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Home My WebLink About3.19.2024_NOI_10 Wood Duck_BrennanMarsh Matters Environmental P.O. Box 554 Forestdale, MA 02644 978.434.1228 Mike.Ball@MarshMattersEnvironmental.com ______________________________________________________________________________________ MME www.marshmattersenv.com 10 Wood Duck Road, Marstons Mills March 19, 2024 Chairman F.P. Tom Lee Office of the Barnstable Conservation Commission 230 South Street Hyannis, MA 02601 RE: Notice of Intent – Single-family Home Construction 10 Wood Duck Road, Marstons Mills (Barnstable), Massachusetts Assessors Reference: Map 030 / Parcel 114) Applicant: Joseph Brennan Dear Chairman Lee and Conservation Commission members, On behalf of the applicant, Joseph Brennan, Marsh Matters Environmental (“MME”) submits the enclosed Notice of Intent (NOI)(WPA Form 3) with project plan set and other supporting documents seeking an Order of Conditions (WPA Form 5) from the Barnstable Conservation Commission (BCC). The applicant’s NOI seeks approval for the construction of a single-family house with an on-site Title V sewage disposal system at 10 Wood Duck Road in Marstons Mills (the Site). MME submits this NOI pursuant to the Massachusetts Wetlands Protection Act (“MWPA”)(M.G.L. Ch. 131 §40) and the Town of Barnstable Wetlands Protection By-law (Chapter 237) and in accordance with the implementing MWPA Regulations (310 CMR 10.00), the regulations for work in the buffer zone (Chapter 704), and the Regulation Governing Minimum Submission Requirements for a NOI Application. Please accept this cover letter as the proposed project narrative. Existing Conditions The Site is 0.73-acre of vacant land located in a residential neighborhood just north of Long Pond in Marstons Mills (see site locus figures). The freshwater, inland Resource Areas at the Site include a Bordering Vegetated Wetland (BVW)(310 CMR 10.55), Inland Bank (310 CMR 10.54), and a small pond (310 CMR 10.04) known as Duck Pond. The Massachusetts Natural Heritage and Endangered Species Program identifies this pond as a potential vernal pool. The jurisdictional BVW buffer zone is a pitch pine – mixed oak woodland. Proposed Project Activities The two-sheet project plan set (Proposed Septic System / Site Plan, by Engineering Works, Inc. dated 2.16.2024) illustrates both existing conditions and the locations of proposed project activities. Project activities include construction of a new three-bedroom house and a Title 5-compliant, on-site sewage disposal system. All SDS components are located beyond the BVW buffer zone boundary. Only minor grade adjustments are necessary around the new house foundation. Two infiltration drywells are proposed to accept stormwater roof run-off. The amount of proposed project footprint within the buffer zone is 3,532 sf. Regulatory Compliance The proposed project, which is a buffer zone-only project, meets all performance standards for both BVW and Inland Bank, as activities will not result in any Bank instability or cumulative impairment of or to the Bank’s critical characteristics and will not result in any adverse impact to either BVW area nearest the Marsh Matters Environmental NOI 3.19.2024 MME www.marshmattersenv.com Mike.Ball@MarshMattersEnvironmental.com property. No activity is proposed within fifty feet of any resource area. The project serves the interests of both the MWPA and the local wetland bylaw. MME attests that it will notify property abutters of this application and of the anticipated April 2, 2024 public hearing in accordance with state and local requirements. You may reach MME at 978.434.1228 or by email at Mike.Ball@MarshMattersEnvironmental.com should you require any additional information, or should you like to meet at the site prior to the public hearing. Sincerely, D. Michael Ball, Sr. Wetland Scientist / Regulatory Compliance Consultant Marsh Matters Environmental CC: MassDEP SERO Joseph Brennan Peter McEntee P.E., Engineering Works, Inc. DIRECTIONS TO SITE: FROM THE INTERSECTION OF RACE LANE AND OLD MILL ROAD IN MARSTONS MILLS HEAD SOUTH ONTO OLD MILL ROAD, WHICH THEN BECOMES SCHOOL STREET TAKE A LEFT (HEAD SOUTH) ONTO SANTUIT-NEWTOWN ROAD TAKE FIRST RIGHT ONTO WOOD DUCK ROAD SUBJECT PARCEL WILL BE ON YOUR LEFT AS ROAD MERGES WITH LAKE SHORE DRIVE 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): 10 WOOD DUCK ROAD a. Street Address BARNSTABLE b. City/Town 02648 c. Zip Code Latitude and Longitude: 41.673384 d. Latitude -70.441903 e. Longitude 030 f. Assessors Map/Plat Number 114 g. Parcel /Lot Number 2. Applicant: JOSEPH a. First Name BRENNAN b. Last Name c. Organization 185 STEVENS STREET - UNIT 3C d. Street Address HYANNIS e. City/Town MA f. State 02601 g. Zip Code 508-400-7389 h. Phone Number i. Fax Number JOEBRENNAN52@YAHOO.COM j. Email Address 3. Property owner (required if different from applicant): Check if more than one owner SAME 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): D. MICHAEL a. First Name BALL b. Last Name MARSH MATTERS ENVIRONMENTAL.COM c. Company P.O. BOX 554 d. Street Address FORESTDALE e. City/Town MA f. State 02644 g. Zip Code 978-434-1228 h. Phone Number i. Fax Number Mike.Ball@MarshMattersEnvironmental.com j. Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $500.00 a. Total Fee Paid $237.50 b. State Fee Paid $262.50 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 BARNSTABLE City/Town A. General Information (continued) 6. General Project Description: SINGLE-FAMILY HOUSE CONSTRUCTION WITH ON-SITE SEWAGE DISPOSAL SYSTEM 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) 3759 c. Book 0311 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: square feet 4. Proposed alteration of the Riverfront Area: a. total square feet 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 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 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 2024 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. PROPOSED SEPTIC SYSTEM / SITE PLAN a. Plan Title ENGINEERING WORKS, INC. b. Prepared By PETER T. MCENTEE c. Signed and Stamped by 2.16.2024 d. Final Revision Date 1 INCH = 30 FEET 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: 1026 2. Municipal Check Number 3.19.2024 3. Check date 1024 4. State Check Number 3.14.2024 5. Check date D.M.BALL - MME 6. Payor name on check: First Name 7. Payor name on check: Last Name MMEnvironmental MARSH MATTERS ENVIRONMENTAL Attachment 1 Site Locus Figures FIGURE 1 – USGS SITE LOCUS MAP 10 WOOD DUCK ROAD, MARSTONS MILLS, MASSACHUSETTS MARSH MATTERS ENVIRONMENTAL SITE LOCATION FIGURE 2 – AERIAL PHOTO 10 WOOD DUCK ROAD, MARSTONS MILLS, MASSACHUSETTS MARSH MATTERS ENVIRONMENTAL SOURCE: GOOGLE EARTH ALL LINES DRAWN ON THIS FIGURE ILLUSTRATE APPROXIMATE LOCATIONS FIGURE 3 – MASSMAPPER SITE LOCUS MAP 10 WOOD DUCK ROAD, MARSTONS MILLS, MASSACHUSETTS MARSH MATTERS ENVIRONMENTAL PROJECT LOCATION FIGURE 4 – BARNSTABLE GIS MAP SITE LOCUS 10 WOOD DUCK ROAD, MARSTONS MILLS, MASSACHUSETTS MARSH MATTERS ENVIRONMENTAL SITE LOCATION SALT MARSH MMEnvironmental MARSH MATTERS ENVIRONMENTAL Attachment 2 PROPOSED PROJECT PLAN SET MMEnvironmental MARSH MATTERS ENVIRONMENTAL Attachment 3 Property Abutters-related Documents Administrative Form(s) Wetland Determination Form Set Filing Fee Transmittal Form 2,100.00 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. 88 Town of Barnstable GIS Unit 175 3/18/2024 gis@town.barnstable.ma.us Printed on: 0 ft.175 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 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 030013 SMITH, DANIEL H & LAUREEN A 9 WOOD DUCK RD MARSTONS MILLS 02648MA 030020 BALFE, JAMES E & DELIA M 107 LAKE SHORE DR MARSTONS MILLS 02648MA 030055 SMALL, PETER B 29 WOOD DUCK RD MARSTONS MILLS 02648MA 030113 TABER, NANCY PO BOX 134 MARSTONS MILLS 02648MA 030114 MCCARTHY, TERRANCE J TR WOOD DUCK RD REALTY TRUST 1372 HANCOCK STREET QUINCY 02169MA 030115 LAWSON, ROBERT & DONNA 46 WOOD DUCK RD MARSTONS MILLS 02648MA 3/18/2024 5:39 AMReport Generated On:Page 1 of 1 6Total 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: ASSESSOR’S MAP & PARCEL: MAP PARCEL PROJECT DESCRIPTION: ________________________________________________________ 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) JOSEPH BRENNAN 10 WOOD DUCK ROAD MARSTONS MILLS 30 114 CONSTRUCTION OF A SINGLE-FAMILY HOME WITH ON-SITE SEWAGE DISPOSAL SYSTEM D. MICHAEL BALL MARSH MATTERS ENVIRONMENTAL 978.434.1228 4 2 2024 6:30 19 MARCH 2024 MARSH MATTERS ENVIRONMENTAL February 2024 VEGETATED WETLAND RESOURCE AREA BOUNDARY DETERMINATION METHODS In advance of MME’s on-site observations, MME performs a desk-top review of available mapping resources and any documents that may have been provided by the applicant and/or project land surveyor/ engineer as background material. MME reviews all or some of the following data sources. • Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps. • United States Geological Survey Topographic Quadrangle. • MassGIS MassDEP Wetland and Hydrography data layers. • MassGIS Natural Heritage Atlas data layers. • Google Earth Aerial photography. • United States Department of