HomeMy WebLinkAbout20240709 NOI PELLETIER 18 NELBERTH TERRACEWRS Engineering LLC
67 Stetson Street
Hyannis, MA 02601
508-776-0956 royokurowski@gmail.com
June 18th, 2024
By Hand Delivery Edwin Hoopes
Conservation Agent
Barnstable Conservation
(508)-862-4093
Re: Proposed reconstruction of revetment, jetty, platform, walkways
PELLETIER, ANTHONY F TRUST
18 NELBERTH TERRACE
HYANNIS, MA 02601
Map 325 Parcel 91
On behalf of our client, PELLETIER ANTHONY F TRUST, we are submitting 2 original and 7 copies of a proposed package for
your review, including a Notice of Intent application filing package and administrative checklist.
Please schedule this for the NEXT AVAILABLE public hearing. If you have any questions or require
additional information, please give our office a call. Thank you.
Sincerely,
WRS Engineering LLC
Roy E. Okurowski P.E.
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
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;
Massachusetts Department of Environmental Protection
eDEP Transaction Copy
Here is the file you requested for your records.
To retain a copy of this file you must save and/or print.
Username:
Transaction ID:
Document:
Size of File:
Status of Transaction:
Date and Time Created:
Note: This file only includes forms that were part of your
transaction as of the date and time indicated above. If you need
a more current copy of your transaction, return to eDEP and
select to “Download a Copy” from the Current Submittals page.
1740365
6/13/2024:10:33:55 AM
274.95K
WRSPERMITTING
WPA Form 3 - NOI
In Process
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:
A.General Information
1. Project Location:
a. Street Address 18 NELBERTH TERRACE
b. City/Town BARNSTABLE c. Zip Code 02601
d. Latitude 41.64374N e. Longitude 70.27398W
f. Map/Plat #329/091 g.Parcel/Lot #18
2. Applicant:
Individual Organization
a. First Name ANTHONY b.Last Name PELLETIER
c. Organization ANTHONY F PELLETIER 1994 TRUST
d. Mailing Address 18 NELBERTH TERRACE
e. City/Town HYANNIS f. State MA g. Zip Code 02601
h. Phone Number 5082376332 i. Fax j. Email CATBOATSURPRISE@GMAIL.COM
3.Property Owner:
more than one owner
a. First Name ANTHONY b. Last Name PELLETIER
c. Organization ANTHONY F PELLETIER 1994 TRUST
d. Mailing Address 67 STETSON ST
e. City/Town HYANNIS f.State MA g. Zip Code 02601
h. Phone Number 5087760956 i. Fax j.Email royokurowski@gmail.com
4.Representative:
a. First Name ROY b. Last Name E OKUROWSKI
c. Organization WRS ENGINEERING
d. Mailing Address 67 STETSON ST
e. City/Town HYANNIS f. State MA g. Zip Code 02601
h.Phone Number 5087760956 i.Fax j.Email royokurowski@gmail.com
5.Total WPA Fee Paid (Automatically inserted from NOI Wetland Fee Transmittal Form):
a.Total Fee Paid 800.00 b.State Fee Paid 387.50 c.City/Town Fee Paid 412.50
6.General Project Description:
RECONSTRUCTION AND REPLACEMENT OF LICENSED ROCK JETTY, CONCRETE RAMP, ROCK REVETMENT
PLATFORM WITH PILES AND NATIVE PLANTINGS
7a.Project Type:
1. Single Family Home 2. Residential Subdivision
3.Limited Project Driveway Crossing 4.Commercial/Industrial
5.Dock/Pier 6.Utilities
7.Coastal Engineering Structure 8.Agriculture (eg., cranberries, forestry)
9.Transportation 10.Other
7b.Is any portion of the proposed activity eligible to be treated as a 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:
2. Limited Project
8.Property recorded at the Registry of Deeds for:
a.County:b.Certificate:c.Book:d.Page:
BARNSTABLE 35397 131
B. Buffer Zone & Resource Area Impacts (temporary & permanent)
1.Buffer Zone & Resource Area Impacts (temporary & permanent):
This is a Buffer Zone only project 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)
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
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 any)
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)
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 0
1. square feet
2. cubic yards dredged
c.Barrier Beaches Indicate size under Coastal Beaches and/or Coatstal Dunes, below
d.Coastal Beaches 0
1. square feet 2. cubic yards beach nourishment
e.Coastal Dunes
1. square feet 2. cubic yards dune nourishment
f.Coastal Banks 0
1. linear feet
g.Rocky Intertidal Shores
1. square feet
h.Salt Marshes
1. square feet 2. sq ft restoration, rehab, crea.
i.Land Under Salt Ponds
1. square feet
2. cubic yards dredged
j.Land Containing Shellfish 0
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
0
1. square feet
4.Restoration/Enhancement
Restoration/Replacement
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 entered the additional amount here.
a. square feet of BVW b. square feet of Salt Marsh
5.Projects Involves Stream Crossings
Project Involves Streams Crossings
If the project involves Stream Crossings, please enter the number of new stream crossings/number of replacement stream crossings.
a. number of new stream crossings b. number of replacement stream crossings
C. Other Applicable Standards and Requirements
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 StateListed Rare Wetland Wildlife published by the Natural Heritage of Endangered Species program
(NHESP)?
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
b. Date of map:FROM MAP VIEWER
If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18)....
c. Submit Supplemental Information for Endangered Species Review * (Check boxes as they apply)
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 rightofway plan of site
3. Project plans for entire project site, including wetland resource areas and areas outside of wetland 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
c. MESA filing fee (fee information available at: http://www.mass.gov/eea/agencies/dfg/dfw/naturalheritage/regulatory
review/massendangeredspeciesactmesa/mesafeeschedule.html )
Make check payable to "Natural Heritage & Endangered Species Fund" 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
d. 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, http://www.mass.gov/eea/agencies/dfg/dfw/lawsregulations/cmr/321cmr1000massachusettsendangered
speciesact.html#10.14; 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 Number
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.
*Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review...
2.For coastal projects only, is any portion of the proposed project located below the mean high waterline or in a fish run?
a. Not applicable project is in inland resource area only
b.Yes No
If yes, include proof of mailing or hand delivery of NOI to either:
South Shore Cohasset to Rhode Island, and the Cape & Islands:
Division of Marine Fisheries
Southeast Marine Fisheries Station
Attn: Environmental Reviewer
836 S. Rodney French Blvd
New Bedford, MA 02744
North Shore Hull to New Hampshire:
Division of Marine Fisheries
North Shore Office
Attn: Environmental Reviewer
30 Emerson Avenue
Gloucester, MA 01930
If yes, it 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.
3.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 DEP Website for ACEC locations). Note:
electronic filers click on Website.
b. ACEC Name
4.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
5.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
6.Is this project subject to provisions of the MassDEP Stormwater Management Standards?
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, Explain why the project is exempt:
1.Single Family Home
2.Emergency Road Repair
3.Small Residential Subdivision (less than or equal to 4 singlefamily houses or less than or equal to 4 units in multifamily
housing project) with no discharge to Critical Areas.
D. Additional Information
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 by regular mail delivery.
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.
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.
a. Plan Title:b. Plan Prepared By:c. Plan Signed/Stamped By:c. Revised Final Date:e. Scale:
LOCUS MAP
18 NELBERTH
TERRACE
RECONSTRUCTION
OF STONE PIER,
PLATFORM,
SEAWALLS, AND
BOAT RAMP
ROY OKUROWSKI 04/24/24
EXISTING LICENSES
PROFF OF MAILING
TO DMF
FEE TRANSMITTAL
FORM
NARRATIVE
5.If there is more than one property owner, please attach a list of these property owners not listed on this form.
6.Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed.
7.Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed.
8.Attach NOI Wetland Fee Transmittal Form.
9.Attach Stormwater Report, if needed.
E. Fees
1.
Fee Exempt: No filing fee shall be assessed for projects of any city, town, county, or district of the Commonwealth, federally recognized Indian
tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority.
Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee Transmittal Form) to confirm fee payment:
2. Municipal Check Number 3. Check date
4. State Check Number 5. Check date
6. Payer name on check: First Name 7. Payer name on check: Last Name
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.
