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HomeMy WebLinkAboutFull Draft Binder_100 Waters Edge NOI_3-13-24March 14, 2024 Town of Barnstable Conservation Commission 230 South Street Hyannis, MA 02601 RE: Notice of Intent Whistleberry Residents Association 100 Waters Edge (Map 61, Lot 38) ADE Project #2795.02 Dear Commission Members: Enclosed, please find documents relative to the above-listed Notice of Intent for the 100 Waters Edge Project on behalf of the Whistleberry Residents Association. We have provided copies of the following items for the Conservation Commission: 1.Nine (9) full size originals of Boardwalk and Deck Repair Plan for 100 Waters Edge, Marstons Mills prepared by Atlantic Design Engineers, Inc – dated 3/14/2024; 2.Nine (9) copies of the Notice of Intent Application and all Associated Documents – dated 3/14/2024; 3.The following checks: •$387.50 Town of Barnstable portion of NOI Filing Fee •$500.00 Town of Barnstable Chapter 237 Filing Fee If you have any questions or require further information, please don’t hesitate to contact me at (508) 888-9282. Sincerely, ATLANTIC DESIGN ENGINEERS, INC. Richard J. Tabaczynski, P.E. Vice President Notice of Intent Application For: Whistleberry Residents Association Proposed Walkway and Deck Repair 100 Waters Edge Marstons Mills, Massachusetts 02648 Applicant: Whistleberry Residents Association Box 850 Marstons Mills, MA 02648 Prepared by: Atlantic Design Engineers, Inc. P.O. Box 1051 Sandwich, Massachusetts 02563 March 14, 2024 Atlantic Project No. 2795.02 Notice of Intent Application Proposed Walkway and Deck Repair 100 Waters Edge Marstons Mills, MA 02648 March 14, 2024 TABLE OF CONTENTS PROJECT NARRATIVE I. SITE DESCRIPTION II. PROJECT DESCRIPTION APPENDICES A. Application Forms • Chapter 707 Form – Regulation Governing Minimum Submission/Requirements for a Notice of Intent Application Checklist • WPA Form 3 – Notice of Intent • Notice of Intent Wetland Fee Transmittal Form B. Abutter Notification • List of Abutters Within a 100-foot Radius of Project Parcel • Abutter Notification Letter • Postmarked Certified Mail Receipts and Green Return Cards (To be Provided Under Separate Cover Once Property Access Form is Submitted.) • Affidavit of Service C. Miscellaneous Figures (Aerial Locus, USGS, Assessor’s Map & NHESP) D. Directions to the Locus E. Photographs of Project Area F. Stamped Plans (Under Separate Cover) G. Signed Form PA – Permission to Access Property H. Wetland Border Report – Goddard Consulting dated January 23, 2024 Notice of Intent Application Proposed Walkway and Deck Repair 100 Waters Edge Marstons Mills, MA 02648 March 14, 2024 Page 1 PROJECT NARRATIVE I. SITE DESCRIPTION The proposed project locus is a ±2.7-acre lot addressed as 100 Waters Edge in Marstons Mills, Massachusetts (“Site”). The Site, which lies at the end of Waters Edge, currently has an asphalt tennis court, a playground area, a gravel driveway and parking area, a sand/dirt walkway path, and an elevated wood walkway to a wooden deck adjacent to Middle Pond. The Site lies within the Residence F Zoning District and falls within Zone II groundwater protection area overlay district per review of Mass GIS. The Site falls within the Town designated Groundwater Protection (GP) Overlay District and Resource Protection Overlay District. The site is located within FEMA Flood Zone X. The Site is located partially within an Estimated Habitat of Rare Wildlife or Priority Habitat of Rare Species, as mapped by the Natural Heritage and Endangered Species Program (NHESP). The site is not located within any Area of Critical Environmental Concern (ACEC). The property has several wetland systems on the Site, including bordering vegetated wetland (BVW) and Riverfront Area. Middle Pond is located on the existing edge of the site and Marstons Mills River runs along the southern property line of the site. The wetland resource areas on the site were delineated by Environmental Consulting and Restoration, LLC (ECR) in January of 2024, and subsequently