Agriculture, Natural Resources Conservation Service (USDA-NRCS) Web Soil Survey; and, • Mapping data layers provided by the subject municipality’s website (if available). MME performs WRA identification and delineations in substantial accordance with the following publications as applicable: the Massachusetts Wetlands Protection Act and the implementing MWPA regulations (310 CMR 10.00 et seq.); Section 404 of the Clean Water Act (33 U.S.C. 1344); the Massachusetts Department of Environmental Protection (MassDEP) publication Massachusetts Handbook for Delineation of Bordering Vegetated Wetlands (2nd Edition, September 2022); and the U.S. Army Corp of Engineers (USACE) Wetland Delineation Manual (1987). When performing WRA identification and delineations, MME uses a methodology involving consideration of (1) plant community compositions and transitions between plant communities, (2) observed topographic changes in the landscape, (3) indicators of wetland hydrology, including evidence of extent of standing or flowing water in nearby waterbody or waterway, (4) the presence/absence of certain sub- surface soil morphological indicators (i.e., redoximorphic features) that confirm the presence, or absence, and approximate elevation of groundwater in the soil profile (relative to the ground surface) during a portion of the growing season, and (5) any evident land alterations. MME marks WRA boundaries with numbered tape flagging, or stakes, and typically collects a set of photographs that document on-site conditions on the day(s) of fieldwork. Entrance onto abutting property is usually incidental and often necessary in order to complete fieldwork and MME assumes that this entry, as well as establishment of wetland boundary flagging, has either been pre-approved, or is otherwise acceptable by the subject property owner and/or property abutters. For wetland indicator status ratings for vascular plants, MME refers to the National Wetland Plant List for the Northcentral and Northeast Regions administered by the U.S. Army Corps of Engineers. For hydric / non-hydric soil profile determinations, MME consults Field Indicators for Identifying Hydric Soils in New England (Version 4, 2017). When noting the presence of invasive and potentially invasive plant species, MME uses plant status designations provided by the Massachusetts Invasive Plant Advisory Group (MIPAG). MARSH MATTERS ENVIRONMENTAL February 2024 MME typically completes at least one set of Bordering Vegetated Wetland Determination Forms when a Bordering Vegetated Wetland is delineated and/or if MME believes that this type of detailed documentation is necessary. One or more sets of these data forms may accompany a permit application and the information on the forms should be considered representative of plant community and soil profile conditions along the length of wetland boundary. For determining the landward extent of Riverfront Area, in accordance with 310 CMR 10.58(2)(a)(2), if the project engineer is not identifying the mean high water (MHW) or the mean annual high-water (MAHW) mark/elevation, the MME identifies MHW/MAHW by identifying visible markings or changes in the character of soils or vegetation due to the prolonged presence of water. These markings distinguish between predominantly aquatic and predominantly terrestrial land. For tidal rivers, in the absence of reliable tidal flood elevation information, MME typically determines the approximate MHW mark using topographic clues and, in certain instances, the observed landward extent of Spartina alterniflora growth. Chap 707/rev. March 2022 Page 1 CHAPTER 707 Regulation Governing Minimum Submission Requirements for a Notice of Intent Application The Barnstable Conservation Commission has adopted the following requirements in order to obtain more consistently complete submission documents necessary for a thorough and efficient review of all Notice of Intent (NOI) applications. Failure to complete any of the items in this checklist may result in your application being denied. Applicant or applicant’s agent should check each box denoting that the task has been completed or in certain instances, like field staking, denoting that the task will be completed. The following submission checklist covers the requirements of Chapter 237, Wetlands Protection, of the Part I General Ordinances of the Code of the Town of Barnstable. This checklist shall be submitted to the Barnstable Conservation Division with the NOI application. 