Anthony Pelletier 6/13/2024
1. Signature of Applicant 2. Date
Anthony Pelletier 6/13/2024
3. Signature of Property Owner(if different)4. Date
Roy E Okurowski 6/13/2024
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 Section C, Items 13, 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.
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 #:
eDEP Transaction #:1740365
City/Town:BARNSTABLE
Page 1 of 7 * ELECTRONIC COPY
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:
A.General Information1. Project Location:a. Street Address 18 NELBERTH TERRACEb. City/Town BARNSTABLE c. Zip Code 02601d. Latitude 41.64374N e. Longitude 70.27398Wf. Map/Plat #329/091 g.Parcel/Lot #182. Applicant:Individual Organizationa. First Name ANTHONY b.Last Name PELLETIERc. Organization ANTHONY F PELLETIER 1994 TRUSTd. Mailing Address 18 NELBERTH TERRACEe. City/Town HYANNIS f. State MA g. Zip Code 02601h. Phone Number 5082376332 i. Fax j. Email CATBOATSURPRISE@GMAIL.COM3.Property Owner:more than one ownera. First Name ANTHONY b. Last Name PELLETIERc. Organization ANTHONY F PELLETIER 1994 TRUSTd. Mailing Address 67 STETSON STe. City/Town HYANNIS f.State MA g. Zip Code 02601h. Phone Number 5087760956 i. Fax j.Email royokurowski@gmail.com4.Representative:a. First Name ROY b. Last Name E OKUROWSKIc. Organization WRS ENGINEERINGd. Mailing Address 67 STETSON STe. City/Town HYANNIS f. State MA g. Zip Code 02601h.Phone Number 5087760956 i.Fax j.Email royokurowski@gmail.com5.Total WPA Fee Paid (Automatically inserted from NOI Wetland Fee Transmittal Form):a.Total Fee Paid 800.00 b.State Fee Paid 387.50 c.City/Town Fee Paid 412.506.General Project Description:
RECONSTRUCTION AND REPLACEMENT OF LICENSED ROCK JETTY, CONCRETE RAMP, ROCK REVETMENT
PLATFORM WITH PILES AND NATIVE PLANTINGS
7a.Project Type:
1. Single Family Home 2. Residential Subdivision
3.Limited Project Driveway Crossing 4.Commercial/Industrial
5.Dock/Pier 6.Utilities
7.Coastal Engineering Structure 8.Agriculture (eg., cranberries, forestry)
9.Transportation 10.Other
7b.Is any portion of the proposed activity eligible to be treated as a 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:
2. Limited Project
8.Property recorded at the Registry of Deeds for:
a.County:b.Certificate:c.Book:d.Page:
BARNSTABLE 35397 131
B. Buffer Zone & Resource Area Impacts (temporary & permanent)
1.Buffer Zone & Resource Area Impacts (temporary & permanent):
This is a Buffer Zone only project 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)
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
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 any)
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)
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 0
1. square feet
2. cubic yards dredged
c.Barrier Beaches Indicate size under Coastal Beaches and/or Coatstal Dunes, below
d.Coastal Beaches 0
1. square feet 2. cubic yards beach nourishment
e.Coastal Dunes
1. square feet 2. cubic yards dune nourishment
f.Coastal Banks 0
1. linear feet
g.Rocky Intertidal Shores
1. square feet
h.Salt Marshes
1. square feet 2. sq ft restoration, rehab, crea.
i.Land Under Salt Ponds
1. square feet
2. cubic yards dredged
j.Land Containing Shellfish 0
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
0
1. square feet
4.Restoration/Enhancement
Restoration/Replacement
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 entered the additional amount here.
a. square feet of BVW b. square feet of Salt Marsh
5.Projects Involves Stream Crossings
Project Involves Streams Crossings
If the project involves Stream Crossings, please enter the number of new stream crossings/number of replacement stream crossings.
a. number of new stream crossings b. number of replacement stream crossings
C. Other Applicable Standards and Requirements
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 StateListed Rare Wetland Wildlife published by the Natural Heritage of Endangered Species program
(NHESP)?
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
b. Date of map:FROM MAP VIEWER
If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18)....
c. Submit Supplemental Information for Endangered Species Review * (Check boxes as they apply)
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 rightofway plan of site
3. Project plans for entire project site, including wetland resource areas and areas outside of wetland 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
c. MESA filing fee (fee information available at: http://www.mass.gov/eea/agencies/dfg/dfw/naturalheritage/regulatory
review/massendangeredspeciesactmesa/mesafeeschedule.html )
Make check payable to "Natural Heritage & Endangered Species Fund" 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
d. 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, http://www.mass.gov/eea/agencies/dfg/dfw/lawsregulations/cmr/321cmr1000massachusettsendangered
speciesact.html#10.14; 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 Number
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.
*Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review...
2.For coastal projects only, is any portion of the proposed project located below the mean high waterline or in a fish run?
a. Not applicable project is in inland resource area only
b.Yes No
If yes, include proof of mailing or hand delivery of NOI to either:
South Shore Cohasset to Rhode Island, and the Cape & Islands:
Division of Marine Fisheries
Southeast Marine Fisheries Station
Attn: Environmental Reviewer
836 S. Rodney French Blvd
New Bedford, MA 02744
North Shore Hull to New Hampshire:
Division of Marine Fisheries
North Shore Office
Attn: Environmental Reviewer
30 Emerson Avenue
Gloucester, MA 01930
If yes, it 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.
3.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 DEP Website for ACEC locations). Note:
electronic filers click on Website.
b. ACEC Name
4.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
5.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
6.Is this project subject to provisions of the MassDEP Stormwater Management Standards?
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, Explain why the project is exempt:
1.Single Family Home
2.Emergency Road Repair
3.Small Residential Subdivision (less than or equal to 4 singlefamily houses or less than or equal to 4 units in multifamily
housing project) with no discharge to Critical Areas.
D. Additional Information
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 by regular mail delivery.
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.
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.
a. Plan Title:b. Plan Prepared By:c. Plan Signed/Stamped By:c. Revised Final Date:e. Scale:
LOCUS MAP
18 NELBERTH
TERRACE
RECONSTRUCTION
OF STONE PIER,
PLATFORM,
SEAWALLS, AND
BOAT RAMP
ROY OKUROWSKI 04/24/24
EXISTING LICENSES
PROFF OF MAILING
TO DMF
FEE TRANSMITTAL
FORM
NARRATIVE
5.If there is more than one property owner, please attach a list of these property owners not listed on this form.
6.Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed.
7.Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed.
8.Attach NOI Wetland Fee Transmittal Form.
9.Attach Stormwater Report, if needed.
E. Fees
1.
Fee Exempt: No filing fee shall be assessed for projects of any city, town, county, or district of the Commonwealth, federally recognized Indian
tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority.
Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee Transmittal Form) to confirm fee payment:
2. Municipal Check Number 3. Check date
4. State Check Number 5. Check date
6. Payer name on check: First Name 7. Payer name on check: Last Name
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.
Anthony Pelletier 6/13/2024
1. Signature of Applicant 2. Date
Anthony Pelletier 6/13/2024
3. Signature of Property Owner(if different)4. Date
Roy E Okurowski 6/13/2024
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 Section C, Items 13, 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.