surveyed by Atlantic Design Engineers, Inc in January of 2024. The topography around the area of the proposed work shows that the land is flat, with a consistent elevation ranging from 44.0 near Marstons Mills River and Middle Pond to 46.0 near the existing tennis court. The existing wood walkway and decks are in disrepair and are in need of replacement. Both are presently located within the limits of the BVW flagged by ECR as well as the Riverfront Area to Marstons Mills River, with existing treeline/clearing limits extending approximately one to two feet beyond the limits of the existing structures. II. PROPOSED DESCRIPTION The proposed project will consist of the repairing of the existing elevated wood walkway and deck in the exact location of where it presently exists on the Site. As stated earlier, the current condition of the existing walkway and dock is deteriorating. The proposed work will technically be taking place within the Riverfront Area and the limits of the BVW wetland located on the eastern side of the Site, adjacent to Middle Pond, however, Notice of Intent Application Proposed Walkway and Deck Repair 100 Waters Edge Marstons Mills, MA 02648 March 14, 2024 Page 2 all work will be completed within the existing cleared limits. No additional clearing or earth disturbance (grading) is proposed. Erosion control measures will be placed surrounding the area of work limits. Staging of construction materials will be within the existing paved tennis court area. In addition, the existing walkway and deck is to be repaired/replaced in the same footprint as presently exists, but a +/- 62 SF portion of the deck that currently encroaches on the adjacent property will be removed and the area will be allowed to revegetate naturally. Therefore, the project will result in an overall improvement to the environmental conditions on the site, by reducing the amount of hardscape/structures and increasing the amount of natural area. In our opinion, this represents the only feasible alternative that minimizes impacts to the wetland and Riverfront Area. APPENDIX A Application Forms • Chapter 707 Form • WPA Form 3 • Notice of Intent Wetland Fee Transmittal Form X X X X X X X X X X X X X X X (Walkway and deck exists. Nothing to stakeout.) (Representative) X X X 3/14/2024 X X X X X X X X X X X X X Richard J. Tabaczynski (508) 888-9282 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 Marstons Mills/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): 100 Waters Edge a. Street Address Marstons Mills/Barnstable b. City/Town 02648 c. Zip Code Latitude and Longitude: 41.66923 d. Latitude -70.41839 e. Longitude 61 f. Assessors Map/Plat Number 38 g. Parcel /Lot Number 2.Applicant: Diana a. First Name Gerbereux b. Last Name Whistleberry Residents Association c. Organization Box 850 d. Street Address Marstons Mills/Barnstable e. City/Town MA 02648 g. Zip Code (978)376-2149 h. Phone Number i. Fax Number f.State whistleberryRA@yahoo.com j. Email Address 3.Property owner (required if different from applicant):Check if more than one owner Whistleberry Residents Association, Inc. a. First Name b. Last Name c. Organization P.O. Box 850 d. Street Address Marstons Mills/Barnstable e. City/Town MA 02648-0850 g. Zip Code (978) 376-2149 h. Phone Number i. Fax Number f.State whistleberryRA@yahoo.com j. Email address 4.Representative (if any): Richard J. a. First Name Tabaczynski b. Last Name Atlantic Design Engineers, Inc. c. Company PO Box 1051 d. Street Address Sandwich e. City/Town MA f. State 05263 g. Zip Code (508) 888-9282 h. Phone Number i. Fax Number rtab@atlanticcompanies.com j. Email address 5.Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $750.00 a. Total Fee Paid $362.50 b. State Fee Paid $387.50 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 Marstons Mills/Barnstable City/Town A. General Information (continued) 6.General Project Description: Proposed repair of an existing wooden walkway and deck on property located at 100 Waters Edge, Marstons Mills (Barnstable), MA. The existing walkway and deck are adjacent to Marstons Mills River and Middle Pond. All work will be completed within existing cleared limits and existing structure footprints. 