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HomeMy WebLinkAbout55 Hilliards Hayward_Full Binder_3-19-24
NOTICE OF INTENT APPLICATION
For
RESIDENTIAL DECK REPLACEMENT AT
55 HILLIARDS HAYWAY
WEST BARNSTABLE, MASSACHUSETTS
Applicant:
Steven Oare
20 River Street
Natick, MA 01760
Prepared by:
Atlantic Design Engineers, Inc.
P.O. Box 1051
Sandwich, Massachusetts 02563
March 19, 2024
Atlantic Project No. 3371.00
Notice of Intent Application
Residential Deck Replacement
55 Hilliards Hayway – West Barnstable, MA
March 19, 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, ACEC)
D. Directions to the Locus
E. Photographs of Project Area
F. Stamped Plans
G. Signed Form PA – Permission to Access Property
H. Wetland Border Report – Goddard Consulting dated February 26, 2024
Notice of Intent Application
Residential Deck Replacement
55 Hilliards Hayway - West Barnstable, MA
ADE Job #3371.00
March 19, 2024
Page 1 of 1
PROJECT NARRATIVE
I. SITE DESCRIPTION
The project locus is a residential property located at 55 Hilliards Hayway in West Barnstable,
Massachusetts. A coastal bank, salt marsh, flood zone, and bordering vegetated wetland are all
present on the property which constitute the wetland resource areas pertinent to this Notice of
Intent application.
The site is currently developed with an existing single-family residence, paved and gravel
driveways, landscape and lawn areas, retaining walls, and an existing fenced in deck at the rear
of the house.
II. PROJECT DESCRIPTION
The proposed project entails removing the existing rear deck currently attached to the existing
residence and constructing a new deck porch in the same vicinity. The square footage of the
existing deck is 395 square feet, the proposed deck (including the screen porch) would be 639
square feet. Erosion control measures will be provided between the coastal bank and the existing
building along the existing fenced and limits of the existing lawn. No additional clearing will be
performed. The construction staging and access will be over the existing paved driveway.
APPENDIX A
Application Forms
• Chapter 707 Form
• WPA Form 3
• Notice of Intent Wetland Fee Transmittal Form
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
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
(Representative)3/19/2024
(Replacement of existing deck in back of existing house)
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
X
X
X
X
X
X
X
X
X
X
X
Chap 707/rev. March 2022 Page 4
d.Provide seven (7) additional copies of the NOI (with folded plans and all pertinent data
attached) to the Barnstable Conservation Division Office for distribution to, and review by,
Conservation Commission members. Any supplementary documentation for administrative
and commission review should be submitted as soon as possible prior to the scheduled public
hearing.*
e.Mail one (1) copy of the complete NOI with plan(s) to the Massachusetts Department of
Environmental Protection (MassDEP) Southeast Regional Office, 20 Riverside Dr., Lakeville, MA
02347. Send MassDEP portion of filing fee to: MA Department of Environmental Protection, Box
4062, Boston, MA 02211.
f.For roadway construction or repair projects, provid e one electronic copy of the NOI and plans to
the Senior Project Manager Special Projects, c/o the Town of Barnstable Department of Public
Works, 382 Falmouth Road, Hyannis, MA 02601.
g.For coastal piers, dredging, coastal engineering structures or other coastal erosion control
projects, provide two hard copies of the NOI and plans to the Shellfish Biologist, c/o
Town of Barnstable Natural Resources, 1189 Phinney’s Ln., Centerville, MA 02632. In
addition, email a (PDF) version to:
1)shellfishNOI@town.barnstable.ma.us. (Email must be sent the same day as submission
to the Conservation Division); and
2)conservationprojects@town.barnstable.ma.us
h.Also, for coastal piers, dredging, coastal engineering structures, provide two hard copies
of the NOI and plans to the Harbormaster, c/o Town of Barnstable Marine and Environmental
Affairs (MEA), 1189 Phinney’s Ln., Centerville, MA 02632. In addition, email a (PDF) version
to:
1)harbormaster@town.barnstable.ma.us. (Email must be sent the same day as submission
to the Conservation Division); and
2)conservationprojects@town.barnstable.ma.us
Note: Please title the file for your NOI project as follows: a. Submission date, b. Last name of applicant,
c.Map/parcel of property, e.g., 082316-Smith-076024.