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 #:
eDEP Transaction #:1740365
City/Town:BARNSTABLE
Page 2 of 7 * ELECTRONIC COPY
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:
A.General Information1. Project Location:a. Street Address 18 NELBERTH TERRACEb. City/Town BARNSTABLE c. Zip Code 02601d. Latitude 41.64374N e. Longitude 70.27398Wf. Map/Plat #329/091 g.Parcel/Lot #182. Applicant:Individual Organizationa. First Name ANTHONY b.Last Name PELLETIERc. Organization ANTHONY F PELLETIER 1994 TRUSTd. Mailing Address 18 NELBERTH TERRACEe. City/Town HYANNIS f. State MA g. Zip Code 02601h. Phone Number 5082376332 i. Fax j. Email CATBOATSURPRISE@GMAIL.COM3.Property Owner:more than one ownera. First Name ANTHONY b. Last Name PELLETIERc. Organization ANTHONY F PELLETIER 1994 TRUSTd. Mailing Address 67 STETSON STe. City/Town HYANNIS f.State MA g. Zip Code 02601h. Phone Number 5087760956 i. Fax j.Email royokurowski@gmail.com4.Representative:a. First Name ROY b. Last Name E OKUROWSKIc. Organization WRS ENGINEERINGd. Mailing Address 67 STETSON STe. City/Town HYANNIS f. State MA g. Zip Code 02601h.Phone Number 5087760956 i.Fax j.Email royokurowski@gmail.com5.Total WPA Fee Paid (Automatically inserted from NOI Wetland Fee Transmittal Form):a.Total Fee Paid 800.00 b.State Fee Paid 387.50 c.City/Town Fee Paid 412.506.General Project Description:RECONSTRUCTION AND REPLACEMENT OF LICENSED ROCK JETTY, CONCRETE RAMP, ROCK REVETMENTPLATFORM WITH PILES AND NATIVE PLANTINGS7a.Project Type:1. Single Family Home 2. Residential Subdivision3.Limited Project Driveway Crossing 4.Commercial/Industrial5.Dock/Pier 6.Utilities7.Coastal Engineering Structure 8.Agriculture (eg., cranberries, forestry)9.Transportation 10.Other7b.Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 (coastal) or 310CMR 10.53 (inland)?1.Yes No If yes, describe which limited project applies to this project:2. Limited Project8.Property recorded at the Registry of Deeds for:a.County:b.Certificate:c.Book:d.Page:BARNSTABLE 35397 131B. Buffer Zone & Resource Area Impacts (temporary & permanent)1.Buffer Zone & Resource Area Impacts (temporary & permanent):This is a Buffer Zone only project 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)Resource Area Size of Proposed Alteration Proposed Replacement (if any)a.Bank 1. linear feet 2. linear feetb.Bordering Vegetated Wetland 1. square feet 2. square feetc.Land under Waterbodies and Waterways 1. Square feet 2. square feet3. cubic yards dredgedd.Bordering Land Subject to Flooding 1. square feet 2. square feet3. cubic feet of flood storage lost 4. cubic feet replacede.Isolated Land Subject to Flooding 1. square feet2. cubic feet of flood storage lost 3. cubic feet replacedf.Riverfront Area 1. Name of Waterway (if any)
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)
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 0
1. square feet
2. cubic yards dredged
c.Barrier Beaches Indicate size under Coastal Beaches and/or Coatstal Dunes, below
d.Coastal Beaches 0
1. square feet 2. cubic yards beach nourishment
e.Coastal Dunes
1. square feet 2. cubic yards dune nourishment
f.Coastal Banks 0
1. linear feet
g.Rocky Intertidal Shores
1. square feet
h.Salt Marshes
1. square feet 2. sq ft restoration, rehab, crea.
i.Land Under Salt Ponds
1. square feet
2. cubic yards dredged
j.Land Containing Shellfish 0
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
0
1. square feet
4.Restoration/Enhancement
Restoration/Replacement
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 entered the additional amount here.
a. square feet of BVW b. square feet of Salt Marsh
5.Projects Involves Stream Crossings
Project Involves Streams Crossings
If the project involves Stream Crossings, please enter the number of new stream crossings/number of replacement stream crossings.
a. number of new stream crossings b. number of replacement stream crossings
C. Other Applicable Standards and Requirements
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 StateListed Rare Wetland Wildlife published by the Natural Heritage of Endangered Species program
(NHESP)?
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
b. Date of map:FROM MAP VIEWER
If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18)....
c. Submit Supplemental Information for Endangered Species Review * (Check boxes as they apply)
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 rightofway plan of site
3. Project plans for entire project site, including wetland resource areas and areas outside of wetland 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
c. MESA filing fee (fee information available at: http://www.mass.gov/eea/agencies/dfg/dfw/naturalheritage/regulatory
review/massendangeredspeciesactmesa/mesafeeschedule.html )
Make check payable to "Natural Heritage & Endangered Species Fund" 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
d. 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, http://www.mass.gov/eea/agencies/dfg/dfw/lawsregulations/cmr/321cmr1000massachusettsendangered
speciesact.html#10.14; 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 Number
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.
*Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review...
2.For coastal projects only, is any portion of the proposed project located below the mean high waterline or in a fish run?
a. Not applicable project is in inland resource area only
b.Yes No
If yes, include proof of mailing or hand delivery of NOI to either:
South Shore Cohasset to Rhode Island, and the Cape & Islands:
Division of Marine Fisheries
Southeast Marine Fisheries Station
Attn: Environmental Reviewer
836 S. Rodney French Blvd
New Bedford, MA 02744
North Shore Hull to New Hampshire:
Division of Marine Fisheries
North Shore Office
Attn: Environmental Reviewer
30 Emerson Avenue
Gloucester, MA 01930
If yes, it 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.
3.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 DEP Website for ACEC locations). Note:
electronic filers click on Website.
b. ACEC Name
4.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
5.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
6.Is this project subject to provisions of the MassDEP Stormwater Management Standards?
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, Explain why the project is exempt:
1.Single Family Home
2.Emergency Road Repair
3.Small Residential Subdivision (less than or equal to 4 singlefamily houses or less than or equal to 4 units in multifamily
housing project) with no discharge to Critical Areas.
D. Additional Information
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 by regular mail delivery.
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.
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.
a. Plan Title:b. Plan Prepared By:c. Plan Signed/Stamped By:c. Revised Final Date:e. Scale:
LOCUS MAP
18 NELBERTH
TERRACE
RECONSTRUCTION
OF STONE PIER,
PLATFORM,
SEAWALLS, AND
BOAT RAMP
ROY OKUROWSKI 04/24/24
EXISTING LICENSES
PROFF OF MAILING
TO DMF
FEE TRANSMITTAL
FORM
NARRATIVE
5.If there is more than one property owner, please attach a list of these property owners not listed on this form.
6.Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed.
7.Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed.
8.Attach NOI Wetland Fee Transmittal Form.
9.Attach Stormwater Report, if needed.
E. Fees
1.
Fee Exempt: No filing fee shall be assessed for projects of any city, town, county, or district of the Commonwealth, federally recognized Indian
tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority.
Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee Transmittal Form) to confirm fee payment:
2. Municipal Check Number 3. Check date
4. State Check Number 5. Check date
6. Payer name on check: First Name 7. Payer name on check: Last Name
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.
Anthony Pelletier 6/13/2024
1. Signature of Applicant 2. Date
Anthony Pelletier 6/13/2024
3. Signature of Property Owner(if different)4. Date
Roy E Okurowski 6/13/2024
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 Section C, Items 13, 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.
