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Home My WebLink About20240625 RDA Hayden 19 Ocean View Avenuewpaform1.doc • rev. //2023 WPA Form 1 – Request for Determination of Applicability • Page 1 of 3 Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Municipality A.General Information Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. 1. Applicant: First Name Last Name Address City/Town State Zip Code Phone Number Email Address 2. Property Owner (if different from Applicant): First Name Last Name Address City/Town State Zip Code Phone Number Email Address (if known) 3. Representative (if any) First Name Last Name Company Name Address City/Town State Zip Code Phone Number Email Address (if known) B. Project Description 1. a. Project Location (use maps and plans to identify the location of the area subject to this request): Street Address City/Town How to find Latitude and Longitude Latitude (Decimal Degree Format with 5 digits after decimal e.g. XX.XXXXX) Longitude (Decimal Degree Format with 5 digits after decimal e.g. XX.XXXXX) and how to convert to decimal degrees Assessors’ Map Number Assessors’ Lot/Parcel Number b. Area Description (use additional paper, if necessary): c. Plan and/or Map Reference(s): (use additional paper if necessary) Title Date Title Date wpaform1.doc • rev. 4/28/2023 WPA Form 1 – Request for Determination of Applicability • Page 2 of 3 Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Municipality B.Project Description (cont.) 2.a. Activity/Work Description (use additional paper and/or provide plan(s) of Activity, if necessary): b.Identify provisions of the Wetlands Protection Act or regulations which may exempt the applicant from having to file a Notice of Intent for all or part of the described work (use additional paper, if necessary). 3.a. If this application is a Request for Determination of Scope of Alternatives for work in the Riverfront Area, indicate the one classification below that best describes the project. Single family house on a lot recorded on or before 8/1/96 Single family house on a lot recorded after 8/1/96 Expansion of an existing structure on a lot recorded after 8/1/96 Project, other than a single-family house or public project, where the applicant owned the lot before 8/7/96 New agriculture or aquaculture project Public project where funds were appropriated prior to 8/7/96 Project on a lot shown on an approved, definitive subdivision plan where there is a recorded deed restriction limiting total alteration of the Riverfront Area for the entire subdivision Residential subdivision; institutional, industrial, or commercial project Municipal project District, county, state, or federal government project Project required to evaluate off-site alternatives in more than one municipality in an Environmental Impact Report under MEPA or in an alternatives analysis pursuant to an application for a 404 permit from the U.S. Army Corps of Engineers or 401 Water Quality Certification from the Department of Environmental Protection. b.Provide evidence (e.g., record of date subdivision lot was recorded) supporting the classification above (use additional paper and/or attach appropriate documents, if necessary.) Trees pose an immediate hazard to structures (house/barn) and are in poor health. wpaform1.doc • rev. 4/28/2023 WPA Form 1 – Request for Determination of Applicability • Page 3 of 3 Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Municipality C.Determinations 1.I request the Conservation Commission make the following determination(s). Check any that apply: a. whether the area depicted on plan(s) and/or map(s) referenced above is an area subject to jurisdiction of the Wetlands Protection Act. b. whether the boundaries of resource area(s) depicted on plan(s) and/or map(s) referenced above are accurately delineated. c.whether the Activities depicted on plan(s) referenced above is subject to the Wetlands Protection Act and its regulations. d. whether the area and/or Activities depicted on plan(s) referenced above is subject to the jurisdiction of any municipal wetlands’ ordinance or bylaw of: Name of Municipality e. whether the following scope of alternatives is adequate for Activities in the Riverfront Area as depicted on referenced plan(s). D.Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Request for Determination of Applicability and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I further certify that the property owner, if different from the applicant, and the appropriate DEP Regional Office were sent a complete copy of this Request (including all appropriate documentation) simultaneously with the submittal of this Request to the Conservation Commission. Failure by the applicant to send copies in a timely manner may result in dismissal of the Request for Determination of Applicability. Signatures: I also understand that notification of this Request will be placed in a local newspaper at my expense in accordance with Section 10.05(3)(b)(1) of the Wetlands Protection Act regulations. Signature of Applicant Date Signature of Representative (if any) Date Adopted Mar Property o 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 owner’s name ’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 e(s): _______ 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 Robert F. Hayden