*Note: If a revised plan needs to be submitted prior to a hearing, please follow same instructions as 7. b. above (and submit to other
entities as may be applicable). Plan revisions must be clearly noted and dated in the revision block. (The same individual who
stamped the original plan must also stamp and sign the revised plan).
Submitted this 19th day of March in the year in accordance with the Town
of Barnstable “Regulation Governing Minimum Submission Requirements for a Notice of Intent Application” by:
(Print Name)
Owner / Applicant Signature Telephone Number
Owner’s Authorized Agent Signature Telephone Number
Approved: May 28, l997
Revised: May 12, 2015
Revised: August 23, with minor rev. Sept. 6, 2016
Revised March 15, 2022
2024
Richard J. Tabaczynski, P.E.(508) 888-9282
X
X
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):
55 Hilliards Hayway
a. Street Address
West Barnstable
b. City/Town
02668
c. Zip Code
Latitude and Longitude: 41.73057
d. Latitude
-70.38704
e. Longitude
136
f. Assessors Map/Plat Number
047
g. Parcel /Lot Number
2. Applicant:
Steve
a. First Name
Oare
b. Last Name
c. Organization
20 River Street
d. Street Address
Natick
e. City/Town
MA
f. State
01760
g. Zip Code
(617) 549-6273
h. Phone Number
i. Fax Number
steve@aliasfilms.tv
j. Email Address
3. Property owner (required if different from applicant): Check if more than one owner
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):
Richard
a. First Name
Tabaczynski
b. Last Name
Atlantic Design Engineers, Inc.
c. Company
39 Pleasant Street
d. Street Address
Sagamore
e. City/Town
MA
f. State
02563
g. Zip Code
(508) 888-9282
h. Phone Number
(508) 888-5859
i. Fax Number
rtab@atlanticcompanies.com
j. Email address
5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form):
$110
a. Total Fee Paid
$42.50
b. State Fee Paid
$67.50
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:
Proposed replacement of an existing residential deck on rear of existing home on property located at
55 Hilliards Hay Way, West Barnstable (Barnstable), MA. The existing deck is adjacent to a coastal
bank resource area. All work will be completed within existing lawn/cleared limits.
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)
35513
c. Book
225
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.
(Deck Replacement)
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 Existing 395 SF/Proposed 708
SF
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 Existing 395 SF/Proposed 708
SF
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
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
percentage/acreage
(b) outside Resource Area >1% Existing 395 SF/Proposed 708 SF
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.
Sandy Neck Barrier Beach System
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.
Site Plan Showing Proposed Deck
a. Plan Title
Atlantic Design Engineers, Inc.
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:
2. Municipal Check Number
3/18/2024
3. Check date
4. State Check Number
3/18/2024
5. Check date
Atlantic Design Engineers, Inc.
6. Payor name on check: First Name 7. Payor name on check: Last Name
2703
2704
Richard J. Tabaczynski, P.E.
3/19/2024
wpaform3.doc • rev. 12/4/2023 Page 9 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
City/Town
F. Signatures and Submittal Requirements
I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying
plans, documents, and supporting data are true and complete to the best of my knowledge. I understand
that the Conservation Commission will place notification of this Notice in a local newspaper at the
expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a).
I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the
requirements of M.G.L. c. 131, § 40. Notice must be made by Certificate of Mailing or in writing by hand
delivery or certified mail (return receipt requested) to all abutters within 100 feet of the property line of the
project location.
1. Signature of Applicant 2. Date
3. Signature of Property Owner (if different)4. Date
5. Signature of Representative (if any)6. Date
For Conservation Commission:
Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents,
two copies of the NOI Wetland Fee Transmittal Form, and the city/town fee payment, to the
Conservation Commission by certified mail or hand delivery.
For MassDEP:
One copy of the completed Notice of Intent (Form 3), including supporting plans and documents, one
copy of the NOI Wetland Fee Transmittal Form, and a copy of the state fee payment to the MassDEP
Regional Office (see Instructions) by certified mail or hand delivery.
Other:
If the applicant has checked the “yes” box in any part of Section C, Item 3, above, refer to that section
and the Instructions for additional submittal requirements.