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 #:
eDEP Transaction #:1740365
City/Town:BARNSTABLE
Page 3 of 7 * ELECTRONIC COPY
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:
A.General Information1. Project Location:a. Street Address 18 NELBERTH TERRACEb. City/Town BARNSTABLE c. Zip Code 02601d. Latitude 41.64374N e. Longitude 70.27398Wf. Map/Plat #329/091 g.Parcel/Lot #182. Applicant:Individual Organizationa. First Name ANTHONY b.Last Name PELLETIERc. Organization ANTHONY F PELLETIER 1994 TRUSTd. Mailing Address 18 NELBERTH TERRACEe. City/Town HYANNIS f. State MA g. Zip Code 02601h. Phone Number 5082376332 i. Fax j. Email CATBOATSURPRISE@GMAIL.COM3.Property Owner:more than one ownera. First Name ANTHONY b. Last Name PELLETIERc. Organization ANTHONY F PELLETIER 1994 TRUSTd. Mailing Address 67 STETSON STe. City/Town HYANNIS f.State MA g. Zip Code 02601h. Phone Number 5087760956 i. Fax j.Email royokurowski@gmail.com4.Representative:a. First Name ROY b. Last Name E OKUROWSKIc. Organization WRS ENGINEERINGd. Mailing Address 67 STETSON STe. City/Town HYANNIS f. State MA g. Zip Code 02601h.Phone Number 5087760956 i.Fax j.Email royokurowski@gmail.com5.Total WPA Fee Paid (Automatically inserted from NOI Wetland Fee Transmittal Form):a.Total Fee Paid 800.00 b.State Fee Paid 387.50 c.City/Town Fee Paid 412.506.General Project Description:RECONSTRUCTION AND REPLACEMENT OF LICENSED ROCK JETTY, CONCRETE RAMP, ROCK REVETMENTPLATFORM WITH PILES AND NATIVE PLANTINGS7a.Project Type:1. Single Family Home 2. Residential Subdivision3.Limited Project Driveway Crossing 4.Commercial/Industrial5.Dock/Pier 6.Utilities7.Coastal Engineering Structure 8.Agriculture (eg., cranberries, forestry)9.Transportation 10.Other7b.Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 (coastal) or 310CMR 10.53 (inland)?1.Yes No If yes, describe which limited project applies to this project:2. Limited Project8.Property recorded at the Registry of Deeds for:a.County:b.Certificate:c.Book:d.Page:BARNSTABLE 35397 131B. Buffer Zone & Resource Area Impacts (temporary & permanent)1.Buffer Zone & Resource Area Impacts (temporary & permanent):This is a Buffer Zone only project 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)Resource Area Size of Proposed Alteration Proposed Replacement (if any)a.Bank 1. linear feet 2. linear feetb.Bordering Vegetated Wetland 1. square feet 2. square feetc.Land under Waterbodies and Waterways 1. Square feet 2. square feet3. cubic yards dredgedd.Bordering Land Subject to Flooding 1. square feet 2. square feet3. cubic feet of flood storage lost 4. cubic feet replacede.Isolated Land Subject to Flooding 1. square feet2. cubic feet of flood storage lost 3. cubic feet replacedf.Riverfront Area 1. Name of Waterway (if any)2. Width of Riverfront Area (check one)25 ft. Designated Densely Developed Areas only100 ft. New agricultural projects only200 ft. All other projects3. Total area of Riverfront Area on the site of the proposed project square feet4. 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 No6. Was the lot where the activity is proposed created prior to August 1, 1996?Yes No3.Coastal Resource Areas: (See 310 CMR 10.25 10.35)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 01. square feet2. cubic yards dredgedc.Barrier Beaches Indicate size under Coastal Beaches and/or Coatstal Dunes, belowd.Coastal Beaches 01. square feet 2. cubic yards beach nourishmente.Coastal Dunes 1. square feet 2. cubic yards dune nourishmentf.Coastal Banks 01. linear feetg.Rocky Intertidal Shores 1. square feeth.Salt Marshes 1. square feet 2. sq ft restoration, rehab, crea.i.Land Under Salt Ponds 1. square feet2. cubic yards dredgedj.Land Containing Shellfish 01. square feetk.Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland LandUnder Waterbodies and Waterways, above1. cubic yards dredgedl.Land Subject to Coastal
Storm Flowage
0
1. square feet
4.Restoration/Enhancement
Restoration/Replacement
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 entered the additional amount here.
a. square feet of BVW b. square feet of Salt Marsh
5.Projects Involves Stream Crossings
Project Involves Streams Crossings
If the project involves Stream Crossings, please enter the number of new stream crossings/number of replacement stream crossings.
a. number of new stream crossings b. number of replacement stream crossings
C. Other Applicable Standards and Requirements
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 StateListed Rare Wetland Wildlife published by the Natural Heritage of Endangered Species program
(NHESP)?
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
b. Date of map:FROM MAP VIEWER
If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18)....
c. Submit Supplemental Information for Endangered Species Review * (Check boxes as they apply)
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 rightofway plan of site
3. Project plans for entire project site, including wetland resource areas and areas outside of wetland 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
c. MESA filing fee (fee information available at: http://www.mass.gov/eea/agencies/dfg/dfw/naturalheritage/regulatory
review/massendangeredspeciesactmesa/mesafeeschedule.html )
Make check payable to "Natural Heritage & Endangered Species Fund" 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
d. 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, http://www.mass.gov/eea/agencies/dfg/dfw/lawsregulations/cmr/321cmr1000massachusettsendangered
speciesact.html#10.14; 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 Number
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.
*Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review...
2.For coastal projects only, is any portion of the proposed project located below the mean high waterline or in a fish run?
a. Not applicable project is in inland resource area only
b.Yes No
If yes, include proof of mailing or hand delivery of NOI to either:
South Shore Cohasset to Rhode Island, and the Cape & Islands:
Division of Marine Fisheries
Southeast Marine Fisheries Station
Attn: Environmental Reviewer
836 S. Rodney French Blvd
New Bedford, MA 02744
North Shore Hull to New Hampshire:
Division of Marine Fisheries
North Shore Office
Attn: Environmental Reviewer
30 Emerson Avenue
Gloucester, MA 01930
If yes, it 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.
3.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 DEP Website for ACEC locations). Note:
electronic filers click on Website.
b. ACEC Name
4.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
5.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
6.Is this project subject to provisions of the MassDEP Stormwater Management Standards?
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, Explain why the project is exempt:
1.Single Family Home
2.Emergency Road Repair
3.Small Residential Subdivision (less than or equal to 4 singlefamily houses or less than or equal to 4 units in multifamily
housing project) with no discharge to Critical Areas.
D. Additional Information
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 by regular mail delivery.
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.
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.
a. Plan Title:b. Plan Prepared By:c. Plan Signed/Stamped By:c. Revised Final Date:e. Scale:
LOCUS MAP
18 NELBERTH
TERRACE
RECONSTRUCTION
OF STONE PIER,
PLATFORM,
SEAWALLS, AND
BOAT RAMP
ROY OKUROWSKI 04/24/24
EXISTING LICENSES
PROFF OF MAILING
TO DMF
FEE TRANSMITTAL
FORM
NARRATIVE
5.If there is more than one property owner, please attach a list of these property owners not listed on this form.
6.Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed.
7.Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed.
8.Attach NOI Wetland Fee Transmittal Form.
9.Attach Stormwater Report, if needed.
E. Fees
1.
Fee Exempt: No filing fee shall be assessed for projects of any city, town, county, or district of the Commonwealth, federally recognized Indian
tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority.
Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee Transmittal Form) to confirm fee payment:
2. Municipal Check Number 3. Check date
4. State Check Number 5. Check date
6. Payer name on check: First Name 7. Payer name on check: Last Name
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.
Anthony Pelletier 6/13/2024
1. Signature of Applicant 2. Date
Anthony Pelletier 6/13/2024
3. Signature of Property Owner(if different)4. Date
Roy E Okurowski 6/13/2024
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 Section C, Items 13, 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.