1. Requirements a. The applicant understands, unless they’ve instructed otherwise, they are applying both under the Massachusetts Wetlands Protection Act M.G.L. c.131,§40 and Chapter 237 of the Town of Barnstable General Ordinances. b. Attach a written narrative to the NOI application (WPA Form 3), available at: www.mass.gov/eea/agencies/massdep/service/approvals/wpa-form-3.html describing any project impacts and proposed mitigation as they relate to the following: 1) Any of the interests of Chapter 237 of the General Ordinances and the MassDEP Wetlands Protection Act M.G.L. 131, §40. 2) The performance standards contained in the MassDEP Wetlands Protection Regulations (310 CMR 10.00) 3) Chapter 704: Regulation Governing Activity in the 100-ft. Buffer Zone. 4) Chapter 703: Private Docks and Piers. 5) Any other applicable regulations (310 CMR 10.00 or as promulgated under Chapter 237 of the General Ordinances). c. Enclose proper payment to cover the fee for Chapter 237 filings. Consult current Fee Schedule at www.townofbarnstable.us/Conservation d. Please indicate who is to record the Order of Conditions (check one): Applicant Agent 2. Abutter Notification (See Abutter Notification Regulation, Chapter 706) Town of Barnstable Conservation Commission 230 South Street Hyannis Massachusetts 02601 Office: 508-862-4093 E-mail: conservation@town.barnstable.ma.us x x x x x N/A x x x x Chap 707/rev. March 2022 Page 2 a. Contact the Conservation Division office at (508) 862-4093 regarding the docketing process, or see current schedule of Conservation Hearings and submission deadlines at: www.townofbarnstable.us/Conservation/ b. Provide a copy of the list of abutters within a 100 ft radius of the project parcel. c. Provide a copy of the Assessor’s Map indicating the parcel of the project site and showing the 100 ft radius of the project parcel. d. Provide a copy of the abutter notification letter. Use the form letter provided in our Abutter Notification Regulation (Chapter 706), available on the Conservation Division website. e. Bring the green return receipts, from the certified mailings to the abutters, as proof of notification to the public hearing. If any mailings are returned, bring the entire envelope, indicating by postal service stamp the reason for return. You will retain the receipts afterwards, not the Conservation Division. f. I further certify under the penalties of perjury that all abutters were notified of the Notice of Intent Application, pursuant to the requirements of Chapter 237 of the General Ordinances of the Code of the Town of Barnstable. Notice must be made in writing by certified mail to all abutters within 100 ft of the property line of the project location. _______________________________________ Signature of Applicant or Representative Date 3. Field Staking: a. On or before Tuesday, @ 8:30 a.m., one week prior to the scheduled public hearing, have your project staked by a professional engineer or registered land surveyor showing all outside corners of all proposed structures and the continuous proposed “limit of work” line. b. Have a wetland scientist or other qualified professional flag all wetland resource areas on or within 100 ft of the work area. Make sure that the flags are sequentially numbered. c. Provide a project identification stake with bright painted top and applicant name and address, easily visible from the street approaching the site. 4. Legal Advertisement Fees: a. Conservation will submit the legal ad for publication in a local newspaper. The applicant or his/her agent is responsible for payment, by check (payable to the Town of Barnstable), at the hearing or by mail. The cost of the legal ad will be pre-calculated and posted on the hearing agenda prior to the hearing. 5. Minimum Documentation for a Complete Application: a. Provide a completely filled-out (in all parts) NOI application as locally adopted for the Town of Barnstable, including MassDEP Vegetated Wetland Field Data Form. Indicate Assessor’s map and parcel of the project, as well as the street or road address, and pertinent village (i.e., Hyannis, Centerville, Barnstable, etc). b. Provide two (2) original project plans, stamped in blue or red ink (wet stamp). Plans must be signed and dated by a Massachusetts licensed, professional engineer, land surveyor, architect or landscape architect (as applicable), and shall be drawn at a readable scale (1" = 20' preferred). For multi-acre sites, a second site plan, drawn at larger scale showing the entire site, should also be provided. x x x x x x x x x x x Chap 707/rev. March 2022 Page 3 c. Provide a signed Permission to Access Property, Form PA. The form must be signed by the