The original and copies must be sent simultaneously. Failure by the applicant to send copies in a
timely manner may result in dismissal of the Notice of Intent.
Richard J. Tabaczynski, P.E.3-18-24
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:
55 Hilliards Hayway
a. Street Address
West Barnstable
b. City/Town
c.Check number d.Fee amount
2.Applicant Mailing Address:
Steve
a. First Name
Oare
b. Last Name
Alias Films
c. Organization
20 River Street
d. Mailing Address
Natick
e. City/Town
MA
f. State
01760
g. Zip Code
(617)549-6273
h. Phone Number i. Fax Number
steve@aliasfilms.tv
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.
2703 $42.50
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 1(a) - Work on Single
Family Lot (Deck)
1 $110 $110
Step 5/Total Project Fee: $110
Step 6/Fee Payments:
Total Project Fee: $110
a. Total Fee from Step 5
State share of filing Fee: $42.50
b. 1/2 Total Fee less $12.50
City/Town share of filling Fee: $67.50
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
2,700.00
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.
113
Town of Barnstable
GIS Unit
225
2/20/2024
gis@town.barnstable.ma.us
Printed on:
0
ft.225
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
135005 RAMIN, BRUCE & TILA 584 QUINOBEQUIN
ROAD
WABAN 02468MA
136037 FLOYD, MAUREEN O & RICHARD B
TRS
MAUREN O FLOYD 2010 TRUST 88 HILLIARD'S HAYWAY WEST BARNSTABLE 02668MA
136043 HADLEY, RICHARD J PO BOX 282 SAGAMORE 02561-0282MA
136044 SMITH, DAVID & SUZANNE M PO BOX 310 EAST SANDWICH 02537MA
136045 YOUNG, CHERYL A & CARSWELL,
ROBERT I
68 HILLIARDS HAYWAY WEST BARNSTABLE 02668MA
136047 OARE, STEVEN & MAURA 20 RIVER STREET NATICK 01760MA
136048 CAPE CALM LLC 6 BREWER WAY HINGHAM 02043MA
136053 THATCHER, D SCOTT 220 COMMONWEALTH
AVE APT 3
BOSTON 02116MA
2/20/2024 2:56 PMReport Generated On:Page 1 of 1 8Total 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.
WABAN, MA 02468
135005
RAMIN, BRUCE & TILA
584 QUINOBEQUIN ROAD
Property ID:
88 HILLIARD'S HAYWAY
WEST BARNSTABLE, MA 02668
136037
FLOYD, MAUREEN O & RICHARD B TRS
MAUREN O FLOYD 2010 TRUST
Property ID:
SAGAMORE, MA 02561-0282
136043
HADLEY, RICHARD J
PO BOX 282
Property ID:
EAST SANDWICH, MA 02537
136044
SMITH, DAVID & SUZANNE M
PO BOX 310
Property ID:
WEST BARNSTABLE, MA 02668
136045
YOUNG, CHERYL A & CARSWELL, ROBERT I
68 HILLIARDS HAYWAY
Property ID:
NATICK, MA 01760
136047
OARE, STEVEN & MAURA
20 RIVER STREET
Property ID:
HINGHAM, MA 02043
136048
CAPE CALM LLC
6 BREWER WAY
Property ID:
BOSTON, MA 02116
136053
THATCHER, D SCOTT
220 COMMONWEALTH AVE APT 3
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:
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)
3/19/2024
55 Hilliards Hayway
West Barnstable, MA 02668
136 047
Richard J. Tabaczynski, P.E. c/o
Atlantic Design Engineers, Inc.
P.O. Box 1051
Sandwich, MA 02563
4 2 2024
6:30
Steven Oare
Proposed replacement of an existing residential deck on rear of existing
home on property located at 55 Hilliards Hayway, West Barnstable
(Barnstable), MA. The existing deck is adjacent to a coastal bank
resource area. All work will be completed within existing lawn/cleared
limits.