7a. Project Type Checklist: (Limited Project Types see Section A. 7b.) 1. 2. Residential Subdivision 3. 4. Dock/Pier 5. 6. Coastal engineering Structure 7. 8. Transportation 9. Single Family Home Commercial/Industrial Utilities Agriculture (e.g., cranberries, forestry) Other (Walkway and Deck) 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) 7483 c. Book 151 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 Marstons Mills/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 (existing 500 SF/proposed 440 SF) 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 Marstons Mills River - inland 1. Name of Waterway (if available) - specify coastal or inland 2.Width of Riverfront Area (check one): 25 ft. - Designated Densely Developed Areas only 100 ft. - New agricultural projects only 200 ft. - All other projects 3.Total area of Riverfront Area on the site of the proposed project:65207 square feet 4.Proposed alteration of the Riverfront Area: Existing 550 SF/Proposed 440 SF a. total square feet Existing 500 SF/Proposed 440 SF b. square feet within 100 ft. c. square feet between 100 ft. and 200 ft. 5.Has an alternatives analysis been done and is it attached to this NOI? Yes No 6.Was the lot where the activity is proposed created prior to August 1, 1996? Yes No 3. Coastal Resource Areas: (See 310 CMR 10.25-10.35) Note: for coastal riverfront areas, please complete Section B.2.f. above. wpaform3.doc • rev. 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 Marstons Mills/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 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 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 Marstons Mills/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 Phone: (508) 389-6360 8/1/2021 b. Date of map If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18). To qualify for a streamlined, 30-day, MESA/Wetlands Protection Act review, please complete Section C.1.c, and include requested materials with this Notice of Intent (NOI); OR complete Section C.2.f, if applicable. If MESA supplemental information is not included with the NOI, by completing Section 1 of this form, the NHESP will require a separate MESA filing which may take up to 90 days to review (unless noted exceptions in Section 2 apply, see below). c.Submit Supplemental Information for Endangered Species Review 1. Percentage/acreage of property to be altered: (a)within wetland Resource Area >1% Existing 500 SF/Proposed 440 SF 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 Marstons Mills/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 Marstons Mills/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. b. Proprietary BMPs are included in the Stormwater Management System. No. Check why the project is exempt: (Repair of existing walkway and deck) 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 Marstons Mills/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. Boardwalk and Deck Repair Plan a. Plan Title Atlantic Design Engineers, Inc. b. Prepared By Richard Tabaczynski c. Signed and Stamped by 03/14/2024 d. Final Revision Date 1" = 40' and 1" = 10' 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: 2. Municipal Check Number 3. Check date 4. State Check Number 5. Check date 6. Payor name on check: First Name 7. Payor name on check: Last Name 3/13/2024 3/13/2024 Atlantic Design Engineers, Inc. 2756 2757 3/14/2024 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: 100 Waters Edge a. Street Address Marstons Mills/Barnstable b. City/Town c.Check number $362.50 d.Fee amount 2.Applicant Mailing Address: Diana a. First Name Gerbereux b. Last Name Whistleberry Residents Association c. Organization Box 850 d. Mailing Address Marstons Mills/Barnstable e. City/Town MA f. State 02648 g. Zip Code (978) 376-2149 h. Phone Number i. Fax Number whistleberryRA@yahoo.com