property Owner, or legal representative and submitted prior to NOI being docketed and application advertised. Form PA is available at www.townofbarnstable.us/Conservation/. Do not send the abutter letter out until the form is submitted to the Conservation Division office. d. For projects requiring mitigation plantings under Chapter 704 -3, 704-4, and 704-5, mitigation planting location(s) shall clearly be shown on landscaping planting plan. The planting plan shall include species list (chosen from the Town of Barnstable Conservation Commission approved planting lists), sizes, densities and/or quantities. The plan shall also provide area calculations between 0 to 50 and 50 to 100 separately for the amount of mitigation planting required, and the amount of mitigation planting proposed. e. Provide detailed, written street directions to the locus (site). f. Provide a copy of a U.S.G.S. locus map indicating the general area of the project site. g. Provide a check for the Town of Barnstable portion of the required filing fee. (The portion payable to the Commonwealth, see 7. e. below) h. Provide any other documentation, photographs, architectural renderings or other supporting data prepared by professionals competent in the field which may be relevant to the application. 6. The site plan shall also show: a. All existing and proposed contours at 2-ft. minimum intervals (1-ft. preferred). b. Clear delineation of all existing and proposed structures and features. Building structures must be accurately dimensioned (fixed location) from property lines and wetland resource areas. Plans shall provide sufficient detail to show all potential wetland impacts, mitigation, compensatory areas, engineered structures, utilities, landscaping, etc. within the area of jurisdiction. On complicated sites, existing and proposed conditions must be shown on separate sheets. c. Locus inset map of the site clearly showing its location relative to surrounding public streets. d. All wetland resource area flags by individual flag number (matched to the field) to clearly identify all resource areas on or within 100 feet of the work area. The individual who performed the flagging and date of flagging shall be identified on the plan next to the resource line. e. Section views showing changes in grade, cuts and fills. 7. SUBMISSION OF THE COMPLETED APPLICATION WITH PLANS: a. Provide a signed Permission to Access Property, Form PA. The form must be signed by the property Owner, or legal representative and submitted prior to NOI being docketed and application advertised. Form PA is available at www.townofbarnstable.us/Conservation/. Do not send the abutter letter out until the form is submitted to the Conservation Division office. b. Email NOI application and all associated materials in PDF format to Kimberly.Cavanaugh@town.barnstable.ma.us AND Darcy.Karle@town.barnstable.ma.us . Do not include copies of checks. All attachments must be named with the hearing date (year first), type, name, address. Examples 20220301 NOI Smith 21 Main Street or 2022031 NOI Plan Smith 21 Main Street. c. Provide two (2) full NOI applications with folded plans (colored ink stamp) with signature/date to the Town of Barnstable Conservation Division Office for administrative use; x N/A x x x x x x x x x x A. Applicant Information 1. Applicant: a. First Name JOSEPH b.Last Name BRENNAN c. Organization d. Mailing Address 185 STEVENS STREET e. City/Town HYANNIS f. State MA g. Zip Code 02601 h. Phone Number 5084007389 i. Fax j. Email JOEBRENNAN52@YAHOO.COM 2.Property Owner:(if different) a. First Name JOSEPH b. Last Name BRENNAN c. Organization d. Mailing Address 185 STEVENS STREET e. City/Town HYANNIS f.State MA g. Zip Code 02601 h. Phone Number 5084007389 i. Fax j.Email JOEBRENNAN52@YAHOO.COM 3. Project Location: a. Street Address 10 WOOD DUCK b. City/Town BARNSTABLE Are you exempted from Fee? (YOU HAVE SELECTED 'NO') Note: Fee will be exempted if you are one of the following: City/Town/County/District Municipal Housing Authority Indian Tribe Housing Authority MBTA State agencies are only exempt if the fee is less than $100 B. Fees Activity Type Activity Number Activity Fee RF Multiplier Sub Total A.) CONSTRUCTION OF SINGLE FAMILY HOUSE; 1 500.00 500.00 City/Town share of filling fee $262.50 State share of filing fee $237.50 Total Project Fee $500.00 Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands WPA Form 3 Notice of Wetland FeeTransmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File #: eDEP Transaction #:1693322 City/Town:BARNSTABLE Page 1 of 1 * ELECTRONIC COPY