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 #:
eDEP Transaction #:1740365
City/Town:BARNSTABLE
Page 4 of 7 * ELECTRONIC COPY
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:
A.General Information1. Project Location:a. Street Address 18 NELBERTH TERRACEb. City/Town BARNSTABLE c. Zip Code 02601d. Latitude 41.64374N e. Longitude 70.27398Wf. Map/Plat #329/091 g.Parcel/Lot #182. Applicant:Individual Organizationa. First Name ANTHONY b.Last Name PELLETIERc. Organization ANTHONY F PELLETIER 1994 TRUSTd. Mailing Address 18 NELBERTH TERRACEe. City/Town HYANNIS f. State MA g. Zip Code 02601h. Phone Number 5082376332 i. Fax j. Email CATBOATSURPRISE@GMAIL.COM3.Property Owner:more than one ownera. First Name ANTHONY b. Last Name PELLETIERc. Organization ANTHONY F PELLETIER 1994 TRUSTd. Mailing Address 67 STETSON STe. City/Town HYANNIS f.State MA g. Zip Code 02601h. Phone Number 5087760956 i. Fax j.Email royokurowski@gmail.com4.Representative:a. First Name ROY b. Last Name E OKUROWSKIc. Organization WRS ENGINEERINGd. Mailing Address 67 STETSON STe. City/Town HYANNIS f. State MA g. Zip Code 02601h.Phone Number 5087760956 i.Fax j.Email royokurowski@gmail.com5.Total WPA Fee Paid (Automatically inserted from NOI Wetland Fee Transmittal Form):a.Total Fee Paid 800.00 b.State Fee Paid 387.50 c.City/Town Fee Paid 412.506.General Project Description:RECONSTRUCTION AND REPLACEMENT OF LICENSED ROCK JETTY, CONCRETE RAMP, ROCK REVETMENTPLATFORM WITH PILES AND NATIVE PLANTINGS7a.Project Type:1. Single Family Home 2. Residential Subdivision3.Limited Project Driveway Crossing 4.Commercial/Industrial5.Dock/Pier 6.Utilities7.Coastal Engineering Structure 8.Agriculture (eg., cranberries, forestry)9.Transportation 10.Other7b.Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 (coastal) or 310CMR 10.53 (inland)?1.Yes No If yes, describe which limited project applies to this project:2. Limited Project8.Property recorded at the Registry of Deeds for:a.County:b.Certificate:c.Book:d.Page:BARNSTABLE 35397 131B. Buffer Zone & Resource Area Impacts (temporary & permanent)1.Buffer Zone & Resource Area Impacts (temporary & permanent):This is a Buffer Zone only project 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)Resource Area Size of Proposed Alteration Proposed Replacement (if any)a.Bank 1. linear feet 2. linear feetb.Bordering Vegetated Wetland 1. square feet 2. square feetc.Land under Waterbodies and Waterways 1. Square feet 2. square feet3. cubic yards dredgedd.Bordering Land Subject to Flooding 1. square feet 2. square feet3. cubic feet of flood storage lost 4. cubic feet replacede.Isolated Land Subject to Flooding 1. square feet2. cubic feet of flood storage lost 3. cubic feet replacedf.Riverfront Area 1. Name of Waterway (if any)2. Width of Riverfront Area (check one)25 ft. Designated Densely Developed Areas only100 ft. New agricultural projects only200 ft. All other projects3. Total area of Riverfront Area on the site of the proposed project square feet4. 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 No6. Was the lot where the activity is proposed created prior to August 1, 1996?Yes No3.Coastal Resource Areas: (See 310 CMR 10.25 10.35)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 01. square feet2. cubic yards dredgedc.Barrier Beaches Indicate size under Coastal Beaches and/or Coatstal Dunes, belowd.Coastal Beaches 01. square feet 2. cubic yards beach nourishmente.Coastal Dunes 1. square feet 2. cubic yards dune nourishmentf.Coastal Banks 01. linear feetg.Rocky Intertidal Shores 1. square feeth.Salt Marshes 1. square feet 2. sq ft restoration, rehab, crea.i.Land Under Salt Ponds 1. square feet2. cubic yards dredgedj.Land Containing Shellfish 01. square feetk.Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland LandUnder Waterbodies and Waterways, above1. cubic yards dredgedl.Land Subject to CoastalStorm Flowage 01. square feet4.Restoration/Enhancement Restoration/ReplacementIf the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has beenentered in Section B.2.b or B.3.h above, please entered the additional amount here.a. square feet of BVW b. square feet of Salt Marsh5.Projects Involves Stream Crossings Project Involves Streams CrossingsIf the project involves Stream Crossings, please enter the number of new stream crossings/number of replacement stream crossings.a. number of new stream crossings b. number of replacement stream crossingsC. Other Applicable Standards and RequirementsStreamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review1.Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recentEstimated Habitat Map of StateListed Rare Wetland Wildlife published by the Natural Heritage of Endangered Species program(NHESP)?a.Yes NoIf yes, include proof of mailing or hand delivery of NOI to:Natural Heritage and Endangered SpeciesProgramDivision of Fisheries and Wildlife1 Rabbit Hill RoadWestborough, MA 01581b. Date of map:FROM MAP VIEWERIf yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18)....c. Submit Supplemental Information for Endangered Species Review * (Check boxes as they apply)1. Percentage/acreage of property to be altered:(a) within Wetland Resource Area percentage/acreage(b) outside Resource Area percentage/acreage2. Assessor's Map or rightofway plan of site3. Project plans for entire project site, including wetland resource areas and areas outside of wetland jurisdiction, showingexisting 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 sitec. MESA filing fee (fee information available at: http://www.mass.gov/eea/agencies/dfg/dfw/naturalheritage/regulatoryreview/massendangeredspeciesactmesa/mesafeeschedule.html )Make check payable to "Natural Heritage & Endangered Species Fund" and mail to NHESP at above addressProjects altering 10 or more acres of land, also submit:d.Vegetation cover type map of site
e.Project plans showing Priority & Estimated Habitat boundaries
d. 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, http://www.mass.gov/eea/agencies/dfg/dfw/lawsregulations/cmr/321cmr1000massachusettsendangered
speciesact.html#10.14; 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 Number
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.
*Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review...
2.For coastal projects only, is any portion of the proposed project located below the mean high waterline or in a fish run?
a. Not applicable project is in inland resource area only
b.Yes No
If yes, include proof of mailing or hand delivery of NOI to either:
South Shore Cohasset to Rhode Island, and the Cape & Islands:
Division of Marine Fisheries
Southeast Marine Fisheries Station
Attn: Environmental Reviewer
836 S. Rodney French Blvd
New Bedford, MA 02744
North Shore Hull to New Hampshire:
Division of Marine Fisheries
North Shore Office
Attn: Environmental Reviewer
30 Emerson Avenue
Gloucester, MA 01930
If yes, it 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.
3.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 DEP Website for ACEC locations). Note:
electronic filers click on Website.
b. ACEC Name
4.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
5.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
6.Is this project subject to provisions of the MassDEP Stormwater Management Standards?
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, Explain why the project is exempt:
1.Single Family Home
2.Emergency Road Repair
3.Small Residential Subdivision (less than or equal to 4 singlefamily houses or less than or equal to 4 units in multifamily
housing project) with no discharge to Critical Areas.
D. Additional Information
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 by regular mail delivery.
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.
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.
a. Plan Title:b. Plan Prepared By:c. Plan Signed/Stamped By:c. Revised Final Date:e. Scale:
LOCUS MAP
18 NELBERTH
TERRACE
RECONSTRUCTION
OF STONE PIER,
PLATFORM,
SEAWALLS, AND
BOAT RAMP
ROY OKUROWSKI 04/24/24
EXISTING LICENSES
PROFF OF MAILING
TO DMF
FEE TRANSMITTAL
FORM
NARRATIVE
5.If there is more than one property owner, please attach a list of these property owners not listed on this form.
6.Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed.
7.Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed.
8.Attach NOI Wetland Fee Transmittal Form.
9.Attach Stormwater Report, if needed.
E. Fees
1.
Fee Exempt: No filing fee shall be assessed for projects of any city, town, county, or district of the Commonwealth, federally recognized Indian
tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority.
Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee Transmittal Form) to confirm fee payment:
2. Municipal Check Number 3. Check date
4. State Check Number 5. Check date
6. Payer name on check: First Name 7. Payer name on check: Last Name
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.
Anthony Pelletier 6/13/2024
1. Signature of Applicant 2. Date
Anthony Pelletier 6/13/2024
3. Signature of Property Owner(if different)4. Date
Roy E Okurowski 6/13/2024
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 Section C, Items 13, 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.