j. Email Address 3.Property Owner (if different): 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 Category 2(j) - any other activity not in Category 1,3,4,5 or 6 1 $500 $500 Proposed project work within resource area (additional 50% fee) 1 $250 $250 Step 5/Total Project Fee: $750 Step 6/Fee Payments: Total Project Fee: $750 a. Total Fee from Step 5 State share of filing Fee: $362.50 b. 1/2 Total Fee less $12.50 City/Town share of filling Fee: $387.50 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.) APPENDIX B Abutter Notification •List of Abutters •Abutter Notification Letter •Certified Mail Receipts/Green Cards (Under Separate Cover) •Affidavit of Service 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 061009 BARNSTABLE LAND TRUST INC 1540 MAIN STREET WEST BARNSTABLE 02668MA 061010 BARNSTABLE, TOWN OF (LB)367 MAIN STREET HYANNIS 02601MA 061010001 BRIAND, ANNE M & DENIS J 80 FLUME AVENUE MARSTONS MILLS 02648MA 061010002 TREANOR, JOHN C & LOUISE TRS TREANOR REVOCABLE TRUST 90 FLUME AVENUE MARSTONS MILLS 02648MA 061038 WHISTLEBERRY RESID ASSO INC P O BOX 850 MARSTONS MILLS 02648MA 061048 ROWEN REALTY LLC 14 PARTRIDGE HILL RD SUTTON 01590MA 061049 TREJO, MIGUEL & DROULERS-TREJO, MARIA A 587 WHISTLEBERRY DRIVE MARSTONS MILLS 02648MA 062043 DAY, KATHLEEN ELIZABETH & MICHAEL JOHN TRS KATHLEEN AND MICHAEL DAY REVOCABLE LIVING TRUST 84 WATERS EDGE MARSTONS MILLS 02648MA 062044 POWELL, MARC S & BREANNA L 92 WATERS EDGE MARSTONS MILLS 02648MA 062045 COTE, PHILIP L & VERONICA T TRS MOOREA NOMINEE TRUST 94 WATERS EDGE MARSTONS MILLS 02648MA 062046 GERBEREUX, DIANA TR DIANA GERBEREUX TRUST 96 WATERS EDGE MARSTONS MILLS 02648MA 062047 BURRELL, WARREN T & AMY 105 DEERFOOT CIRCLE MASHPEE 02649MA 062048 AYLWARD, JOHN T P.O. BOX 1442 MARSTONS MILLS 02648MA 062049 MACDONALD, DOUGLAS E & SARAH E TR DOUGLAS & SARAH MACDONALD 2021 LIV TR 91 WATERS EDGE MARSTONS MILLS 02648MA 062050 COOKSON, JOHN S & MARILYN J TRS 85 WATERS EDGE REAL ESTATE TRUST 85 WATERS EDGE MARSTONS MILLS 02648MA 2/22/2024 10:23 AMReport Generated On:Page 1 of 2 15Total 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 062050 COOKSON, JOHN S & MARILYN J TRS 85 WATERS EDGE REAL ESTATE TRUST 85 WATERS EDGE MARSTONS MILLS 02648MA 2/22/2024 10:23 AMReport Generated On:Page 2 of 2 15Total Number of Abutters: This list by itself does NOT constitute a "Certified List of Abutters" and is provided only as an aid to the determination of abutters. If a Certified Abutter List is required, you must contact the Assessing Division to have this list certified. 3,600.00 Conservation Notice of Intent (NOI) Abutter Map for Subject Parcel This map is for illustration purposes only. It is not adequate for legal boundary determination or regulatory interpretation. This map does not represent an on-the-ground survey. It may be generalized, may not reflect current conditions, and may contain cartographic errors or omissions. Legend Property owners within 100 feet of the perimeter of the subject parcel upon which work is proposed. Parcel lines shown on this map are only graphic representations of Assessor’s tax parcels. They are not true property boundaries and do not represent accurate relationships to physical objects on the map such as building locations. 150 Town of Barnstable GIS Unit 300 2/22/2024 gis@town.barnstable.ma.us Printed on: 0 ft.300 Subject Parcel Abutters 100 ft. Buffer ft. 1 inch = approx. Parcels Town Boundary Railroad Tracks Buildings Approx. Building Buildings Parking Lots Paved Unpaved Roads Paved Road Unpaved Road Bridge Paved Median Water Bodies WEST BARNSTABLE, MA 02668 061009 BARNSTABLE LAND TRUST INC 1540 MAIN STREET Property ID: HYANNIS, MA 02601 061010 BARNSTABLE, TOWN OF (LB) 367 MAIN STREET Property ID: MARSTONS MILLS, MA 02648 061010001 BRIAND, ANNE M & DENIS J 80 FLUME AVENUE Property ID: 90 FLUME AVENUE MARSTONS MILLS, MA 02648 061010002 TREANOR, JOHN C & LOUISE TRS TREANOR REVOCABLE TRUST Property ID: MARSTONS MILLS, MA 02648 061038 WHISTLEBERRY RESID ASSO INC P O BOX 850 Property ID: SUTTON, MA 01590 061048 ROWEN REALTY LLC 14 PARTRIDGE HILL RD Property ID: MARSTONS MILLS, MA 02648 061049 TREJO, MIGUEL & DROULERS-TREJO, MARIA 587 WHISTLEBERRY DRIVE Property ID: 84 WATERS EDGE MARSTONS MILLS, MA 02648 062043 DAY, KATHLEEN ELIZABETH & MICHAEL JOHN KATHLEEN AND MICHAEL DAY REVOCABLE Property ID: MARSTONS MILLS, MA 02648 062044 POWELL, MARC S & BREANNA L 92 WATERS EDGE Property ID: 94 WATERS EDGE MARSTONS MILLS, MA 02648 062045 COTE, PHILIP L & VERONICA T TRS MOOREA NOMINEE TRUST Property ID: 96 WATERS EDGE MARSTONS MILLS, MA 02648 062046 GERBEREUX, DIANA TR DIANA GERBEREUX TRUST Property ID: MASHPEE, MA 02649 062047 BURRELL, WARREN T & AMY 105 DEERFOOT CIRCLE Property ID: MARSTONS MILLS, MA 02648 062048 AYLWARD, JOHN T P.O. BOX 1442 Property ID: 91 WATERS EDGE 062049 MACDONALD, DOUGLAS E & SARAH E TR DOUGLAS & SARAH MACDONALD 2021 LIV TR MARSTONS MILLS, MA 02648 Property ID: 85 WATERS EDGE MARSTONS MILLS, MA 02648 062050 COOKSON, JOHN S & MARILYN J TRS 85 WATERS EDGE REAL ESTATE TRUST Property ID: 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: Diana Gerbereux/Whistleberry Residents Assoc. 100 Waters Edge, Marstons Mills (Barnstable) ASSESSOR’S MAP & PARCEL: MAP PARCEL PROJECT DESCRIPTION: Middle Pond. All work will be completed within existing cleared limits and existing structure footprints. APPLICANT’S AGENT: PUBLIC HEARING: WILL BE HELD REMOTELY VIA ZOOM See agenda posting on Town Clerks website available at least 48 hours in advance of the meeting for details. DATE: / / TIME: P.M. NOTE: Plans and applications describing the proposed activity are on file with the Conservation Commission at https://itlaserfiche.town.barnstable.ma.us/WebLink/Browse.aspx?id=825530&dbid=0&repo=TownOfBarns table, by email to Kimberly.Cavanaugh@town.barnstable.ma.us or by calling (508-862-4093) 61 38 Proposed repair of an existing wooden walkway and deck on property located at 100 Waters Edge, Marstons Mills (Barnstable), MA. The existing walkway and deck are adjacent to Marstons Mills River and Richard J. Tabaczynski, P.E. Atlantic Design Engineers, Inc. (508) 888-9282 Rev. 8/22/19 Affidavit of Service Town of Barnstable Conservation Commission AFFIDAVIT OF SERVICE Under the Massachusetts Wetlands Protection Act (To be submitted to the Massachusetts Department of Environmental Protection and the Barnstable Conservation Commission when filing a Notice of Intent) I,__Richard Tabaczynski, PE______ hereby certify under the pains and penalties of perjury that on or around (to be determined once PA Form is approved), I gave Notification to Abutters in compliance with second paragraph of Massachusetts General Laws Chapter 131, Section 40 in connection with the following matter: A Notice of Intent filed under the Massachusetts Wetlands Protection Act by Whistleberry Residents Assoc. with the Barnstable Conservation Commission on March 14, 2024 for property located on __100 Waters Edge, Marstons Mills (Barnstable) MA The Notification to Abutters form and list of the abutters to whom it was given and their addresses are included in this Notice of Intent application package. ___________ March 14, 2024 Signature Date APPENDIX C Miscellaneous Figures (Aerial Locus, USGS, Assessor’s Map & NHESP) LOCUS LOCUS LOCUS LOCUS APPENDIX D Directions to the Locus 3/13/24, 8:36 AM Barnstable Town Manager to 100 Waters Edge Road, Marstons Mills, MA - Google Maps https://www.google.com/maps/dir/Barnstable+Town+Manager,+Main+Street,+Hyannis,+MA/100+Waters+Edge+Road,+Marstons+Mills,+MA/@41.666…1/2 Map data ©2024 Google 1 mi Barnstable Town Manager 367 Main St, Hyannis, MA 02601 Continue to Main St 1.Head southwest toward Main St 2.Turn right 3.Turn right toward Main St Continue on Main St. Take Old Stage Rd and Race Ln to Old Mill Rd 4.Turn left onto Main St 5.At the trac circle, take the 3rd exit onto W Main St Pass by Dunkin' (on the left in 1.5 mi) 6.Turn left onto Falmouth Rd 1 min (0.2 mi) 167 ft 233 ft 482 ft 18 min (8.3 mi) 0.7 mi 2.1 mi 0.9 mi Drive 10.2 miles, 24 minBarnstable Town