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 Steven
Oare with the Barnstable Conservation Commission on March 19, 2024 for property
located on __55 Hilliards Hayway, West 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 19, 2024
Signature Date
APPENDIX C
Miscellaneous Figures (Aerial Locus, USGS, Assessor’s Map, ACEC)
LOCUS
LOCUS
LOCUS
LOCUS
APPENDIX D
Directions to the Locus
3/13/24, 3:04 PM Barnstable Town Clerk to 55 Hilliards Hay Way, West Barnstable, MA - Google Maps
https://www.google.com/maps/dir/Barnstable+Town+Clerk,+Main+Street,+Hyannis,+MA/55+Hilliards+Hay+Way,+West+Barnstable,+MA/@41.690737…1/2
Map data ©2024 Google 1 mi
Barnstable Town Clerk
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
Follow Bearses Way, Iyannough Rd and Main St
4.Turn left onto Main St
5.Turn right onto High School Rd Ext
6.Continue onto Bearses Way
7.At the trac circle, take the 1st exit and stay on
Bearses Way
1 min (0.2 mi)
167 ft
233 ft
482 ft
18 min (8.5 mi)
0.2 mi
0.2 mi
0.1 mi
1.7 mi
Drive 9.7 miles, 23 minBarnstable Town Clerk, 367 Main St, Hyannis, MA
02601 to 55 Hilliards Hay Way, West Barnstable, MA 02668
3/13/24, 3:04 PM Barnstable Town Clerk to 55 Hilliards Hay Way, West Barnstable, MA - Google Maps
https://www.google.com/maps/dir/Barnstable+Town+Clerk,+Main+Street,+Hyannis,+MA/55+Hilliards+Hay+Way,+West+Barnstable,+MA/@41.690737…2/2
8.Continue straight onto Iyannough Rd
9.Turn left onto Main St
Take Sandy Neck Rd and Point Hill Rd to Hilliards Hay Way
in Barnstable
10.Turn right toward Sandy Neck Rd
11.Continue onto Sandy Neck Rd
12.Continue onto Sandy Neck Rd
13.Turn right onto Point Hill Rd
14.Turn left onto Hilliards Hay Way
Destination will be on the right
55 Hilliards Hay Way
West Barnstable, MA 02668
2.4 mi
3.9 mi
3 min (1.1 mi)
108 ft
0.4 mi
0.2 mi
0.3 mi
0.1 mi
APPENDIX E
Photographs of Project Area
APPENDIX F
Stamped Plans
¾
APPENDIX G
Form PA – Permission to Access Property
Adopted Mar
Applicant’
Project st
Barnstabl
Applicant’
ACCESS
As the Ow
the Mas
General
designate
purpose o
(Notice o
possible,
either wee
understan
to inspect
I/we conf
Commiss
regarding
1.F
ap
2.F
of
pr
I have rea
________
Signature
________
Represen
rch 15, 2022, effec
Property owner's name(s): Steve Oare___________________
’s (Represent
reet address_
e Assessor’s
’s Contact Ph
TO PROPER
wner(s) of the
sachusetts W
Ordinances
ed staff are a
of reviewing t
f Intent or R
notice will be
ekdays or we
nd that if attem
t the outside a
firm my/our
ioners, its ag
this applicati
rom the subm
pproval of the
rom the issua
f the project a
roject.
ad the above
___________
e of property
___________
ntative’s sign
ctive April 18, 202
P
tative’s) Name
___________
Map & Parce
hone Number:
RTY PERMIS
e above refer
Wetlands Prot
(Chapter 23
authorized, a
the existing c
Request for D
e provided to t
eekends as ne
mpts to conta
areas of said
understandin
gent, and its
on for the pe
mission of the
e Notice of Int
ance of the O
and the final
e and I under
____________
y owner
____________
nature
C
Office: 508-
22.
Permission
e(s)________
____________
el: Map___
:
SION
renced prope
tection Act (M
37), the Bar
as a matter o
conditions an
Determination
the applicant
ecessary for t
act me are un
property unde
ng the purpo
s designated
riod as descr
e Application
tent Request
Order(s) of Co
inspection by
rstand and a
__
__
Tow
Conserv
Hyann
-862-4093
to Access P
___________
____________
_______
erty, I/we have
MGL Ch 131
rnstable Con
of law, to ente
d the propos
) to the Ba
prior to the v
the Commiss
nsuccessful, t
er this applica
ose of this
d staff, to en
ibed below:
(Notice of In
or Request fo
onditions (app
y the Conser
gree to allow
____
Date
____
Date
wn of Ba
vation C
230 South
nis Massach
E-mail: con
Property
__________
___________
___________
Parcel___
e been advis
1, Section 40
nservation C
er the outsid
sed work as d
arnstable Con
visit. Visits wil
sion and its ag
the Commiss
ation.