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 #:
eDEP Transaction #:1740365
City/Town:BARNSTABLE
Page 5 of 7 * ELECTRONIC COPY
a.Yes, Attach a copy of the Stormwater Report as required by the Stormwater Management Standards per 310 CMR10.05(6)(k)(q) and check if:A.General Information1. Project Location:a. Street Address 18 NELBERTH TERRACEb. City/Town BARNSTABLE c. Zip Code 02601d. Latitude 41.64374N e. Longitude 70.27398Wf. Map/Plat #329/091 g.Parcel/Lot #182. Applicant:Individual Organizationa. First Name ANTHONY b.Last Name PELLETIERc. Organization ANTHONY F PELLETIER 1994 TRUSTd. Mailing Address 18 NELBERTH TERRACEe. City/Town HYANNIS f. State MA g. Zip Code 02601h. Phone Number 5082376332 i. Fax j. Email CATBOATSURPRISE@GMAIL.COM3.Property Owner:more than one ownera. First Name ANTHONY b. Last Name PELLETIERc. Organization ANTHONY F PELLETIER 1994 TRUSTd. Mailing Address 67 STETSON STe. City/Town HYANNIS f.State MA g. Zip Code 02601h. Phone Number 5087760956 i. Fax j.Email royokurowski@gmail.com4.Representative:a. First Name ROY b. Last Name E OKUROWSKIc. Organization WRS ENGINEERINGd. Mailing Address 67 STETSON STe. City/Town HYANNIS f. State MA g. Zip Code 02601h.Phone Number 5087760956 i.Fax j.Email royokurowski@gmail.com5.Total WPA Fee Paid (Automatically inserted from NOI Wetland Fee Transmittal Form):a.Total Fee Paid 800.00 b.State Fee Paid 387.50 c.City/Town Fee Paid 412.506.General Project Description:RECONSTRUCTION AND REPLACEMENT OF LICENSED ROCK JETTY, CONCRETE RAMP, ROCK REVETMENTPLATFORM WITH PILES AND NATIVE PLANTINGS7a.Project Type:1. Single Family Home 2. Residential Subdivision3.Limited Project Driveway Crossing 4.Commercial/Industrial5.Dock/Pier 6.Utilities7.Coastal Engineering Structure 8.Agriculture (eg., cranberries, forestry)9.Transportation 10.Other7b.Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 (coastal) or 310CMR 10.53 (inland)?1.Yes No If yes, describe which limited project applies to this project:2. Limited Project8.Property recorded at the Registry of Deeds for:a.County:b.Certificate:c.Book:d.Page:BARNSTABLE 35397 131B. Buffer Zone & Resource Area Impacts (temporary & permanent)1.Buffer Zone & Resource Area Impacts (temporary & permanent):This is a Buffer Zone only project 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)Resource Area Size of Proposed Alteration Proposed Replacement (if any)a.Bank 1. linear feet 2. linear feetb.Bordering Vegetated Wetland 1. square feet 2. square feetc.Land under Waterbodies and Waterways 1. Square feet 2. square feet3. cubic yards dredgedd.Bordering Land Subject to Flooding 1. square feet 2. square feet3. cubic feet of flood storage lost 4. cubic feet replacede.Isolated Land Subject to Flooding 1. square feet2. cubic feet of flood storage lost 3. cubic feet replacedf.Riverfront Area 1. Name of Waterway (if any)2. Width of Riverfront Area (check one)25 ft. Designated Densely Developed Areas only100 ft. New agricultural projects only200 ft. All other projects3. Total area of Riverfront Area on the site of the proposed project square feet4. 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 No6. Was the lot where the activity is proposed created prior to August 1, 1996?Yes No3.Coastal Resource Areas: (See 310 CMR 10.25 10.35)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 01. square feet2. cubic yards dredgedc.Barrier Beaches Indicate size under Coastal Beaches and/or Coatstal Dunes, belowd.Coastal Beaches 01. square feet 2. cubic yards beach nourishmente.Coastal Dunes 1. square feet 2. cubic yards dune nourishmentf.Coastal Banks 01. linear feetg.Rocky Intertidal Shores 1. square feeth.Salt Marshes 1. square feet 2. sq ft restoration, rehab, crea.i.Land Under Salt Ponds 1. square feet2. cubic yards dredgedj.Land Containing Shellfish 01. square feetk.Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland LandUnder Waterbodies and Waterways, above1. cubic yards dredgedl.Land Subject to CoastalStorm Flowage 01. square feet4.Restoration/Enhancement Restoration/ReplacementIf the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has beenentered in Section B.2.b or B.3.h above, please entered the additional amount here.a. square feet of BVW b. square feet of Salt Marsh5.Projects Involves Stream Crossings Project Involves Streams CrossingsIf the project involves Stream Crossings, please enter the number of new stream crossings/number of replacement stream crossings.a. number of new stream crossings b. number of replacement stream crossingsC. Other Applicable Standards and RequirementsStreamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review1.Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recentEstimated Habitat Map of StateListed Rare Wetland Wildlife published by the Natural Heritage of Endangered Species program(NHESP)?a.Yes NoIf yes, include proof of mailing or hand delivery of NOI to:Natural Heritage and Endangered SpeciesProgramDivision of Fisheries and Wildlife1 Rabbit Hill RoadWestborough, MA 01581b. Date of map:FROM MAP VIEWERIf yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18)....c. Submit Supplemental Information for Endangered Species Review * (Check boxes as they apply)1. Percentage/acreage of property to be altered:(a) within Wetland Resource Area percentage/acreage(b) outside Resource Area percentage/acreage2. Assessor's Map or rightofway plan of site3. Project plans for entire project site, including wetland resource areas and areas outside of wetland jurisdiction, showingexisting 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 sitec. MESA filing fee (fee information available at: http://www.mass.gov/eea/agencies/dfg/dfw/naturalheritage/regulatoryreview/massendangeredspeciesactmesa/mesafeeschedule.html )Make check payable to "Natural Heritage & Endangered Species Fund" and mail to NHESP at above addressProjects altering 10 or more acres of land, also submit:d.Vegetation cover type map of sitee.Project plans showing Priority & Estimated Habitat boundariesd. OR Check One of the following1. Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321CMR 10.14, http://www.mass.gov/eea/agencies/dfg/dfw/lawsregulations/cmr/321cmr1000massachusettsendangeredspeciesact.html#10.14; the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR10.37 and 10.59.)2. Separate MESA review ongoing.a. NHESP Tracking Numberb. Date submitted to NHESP3.Separate MESA review completed.Include copy of NHESP "no Take" determination or valid Conservation & Management Permit with approved plan.*Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review...2.For coastal projects only, is any portion of the proposed project located below the mean high waterline or in a fish run?a. Not applicable project is in inland resource area onlyb.Yes NoIf yes, include proof of mailing or hand delivery of NOI to either:South Shore Cohasset to Rhode Island, and the Cape & Islands:Division of Marine Fisheries Southeast Marine Fisheries StationAttn: Environmental Reviewer836 S. Rodney French Blvd New Bedford, MA 02744 North Shore Hull to New Hampshire:Division of Marine Fisheries North Shore OfficeAttn: Environmental Reviewer30 Emerson AvenueGloucester, MA 01930If yes, it 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.3.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 WPAForm 3 or DEP Website for ACEC locations). Note:electronic filers click on Website.b. ACEC Name4.Is any portion of the proposed project within an area designated as an Outstanding Resource Water (ORW) as designated in theMassachusetts Surface Water Quality Standards, 314 CMR 4.00?a.Yes No5.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 No6.Is this project subject to provisions of the MassDEP Stormwater Management Standards?1.Applying for Low Impact Development (LID) site design credits (as described in Stormwater Management HandbookVol.2, Chapter 3)
2.A portion of the site constitutes redevelopment
3.Proprietary BMPs are included in the Stormwater Management System
b.No, Explain why the project is exempt:
1.Single Family Home
2.Emergency Road Repair
3.Small Residential Subdivision (less than or equal to 4 singlefamily houses or less than or equal to 4 units in multifamily
housing project) with no discharge to Critical Areas.
D. Additional Information
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 by regular mail delivery.
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.
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.
a. Plan Title:b. Plan Prepared By:c. Plan Signed/Stamped By:c. Revised Final Date:e. Scale:
LOCUS MAP
18 NELBERTH
TERRACE
RECONSTRUCTION
OF STONE PIER,
PLATFORM,
SEAWALLS, AND
BOAT RAMP
ROY OKUROWSKI 04/24/24
EXISTING LICENSES
PROFF OF MAILING
TO DMF
FEE TRANSMITTAL
FORM
NARRATIVE
5.If there is more than one property owner, please attach a list of these property owners not listed on this form.
6.Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed.
7.Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed.
8.Attach NOI Wetland Fee Transmittal Form.
9.Attach Stormwater Report, if needed.
E. Fees
1.
Fee Exempt: No filing fee shall be assessed for projects of any city, town, county, or district of the Commonwealth, federally recognized Indian
tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority.
Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee Transmittal Form) to confirm fee payment:
2. Municipal Check Number 3. Check date
4. State Check Number 5. Check date
6. Payer name on check: First Name 7. Payer name on check: Last Name
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.
Anthony Pelletier 6/13/2024
1. Signature of Applicant 2. Date
Anthony Pelletier 6/13/2024
3. Signature of Property Owner(if different)4. Date
Roy E Okurowski 6/13/2024
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 Section C, Items 13, 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.