Manager, 367 Main St, Hyannis, MA 02601 to 100 Waters Edge Rd, Marstons Mills, MA 02648 3/13/24, 8:36 AM Barnstable Town Manager to 100 Waters Edge Road, Marstons Mills, MA - Google Maps https://www.google.com/maps/dir/Barnstable+Town+Manager,+Main+Street,+Hyannis,+MA/100+Waters+Edge+Road,+Marstons+Mills,+MA/@41.666…2/2 7.Turn right onto Old Stage Rd 8.Continue onto Race Ln 9.At the trac circle, continue straight to stay on Race Ln Continue on Old Mill Rd. Take Whistleberry Dr to Waters Edge Rd 10.Turn left onto Old Mill Rd 11.Turn left onto Whistleberry Dr 12.Turn left onto Waters Edge Rd 13.Turn right toward Waters Edge Rd 14.Turn left onto Waters Edge Rd 15.Turn right to stay on Waters Edge Rd 100 Waters Edge Rd Marstons Mills MA 02648 2.0 mi 1.5 mi 1.2 mi 5 min (1.7 mi) 0.6 mi 0.8 mi 0.2 mi 82 ft 75 ft 0.1 mi APPENDIX E Photographs of Project Area APPENDIX F Stamped Plans (Under Separate Cover) APPENDIX G Form PA – Permission to Access Property Diana Gerbereux (978) 376-2149 3/14/2024 APPENDIX H Wetland Border Report – Goddard Consulting dated 1/23/24 P.O. Box 4012, Plymouth, Massachusetts 02361 617-529-3792 | www.ecrwetlands.com WETLAND DELINEATION MEMO TO: Atlantic Design Engineers, Inc. FROM: Brad Holmes DATE: January 23, 2024 RE: Off Whistleberry Drive, Marstons Mills Per your request, Environmental Consulting & Restoration, LLC (ECR) performed a review of the existing conditions at the property located off Whistleberry Drive in Marstons Mills (the site) on January 17, 2024. The purpose of the review was to identify wetland resource areas on and near a trail and boardwalk at the site. The site is located to the south of Whistleberry Drive and consists of a parcel that is utilized for recreational activities by the local home owner’s association. The parcel abuts Middle Pond to the east. The site contains a gravel driveway from Whistleberry Drive that leads to a tennis court and small playground. The site also includes a maintained walking trail and boardwalk along the Marstons Mills River to access a seating deck at the edge of Middle Pond. The weather on January 17th was partly cloudy and cold (approximately 25 degrees) with light wind and dry site conditions. Wetland resource areas are located on and near the site associated with a historic cranberry bog, the Marstons Mills River, and Middle Pond. ECR placed Bordering Vegetated Wetland (BVW) flags (pink/black striped ribbons) and Inland Bank/Ordinary High-Water flags (blue ribbons) along the limits of the resource areas as follows: BVW #A1 to #A25 – wetland within the western portion of the site associated with a historic bog system. BVW #B1 to #B15 – wetland to the east of the tennis court and playground BVW #C1 to #C4 – edge of wetland immediately north of the deck seating area Ordinary High-Water #OHW1 to #OHW6 – limit of Middle Pond Inland Bank #IB1 to #IB18 – limit of the Marstons Mills River The vegetated wetlands were delineated following the methodology established by the Massachusetts Department of Environmental Protection (DEP) regulations found at 310 CMR 10.55 pertaining to the delineation of Bordering Vegetated Wetlands. The delineation was 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. The limits of the Marstons Mills River and Middle Pond were delineated in accordance with the definitions and methodology found at 310 CMR 10.58 and 10.54, respectively. 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 • Inland Banks to stream and pond • 200-foot Riverfront Area • 100-foot Buffer Zone to BVW and Inland Bank P.O. Box 4012, Plymouth, Massachusetts 02361 617-529-3792 | www.ecrwetlands.com Also, a review of the MassMapper database reveals the following: 1. The eastern portion of the site is 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 does not contain areas mapped as Land Subject to Flooding (FEMA flood zone). 4. The site is not located within an Area of Critical Environmental Concern. 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, Professional Wetland Scientist #1464 Manager