HomeMy WebLinkAboutChapter-707--NOI-Submission-Checklist
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
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.
05/13/2024
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;
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 day of 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
13 May 2024
Michael J. Borselli, Falmouth Engineering, Inc.
Raymond Martin
Michael J. Borselli 508.495.1225
508.954.0075