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 #:
eDEP Transaction #:1740365
City/Town:BARNSTABLE
Page 6 of 7 * ELECTRONIC COPY
A. Applicant Information
1. Applicant:
a. First Name ANTHONY b.Last Name PELLETIER
c. Organization ANTHONY F PELLETIER 1994 TRUST
d. Mailing Address 18 NELBERTH TERRACE
e. City/Town HYANNIS f. State MA g. Zip Code 02601
h. Phone Number 5082376332 i. Fax j. Email CATBOATSURPRISE@GMAIL.COM
2.Property Owner:(if different)
a. First Name ANTHONY b. Last Name PELLETIER
c. Organization ANTHONY F PELLETIER 1994 TRUST
d. Mailing Address 67 STETSON ST
e. City/Town HYANNIS f.State MA g. Zip Code 02601
h. Phone Number 5087760956 i. Fax j.Email royokurowski@gmail.com
3. Project Location:
a. Street Address 18 NELBERTH TERRACE b. City/Town BARNSTABLE
Are you exempted from Fee?
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.) WORK ON DOCKS, PIERS, REVETMENTS,
DIKES, ETC. (COASTAL OR INLAND).200 4.00 800.00
City/Town share of filling fee
$412.50
State share of filing fee
$387.50
Total Project Fee
$800.00
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 #:1740365
City/Town:BARNSTABLE
Page 1 of 1 * ELECTRONIC COPY
1
d
Proposed reconstruction of revetment, jetty, platform, walkway,
NOTICE OF
INTENT FILING
Filing Date: 051024
18 Nelberth Terrace
Hyannis, MA
Prepared by: WRS
Engineering
PELLETIER, ANTHONY F TR
18 Nelberth Terrace
2
Table of Contents
1. eDEP online filing application including original owner signature
2. Town of Barnstable Administrative Checklist for NOI
3. Existing and Proposed Conditions narrative
4. Construction Sequence narrative (equipment, staging locations, etc.)
5. Alternatives Analysis narrative
7. Performance standard narrative (310 CMR 10.00 and Town of Barnstable Wetland Bylaw
8. Mesa Map
9. Additional information (research, deeds, tax assessors card, maps)
10. Existing License and Plan
11. Shellfish Survey (not required for reconstruction)
12. Other town forms
13. Certified mail receipts
14. Copies of checks
15. 1 original and 7 copies of Notice of Intent Plan
16. Certified abutters list and Notice to Abutters
18 Nelberth Terrace
3
Property Description
The property is located on the West side of Lewis Bay at the approach to Hyannis Harbor, MA; a
tidal bay on Nantucket sound. The project site is approximately 1 mile inland from Nantucket
Sound. The property is located on a peninsula directly adjacent to the main channel South and
East and subject to wind and waves from all Easterly directions. The waterfront consists of a
licensed jetty, revetment, platform, boat ramp, ramp, and floats. The waterfront is subject to boat
wakes from the Ferry and waves of up to 2’ from the East, and South East. Due to the jetty
sinking over time, and approximately 1’ of sea level rise the groin constructed to protect the
docks goes completely underwater at extreme high tides and storm events. The area upland of
MHW is a coastal beach and bank with grass lawn and natural areas. The Coastal Bank consists
of a rock revetment and scarps and is shown on the project plans.
The site consists of an existing single family dwelling and patio on the South side. There is an
existing grass strip on the North side of the house that may be the primary access. Based on
the latest MORIS maps, the scope of this project is noy located within NHESP jurisdiction for
estimated or rare wildlife (see below).
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4
Project Description
Project Description
This Notice of Intent filing proposes the re-construction of a licensed jetty, revetment, boat ramp
platform on the revetment with native plantings to replace dilapidated concrete areas that extends
100’ from the mapped Mean High Water Line. The existing licensed structures will be
reconstructed in the same footprint so a new NOI and Ch91 License is being requested. The main
reason for the project is to bring the elevation of the groin up 3’ as its being overtopped a lot
more frequently and the floats are being damaged on a yearly basis. The dilapidated concrete
walkway down the groin will be replaced with a new wood walkway and platform to service the
floats via the existing ramp. The revetment needs to be reworked as the stones are falling out of
it and its also being eroded due to the lack of fabric behind the rocks. The size of the platform is
being reduced and the piles will be replaced that hold up the platform. The equipment anticipated
for the project will be a small barge with a crane and an impact or vibratory hammer that will be
utilized to drive the piles and or do all the rock work. Additionally, the project may be rebuilt from
land with a larger excavator that will access the property from the North side of the house. The
barge will be used at high tide as to not ground out at low tides.
18 Nelberth Terrace
5
High Storm Tide Winter 2024
18 Nelberth Terrace
6
Waves breaking over jetty winter 2024
18 Nelberth Terrace
7
Resource Area Determination
The project site is located in Lewis Bay which flows to and from Nantucket Sound. Mean High
Water and Mean Low Water elevations were obtained from survey utilizing an rtk gps and
referencing the conversions from NAVD88 in the project area. Please note that previous licenses
reference MLW as the project datum while this filing references NAVD88 vertical datum
(conversion provided in plans). The further you travel upstream, the more impact the river bottom,
land restrictions, etc. impact the flow of water and reduce tidal flow except in storm events. Since
the proposed project property is located relatively close to the tide gage its easy to verify the
MLW,MHW,HTL.
The project has a coastal bank determined by elevation and slope with reference to the FEMA
Flood Requirements. The coastal beach, Land under ocean, land containing shellfish, LSCSF are
all identified on the plan. WE are not in the National Heritage mapped areas as verified on Mass
Mapper.
Performance Standards
The project proposes the construction of a pile supported platform, rock jetty & rock revetment
that extends from the top of the existing coastal bank to land under ocean as shown on the project
plans. The areas directly affected by the project are coastal bank, LSCSF, area containing shellfish,
and land under ocean. The project as proposed will not have any adverse effects to the
surrounding resource areas which include the areas listed above.310 CMR 10, sections 10.21
through 10.37. The work proposed in this area consists of removing some old piles and stone
and driving new piles to support the pier and reconstructing existing rock structures. The area
consists of the coastal beach, land containing shellfish, land under ocean, and LCCSF. The
construction is located in the footprint of the existing structures. Therefore, the project as
proposed can be permitted under 310 CMR 10.30 (6) through (8).
Land Containing shellfish – A portion of the work is temporary and is within land containing
shellfish. The disturbance to the area consists of removing stones by excavation and building a
more substantial toe for the jetty and revetment. The disturbance to the area from the construction
effort is expected to be minimal and will not adversely affect any shellfish long term. The project
will not change what is relative to the bottom substrate, and therefore have no significant impact
to the following interests: alterations of water circulation, alterations in the distribution of sediment
grain size, alterations from natural drainage from adjacent land, or changes in water quality. This
includes but is not limited to, fluctuations in level of salinity, dissolved oxygen, nutrients,
temperature and turbidity, or the addition of pollutants. Therefore, the project as proposed will
not have any significant adverse impacts to the coastal beach can be permitted under 310 CMR
10.34 (4) through (7).
18 Nelberth Terrace
8
Alternatives Analysis for dock
The proposed work consists of re-constructing of a pre-existing jetty, ramp, revetment, and decks.
The project as proposed project occupies the same licensed footprint as the existing structures as
such, the following analysis is offered to describe the available options for this project.
OPTION 1: Do Nothing – If nothing is constructed the water dependent use of the property will
be lost as revetment continues to sink and break apart subjecting the floats to storm tides and
waves breaking them apart. The same goes for the rock revetment which will fail to protect the
property in the future. There fore this is not a viable alternative.
OPTION 2: Reconstruct jetty at the existing height. Due to sea level rise and the increase in storms
the existing jetty no longer acts as designed. Therefore, this is not a viable alternative.
OPTION 3: Reconstruct the previously licensed jetty, ramp, revetment, and decks as shown in the
project plans. The reworked revetment, and higher jetty will update the authorized water
dependent structures so they can continue to be used. This will be a 1 time activity that will have
the least impact on the resource areas, Therefore this is the preferred option. As part of the
project we feel that it is appropriate to mitigate the work by contributing to the propagation of
shellfish seed or other requested mitigation. We will be happy to contribute the amount suggested
by shellfish or conservation.