permission a
nter the outs
ntent or Requ
or Determinat
proval for No
rvation staff to
w inspection
___________
e signed
___________
e signed
arnstab
Commi
Street
husetts 0260
nservation@to
___________
____________
___________
_________
sed that unde
0) and the To
ommission,
e areas of th
described in
nservation Co
l occur during
gent to exam
sioner or its a
and I/we gra
side areas o
uest for Deter
tion; and
tice of Intent)
o confirm the
s as describ
________
________
ble
ission
01
own.barnstab
___________
___________
____________
er the provisio
own of Barns
its Agents o
he property fo
my/our applic
ommission. W
g daylight hou
ine said prop
agent may pro
ant permissi
of my/our pro
rmination) un
) to the comp
e completion
bed.
ble.ma.us
Form
_____
____
_____
ons of
stable
or its
or the
cation
Where
urs on
perty. I
oceed
on to
operty
ntil the
pletion
of the
m PA
Richard J. Tabaczynski, P.E., c/o Atlantic Design Engineers, Inc.
55 Hilliards Hayway, W. Barnstable, MA 02668
136 047
(508) 888-9282
3-18-24
APPENDIX H
Wetland Border Report – Goddard Consulting dated 2/26/24
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: February 26, 2024
RE: 55 Hillard’s Hay Way, West Barnstable
Per your request, Environmental Consulting & Restoration, LLC (ECR) performed a review of the existing
conditions at the property located at 55 Hillard’s Hay Way in West Barnstable (the site) on January 30,
2024. The purpose of the review was to identify wetland resource areas on and near the site. The site is
located at the south side of Hillard’s Hill Way and consists of a single-family home with a paved driveway,
deck, maintained lawn, landscaped areas, retaining walls, etc. The weather on January 30th was partly
sunny and cold (approximately 30 degrees) with windy and mostly dry site conditions.
Wetland resource areas are located on and near the site through the southern portion of the site, to the
rear of the existing home. The site immediately abuts the Scorton Creek Great Marsh system to the
south. ECR placed Salt Marsh (SM) flags (pink/black striped ribbons) #SM1 to #SM10 along the upper
limit of the Salt Marsh. The Salt Marsh was delineated in accordance with the definition established by the
Massachusetts Department of Environmental Protection (DEP) regulations found at 310 CMR 10.32
pertaining to Salt Marsh. The delineation was performed by analyzing the extent of the highest high tide
line characterized by plants that are well adapted to or prefer living in saltine soils. The Salt Marsh is
dominated by cord grasses (Spartina spp.) with areas of Common Reed (Phragmites spp.), some
Hightide Bush (Iva frutescens), etc.
Landward of the Salt Marsh are two narrow sections of Bordering Vegetated Wetlands (BVW). ECR
placed BVW flags (pink/black striped ribbons) #A1 to #A5 and #A6 to #A11 along the limits of the wetland
fringe landward of the Marsh. 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 wetlands contain hydric soils, saturated soils, and dominant wetland
indicator plants.
Lastly, the site is located within Land Subject to Coastal Storm Flowage (FEMA flood zone AE) and may
contain a Coastal Bank. Both the limit of the flood zone and the top of the Coastal Bank should be
determined by topographic survey. The presence or absence of a Coastal Bank should be determined in
accordance with DEP Policy 92-1 by examining the extent of the flood zone and the slope of the
landform.
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:
• Salt Marsh
• Bordering Vegetated Wetland
• 100-foot Buffer Zone to Salt Marsh & BVW
• Land Subject to Coastal Storm Flowage
• Coastal Bank and 100-foot Buffer Zone to be determined by topographic survey
P.O. Box 4012, Plymouth, Massachusetts 02361 617-529-3792 | www.ecrwetlands.com
Also review of the MassGIS wetlands database reveals the following:
1. The southern 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 mapped Certified Vernal Pools according to the MaNHESP.
3. The site does not contain a U.S.G.S. mapped stream.
4. The site is located within an Area of Critical Environmental Concern (Sandy Neck Barrier Beach
System ACEC).
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