for the proposed project to comply with the local and state wetland regulations, mitigation is being proposed at the site. A total of 1,300 square feet of mitigation is proposed to the rear of the existing home. The mitigation has been designed to convert an area of existing lawn to a natively vegetated buffer zone. The proposed mitigation will expand the existing buffer zone to the Salt Marsh. The proposed mitigation will also expand the existing vegetation of the Coastal Bank, within the Riverfront Area, and within Land Subject to Coastal Storm Flowage. Included with the proposed mitigation activities are removal of invasive plants including the Ivy that is strangling existing vegetation in the northwest portion of the site. For more information, please see the Mitigation Schematic. Please note, a calculation of existing hardscape (house, driveway, shed, patio, deck, porches , and retaining wall) vs. proposed hardscape within the 50-foot buffer zone has been completed and it has been confirmed that there is an overall net decrease of hardscape within the 50 -foot buffer zone. ECR calculated that the existing hardscape in the 50-foot buffer zone is approximately 1,269 square feet while the proposed hardscape is approximately 1,131 square feet, which results in a decrease of approximately 138 square feet. 4. Riverfront Area Analysis 4.1 Riverfront Area Calculations Review of the existing and proposed conditions at the site results in the following Riverfront Area calculations: • The entire site is within the 200-foot Riverfront Area, which is approximately 23,508 square feet. • The existing developed/degraded Riverfront Area (areas without topsoil) is approximately 4,178 square feet or 17.8% of the Riverfront Area of the site. • The proposed project totals approximately 4,480 square feet, which is an increase of 302 square feet of additional degraded Riverfront Area at the site. In order to comply with the Riverfront Redevelopment Standards found at 310 CMR 10.58(5), mitigation is proposed on site. In order to account for the increase of 302 square feet of newly degraded Riverfront Area, mitigation is required at a 2:1 ratio, per the Riverfront Redevelopment Standards. The proposed design includes a total of 1,300 square feet of mitigation, which exceeds the 2:1 mitigation requirement. For more information, please refer to the Mitigation Schematic. Notice of Intent 361 Ocean Street, Hyannis 5. Summary Erosion and sediment control measures will be implemented and maintained throughout the duration of the construction process to prevent the conveyance of sedimentation into environmentally sensitive areas. Disturbed areas will be stabilized upon the completion of work, and in the event that intense rainfall is expected, reinforcing control measures will be installed as needed to protect all wetland resource areas. Erosion control measures shall remain in place and be maintained until such time that a Certificate of Compliance has been issued by the Barnstable Conservation Commission, stating that the project has been constructed in accordance with the conditions set forth in the Order of Conditions. P.O. Box 4012, Plymouth, Massachusetts 02361 617-529-3792 | www.ecrwetlands.com WETLAND DELINEATION MEMO TO: Lloyd Dufour FROM: Brad Holmes DATE: January 12, 2024 RE: 361 Ocean Street, Hyannis Per your request, Environmental Consulting & Restoration, LLC (ECR) performed a review of the existing conditions at the property located at 361 Ocean Street in Hyannis (the site) on January 3, 2024. The purpose of the review was to identify wetland resource areas on and near the site. The site is located to the west of Ocean Street and consists of a single-family home with a shell driveway, guest house, shed to the rear small patio, maintained lawn, landscaped area, etc. The weather on January 3rd was mostly sunny and cold (approximately 35 degrees) with light wind and dry site conditions. Wetland resource areas are located to the west of the site to the rear of the existing home. ECR placed Bordering Vegetated Wetland (BVW) flags (pink/black striped ribbons) #A1 to #A6 along the limit of the wetland to the rear of the home. The vegetated wetland was delineated following the methodology established by the Massachusetts Department of Environmental Protection (DEP) regulations f ound at 310 CMR 10.55 pertaining to the delineation of Bordering Vegetated Wetlands. The delineation wa s performed by analyzing vegetation, hydrology within 12 inches of the surface, and soil conditions within 20 inches of the surface. The wetland contains hydric soils, saturated soils, and dominant wetland indicator plants including Cattails (Typha spp.) and Common Reed (Phragmites spp.). The site is also located within Land Subject to Coastal Storm Flowage (FEMA flood zone AE) and may contain a Coastal Bank landward of the BVW. The presence of