CONSTRUCTION PROTOCOL
Water based Construction Protocol
The proposed work shall be performed with the minimum amount of equipment required to obtain
the project objectives. The staging area for materials will be from a working barge and the upland
property. All equipment shall be stored on the barge or away from the resource areas when not
in use. When the equipment is not being utilized the barge shall not come in contact the adjacent
marsh at any time and shall not be allowed to bottom out.
Construction Protocol
The proposed work shall be performed in the following manner. The existing jetty will be excavated
in sections and rebuilt using the materials shown in the project plans in the same footprint as the
existing structure. All old materials from the deck will be removed and disposed of. The revetment
will be reconstructed in a similar manor making sure that all old concrete is disposed of offsite.
18 Nelberth Terrace
9
Any disturbance to the ocean bottom or bank will be restored to pre-existing conditions after the
toe stones are placed.
Pre-Construction Meeting
Prior to construction, a pre-construction meeting shall be held on-site with the Contractor,
Property Owner, Conservation Commission and/or agent, and the Project Manager (WRS
Engineering LLC). The purpose of the meeting is to clearly delineate the limits of work and access,
as well as the staging area. The Contractor will describe the proposed means and methods for
performing the work within the requirements of the plans, order of conditions and construction
protocol. The Contractor will comply with mitigation measures as established by the Conservation
Commission.
To be discussed at this meeting:
Existing property conditions, necessary precautions to be taken by the Contractor;
Means and methods for construction;
Necessary post-construction reparations and conditions;
Procedure for post-construction inspection;
WRS Engineering’s responsibilities for inspection and project coordination
During Construction, the site shall be accessible for inspection during reasonable hours by all
parties, members of the conservation commission and their agents, and the Project Manager.
Post-construction meeting
Upon completion of construction, but prior to equipment being removed from the site, a post-
construction meeting shall be held on-site with the Contractor, Property Owner, Conservation
Commission and/or agent, and the Project Manager (WRS Engineering). The purpose of this
meeting is to determine that the project has been satisfactorily completed in accordance with all
permits, and that no additional work or mitigation is required by the Contractor.
Restoration of project area
Upon completion of construction any and all areas disturbed by the construction effort shall be
returned as much as practical to their pre-construction conditions to the satisfaction of the
property owner and conservation agent. All disturbed marsh or vegetated areas shall be re-
vegetated with indigenous or grass vegetation to match pre-construction conditions for the
surrounding areas, or as determined during the pre-construction meeting.
events. Since the proposed project property is located relatively far to the mouth of the river, the
existing tidal elevations from the charts can be used along with vegetation changes.
support system that extends from the existing coastal bank to the float as shown on the project plans.
The areas directly affected by the project are salt marsh, coastal bank, LSCSF, area containing
shellfish, and land under ocean. The project as proposed will not have any adverse effects to the
surrounding resource areas which include the areas listed above.310 CMR 10, sections 10.21 through
10.37. The work proposed in this area consists of removing and driving some piles to support the
dock. The area consists of the coastal beach, land containing shellfish, land under ocean, and salt
marsh. The construction is located in the footprint of the existing dock. Therefore, the project as
proposed can be permitted under 310 CMR 10.30 (6) through (8).
18 Nelberth Terrace
10
Salt Marsh – Both t shown on the project plans. A minimum number of proposed 3 pilings will be
driven around the salt marsh. The new height of the dock is the required minimum over the marsh,
with 3/4 deck board spacing as to not prohibit sunlight from reaching the marsh. Therefore, the
project as proposed can be permitted under 310 CMR 10.32 (5).
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11
Land Containing shellfish – A portion of the dock is within land containing shellfish. The disturbance
to the area
Low tide jetty & ramp
18 Nelberth Terrace
12
Coastal Beach to West
Coastal Beach and Bank to West
18 Nelberth Terrace
13
Dilapidated concrete walkway
Main project items to be reconstructed
18 Nelberth Terrace
14
Ramp to be repaired and revetment to be reconstructed
Concrete to be removed and replaced with native planting strip
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)
WRS Engineering LLC
67 Stetson Street
Hyannis, MA 02601
508-776-0956 royokurowski@gmail.com
June 18, 2024
By Hand Delivery
Barnstable Conservation Commission
C/O Edwin Hoopes
200 Main Street, Hyannis, MA 02601
Re: Pelletier, Anthony F Trust Notice of Intent application
Shellfish Survey Results
Proposed reconstruction of revetment, jetty, platform, walkways
18 Nelberth Terrace
Hyannis, MA 02601
Map 325 Parcel 91
Dear Commissioners,
In accordance with Chapter 703 “Private Docks and Piers” section 703-3(6-7) Filing protocols, please refer to the
following for the Shellfish survey results. The regulations require the following:
(6) A shellfish survey, including an analysis of shellfish habitat suitability, and substrate sediment analysis. The
minimum area surveyed shall include a 50-foot radius from the proposed project. The actual samples shall
represent no less than 0.5% of this area.
(7) The shellfish survey report shall include as a minimum:
(a) The resume of the person(s) conducting the survey, including their qualifications for conducting such a
survey;
(b) The date, time of day and tidal conditions at the time of the survey;
(c) A narrative explaining the methodology and equipment utilized, location and number of
transects/quadrants utilized, results obtained, observations and conclusions.
Shellfish Report and Survey Methodology
On June 12, 2024, John Lowell conducted a shellfish survey at the subject site. The survey methodology was
consistent with standard practices throughout Barnstable and Cape Cod and other municipalities in southeastern
Massachusetts. The survey consisted of sampling transects parallel and perpendicular to the shoreline and
proposed site improvements.
The site contains an old stone revetment and a narrow sandy beach to MLW. There is an existing wooden dock on
top of a rock jetty extending east out towards the channel. There is an existing ramp and float with pilings on site.
There are a few oysters and some rock weed noted on the rocks below MLW. A heavy tidal flush occurs in this
area. We encountered some knobby and channel whelks during the course of the survey. There are some oysters
in between MLW and MHW. A few very large quahogs were sampled along the north side of the stone jetty.
No eelgrass was present on this site.
66 approx. 3’X3’ sampling plots were established at 10’ increments along the jetty to the 120’ mark. A second area
was sampled laterally northward along the beach for 60’ from MHW to 20’ eastward towards the channel. A
standard quahog rake lined with ½” mesh was used for all sampling plots. Please see below for a map and results
of the survey.
According to MassMapper’s most recent data for Shellfish Suitability Areas the species for this location are Soft-
shell clam, Bay Scallop, Quahog and American Oyster. However, that area is only designated to the south of the
subject site and not within the proposed scope of work for this project. The green area is designated as an
approved “Shellfish Growing Area” only. Eelgrass and other subaquatic vegetation was not discovered nor was it
shown as mapped habitat on the MassMapper’s website.
We also believe that pier pilings promote growth of shellfish and other organisms. According to “A Review of
Habitat Impacts from Residential Docks and Recommended Best Management Practices with an Emphasis on
Northeastern United States” latest revision and accepted September 9, 2021 a publication by John Logan, Alex
Boeri, Jill Carr, Tay Evans, Eileen Feeney, Kate Frew, Forest Schenck and Kathryn Ford they talk about a wide range
of impacts and advantages of piers and floats. In this publication the authors specify “Piles benefit some fish
species by providing structure and increased foraging habitat…” and “Fish abundance was higher in pile-fields and
wrecks than open-water habitat in the Hudson River estuary due to the increased prevalence of structure-seeking
species like the mummichog, bay anchovy, naked goby, American eel and norther pipefish…” Related to shellfish,
the authors also mention the following “Piles displace existing habitat for infaunal invertebrates (clams, polychaete
worms) but can increase habitat for a variety of epifaunal invertebrates (e.g. mussels, oysters, barnacles) by
providing surface area for settlement and attachment. Piles in a Florida lagoon supported a variety of filter-
feeding invertebrates that collectively provided approximately 30% of the filtration capacity of oyster reefs in the
system.” Please note that the displaced habitat will immediately find new areas for growth and/or shelter.
Please refer to attached report for survey results and credentials/experience of Mr. John Lowell. Thank you
Sincerely,
WRS Engineering LLC
Roy E. Okurowski P.E., C.H.
Enclosed: Shellfish Survey and Results from John Lowell, dated 6/12/24
Typical large quahog clam found