IV Jessica H. Petrush 19 Ocean View Avenue, Cotuit, MA 034 041 202-378-6920 6/5/2024 6/5/2024 3 1 1. Poplar - 7 trunks, split unions, 4 trunks over barn2. Poplar - 2 trunks split and rotting union3.Oak - overhanging barn4.Norway Maple - split and rotted, roots forming mid tree5. Cedar - too close to structure 2 4 5 MAP #1 - SITE PLAN 321451. Poplar - 7 trunks, split unions, 4 trunks over barn2. Poplar - 2 trunks split and rotting union3. Oak - overhanging barn4. Norway Maple - split and rotted, roots forming mid tree5. Cedar - too close to structure 6/5/2024 MAP #2 - ASSESSORS MAP MAP #3 - LOCUS MAP JSK TREE CARE June 6, 2024 Robert Hayden 19 Oceanview Cotuit, MA 02635 RE: Request for Tree Removal at 19 Ocean View Avenue, Cotuit, MA Dear conservation commission members, I am writing to request permission to remove two poplar trees and one oak tree located behind the barn at R. Hayden's property at 19 Ocean View Avenue, Cotuit, MA. The first poplar (1), located off the southeast corner, consists of seven trunks. I recommend that all seven be removed. Four are over the barn and pose an immediate danger to the structure and once removed the remaining three would no longer be structurally supported as the base is split. As well, rot would take over the stump and the remaining tree would ultimately fail. The second poplar (2), located middle and east of the barn, consists of two trunks that have a splitting union to the ground that is rotting. The oak tree (3), located on 7 Ocean View Avenue off northeast corner of the barn, is unhealthy and many branches are over the barn. The number of branches over the barn require the entire tree be removed as there would not be enough of the tree remaining to support healthy future growth. I am requesting this removal due to safety concerns. The trees have been inspected and we have identified specific dangers, e.g., splitting unions, decay, cracks. These issues have made the trees a hazard to the property and surrounding areas. The owner's insurance company has also identified these trees as hazardous to the structures. Also, there are two trees that may or may not be in Conservation Commission jurisdiction, a Norway Maple (4) that has multiple defects that could potentially cause damage in the future and we believe removal is the appropriate step, and a Cedar tree (5) that is too close to the house and powerlines. Thank you for your time and consideration. Sincerely, Shay Kuntz, ISA Certified Arborist P.O. Box 425 W. Falmouth, MA 02574 774-228-3917 jsktreecare.com Conservation Request for Determination (RDA) Abutter List for Subject Parcels , 034041, 034040 Property owners actually touching on the subject parcel upon which work is proposed. Parcel ID Owner 1 Owner 2 Address Line 1 Address Line 2 City State Zip 034039 SANCHEZ, VIVIAN TR D&D COTUIT REALTY TRUST C/O THOMAS MONTESION 71 COMMERCIAL STREET #314 BOSTON 02109MA 034040 KSR VENTURES LLC 1985 COWPER STREET PALO ALTO 94301CA 034041 HAYDEN, ROBERT F IV 60 CHEOH ROAD COTUIT 02635MA 034075 EGAN, PAMELA C TR PAMELA C EGAN REALTY TRUST 7 COUNTRY WAY HOPKINTON 01748MA 034076 EGAN, JOHN R & PAMELA C TRS COTUIT REALTY TRUST 7 COUNTRY WAY HOPKINTON 01748MA 034077 HAYDEN, ROBERT F IV 60 CHEOH ROAD COTUIT 02635MA 6/6/2024 11:21 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. 1,260.00 Conservation Request for Determination (RDA) Abutter Map for Subject Parcels , 034041, 034040 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 actually touching on 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. 53 Town of Barnstable GIS Unit 105 6/6/2024 gis@town.barnstable.ma.us Printed on: 0 ft.105 Subject Parcel Abutters ft. 1 inch = approx. Parcels Town Boundary Railroad Tracks Buildings Approx. Building Buildings Painted Lines Parking Lots Paved Unpaved Driveways Paved Unpaved Roads Paved Road Unpaved Road Bridge Paved Median Streams Marsh Water Bodies C/O THOMAS MONTESION 71 COMMERCIAL STREET #314 034039 SANCHEZ, VIVIAN TR D&D COTUIT REALTY TRUST BOSTON, MA 02109 Property ID: PALO ALTO, CA 94301 034040 KSR VENTURES LLC 1985 COWPER STREET Property ID: COTUIT, MA 02635 034041 HAYDEN, ROBERT F IV 60 CHEOH ROAD Property ID: 7 COUNTRY WAY HOPKINTON, MA 01748 034075 EGAN, PAMELA C TR PAMELA C EGAN REALTY TRUST Property ID: 7 COUNTRY WAY HOPKINTON, MA 01748 034076 EGAN, JOHN R & PAMELA C TRS COTUIT REALTY TRUST Property ID: COTUIT, MA 02635 034077 HAYDEN, ROBERT F IV 60 CHEOH ROAD Property ID: Q\Regulations\FinalChapter710, Revised March 2022 REQUEST FOR DETERMINATION OF APPLICABILITY ABUTTER NOTIFICATION LETTER DATE: ___/____ /_____ RE: Upcoming Barnstable Conservation Commission Public Hearing To Whom It May Concern, As an immediate abutter of a proposed project, please be advised that a Request for Determination of Applicability 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 in advance of the meeting for details. DATE: ______/ _______ / ______ TIME: ______________________ NOTE: Plans and application describing the proposed project are on file with the Conservation Commission (508-862-4093) Robert F. Hayden IV 19 Ocean View Avenue Cotuit, MA 02635 2024 034 041 06 Removal of trees threatening structures. 07 Trees are marked and located next to the house, next to the driveway, and behind the barn - all are apparent from the driveway of 19 Ocean View Avenue.