absence of a Coastal Bank should be determined by topographic survey in accordance with DEP Policy 92-1. Furthermore, the site is located near Snows Creek, a tidal river located off site to the west. The mean high-water line to the river should be determined by topographic survey in order to identify the 200-foot Riverfront Area that may extend over the site. As a result of ECR’s wetland delineation at the site, ECR is able to confirm that the site contains the following wetland resource areas and areas of Conservation Commission jurisdiction: • Bordering Vegetated Wetlands • 100-foot Buffer Zone to BVW • Land Subject to Coastal Storm Flowage (FEMA flood zone AE) • 200-foot Riverfront Area Also, a review of the MassMapper database reveals the following: 1. The site is not located within Estimated/Priority Habitat for Rare Species according to the Massachusetts Natural Heritage & Endangered Species Program (MaNHESP). 2. The site does not contain Certified Vernal Pools according to the MaNHESP. 3. The site is not located within an Area of Critical Environmental Concern. P.O. Box 4012, Plymouth, Massachusetts 02361 617-529-3792 | www.ecrwetlands.com Upon review of this wetland delineation memo, please contact me at (617) 529 – 3792 or brad@ecrwetlands.com with any questions or requests for additional information. Thank you, Brad Holmes, PWS Manager USGS SITE LOCUS MAP 361 Ocean Street Hyannis, Massachusetts MassGIS Data: USGS Topographic Quadrangle Images N  SITE FEMA F.I.R.M 361 Ocean Street Hyannis, Massachusetts Source: FEMA Map 25001C0569J; Eff. 7/16/2014 N  SITE Priority Habitats of Rare Species, Estimated Habitat of Rare Wildlife & Certified Vernal Pools Map 361 Ocean Street Hyannis, Massachusetts Source: MassGIS – 15th Edition of the Massachusetts Natural Heritage Atlas August 2021 N  SITE 1,200.00 Conservation Notice of Intent (NOI) Abutter Map for Subject Parcel 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. 50 Town of Barnstable GIS Unit 100 2/23/2024 gis@town.barnstable.ma.us Printed on: 0 ft.100 Subject Parcel Abutters 100 ft. Buffer ft. 1 inch = approx. Parcels Town Boundary Railroad Tracks Buildings Approx. Building Buildings Painted Lines Parking Lots Paved Unpaved Driveways Paved Unpaved Roads Paved Road Unpaved Road Bridge Paved Median Streams Marsh Water Bodies Conservation Notice of Intent (NOI) Abutter List for Subject Parcel 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 32501300A BRENDLI, PHILIP & KAREN A TRS PHILIP & KAREN A BRENDLI REV TRS 50 ACADEMY DRIVE BUZZARDS BAY 02532MA 32501300B ARMSTRONG, KATHLEEN E TR KATHLEEN E ARMSTRONG REVOCABLE TRUST 37 MINGO STREET MILTON 02186MA 32501300C KUPFER, JAMES S & JENNIFER M 381 OCEAN STREET UNIT 3 HYANNIS 02601MA 32501300D SYLVESTER, GEORGE M JR & BARBARA L 35 HARVESTWOOD DRIVE WEST BRIDGEWATER 02379-1270MA 32501300E SACHS, MARILYN E TR MARILYN E SACHS 2002 FAMILY TRUST 381 OCEAN STREET - UNIT 5 HYANNIS 02601MA 32501300F DELUGA, RONALD J & CELIA R 4 SPARROW ROAD NORFOLK 02056MA 32501300G RODICK SEELE, DEBORAH A & SEELE, MICHAEL G TRS ET AL SEELE FAMILY TRUST 253 SCHOOL STREET WHITMAN 02382MA 32501300H SANDS, CARLTON C JR & CHRISTINE A 11 FOLLY HILL LANE HANOVER 02339MA 32501300I NOLAN, BRUCE P TRS & NOLAN, MAUREEN TRS 172 JARVIS CIRCLE NEEDHAM 02492-2045MA 325014 DUFOUR, LLOYD 361 OCEAN STREET HYANNIS 02601MA 325015 HUNZIKER, BARBARA & KIMBERLY A TRS ALVAH W BEARSE REVOCABLE TRUST 620 E CURTIN STREET BELLEFONTE 16823PA 325016 EVEREST 599 RASHBUN ST LLC 66 ASPEN AVE SOUTH GRAFTON 01560MA 2/23/2024 10:01 AMReport Generated On:Page 1 of 2 17Total 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 325017 CENTERVILLE LLC 337 OCEAN ST NOM TRUST 1645 NEWTOWN ROAD COTUIT 02635MA 325054 HYANNIS YACHT CLUB 490 OCEAN STREET HYANNIS 02601MA 325055 CONSTANCE S BEARSE REALTY TRUST 353 OCEAN STREET HYANNIS 02601MA 325056 DINIAK, VICTOR 360 OCEAN ST HYANNIS 02601MA 325134 ANESTIS, NICHOLAS J ESTATE OF C/O CYNTHIA A TESTO 134 SHAWMUT AVENUE NORTH HAVEN 06473CT 2/23/2024 10:01 AMReport Generated On:Page 2 of 2 17Total 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 ABUTTER NOTIFICATION LETTER DATE: RE: Upcoming Barnstable Conservation Commission Public Hearing To Whom It May Concern, As an abutter within 100 feet of a proposed project, please be advised that a NOTICE OF INTENT application has been filed with the Barnstable Conservation Commission. APPLICANT: PROJECT ADDRESS OR LOCATION: 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) 3/4/2024 Lloyd Dufour 361 Ocean Street, Hyannis 325 014 ECR, LLC P.O. Box 4012 Plymouth, MA 02361 617-529-3792 The proposed project includes site improvement activities associated with a single family residence. Specifically the relocation of the existing shed, removal of the existing patio, construction of two new patios, installation of a wash station and reconfuration of the existing driveway.