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Home My WebLink About20241001 RDA Duffy 41 Stoney Point Rd939 main street rte 6a yarmouth port mass 02675 down cape engineering, inc civil engineers & land surveyors TRANSMITTAL September 16, 2024 FROM: Heather Cornell hcornell@downcape.com Barnstable Conservation RE: 41 Stoney Point Road, Barnstable tel. (508) 362-4541 fax (508) 362-9880 Request for Determination of Applicability DCE#24-072 Duffy METHOD OF DELIVERY: Email In person drop off Please find enclosed documents to support a Request for Determination of Applicability at 41 Stoney Point Road in Barnstable, including: • WPA Form 1 • Project narrative • Environmental Assessment • Permission to Access • Site Plan • USGS locus map • Abutter list & map • Abutter notice • Directions to site • 9 Packets of above • Filing fee of $175 CC: File Important: When filling out forms on the computer, use only the tab key to move your cursor -do not use the return key. ~ ~ How to find Latitude and Longitude and how to convert to decimal degrees Massachusetts Department of Environmental Protection Bureau of Water Resources -Wetlands WPA Form 1-Request for Determination of Applicability BARNSTABLE Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Municipality A. General Information 1. Applicant: BRIAN P First Name PO BOX 368 Address CUMMAQUID City/Town Phone Number 2. Property Owner (if different from Applicant): SAME First Name Address City/Town Phone Number 3. Representative (if any) DANIELA First Name DOWN CAPE ENGINEERING, INC Company Name 939 ROUTE6A Address YARMOUTHPORT City/Town 508-362-4541 Phone Number B. Project Description DUFFY Last Name MA 02637 State Zip Code Email Address Last Name State Zip Code Email Address (if known) OJALA PE PLS Last Name MA 02675 State Zip Code INFO@DOWNCAPE.COM Email Address (if known) 1. a. Project Location (use maps and plans to identify the location of the area subject to this request): 41 STONEY POINT ROAD BARNSTABLE Street Address 41.70280 City/Town -70.27629 Latitude (Decimal Degrees Format with 5 digits after decimal e.g. XX.XXXXX) Longitude (Decimal Degrees Format with 5 digits after decimal e.g. -XX.XXXXX) 336 41 Assessors' Map Number Assessors' Lot/Parcel Number b. Area Description (use additional paper, if necessary): Area of single family dwellings c. Plan and/or Map Reference(s): (use additional paper if necessary) Title 5 Site Plan of 41 Stoney Point Road Barnstable, MA Title Title 9-4-24 Date Date wpaform1 .doc• rev. 4/28/2023 WPA Form 1 -Request for Determination of Applicability • Page 1 of 3 Massachusetts Department of Environmental Protection Bureau of Water Resources -Wetlands WPA Form 1-Request for Determination of Applicability BARNSTABLE Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Municipality B. Project Description (cont.) 2. a. Activity/Work Description (use additional paper and/or provide plan(s) of Activity, if necessary): Proposed septic system up grade and construction of an attached deck. b. Identify provisions of the Wetlands Protection Act or regulations which may exempt the applicant from having to file a Notice of Intent for all or part of the described work (use additional paper, if necessary). None of the proposed work will adversely impact the resource areas. 3. a. If this application is a Request for Determination of Scope of Alternatives for work in the Riverfront Area, indicate the one classification below that best describes the project. D Single family house on a lot recorded on or before 8/1/96 D Single family house on a lot recorded after 8/1/96 D Expansion of an existing structure on a lot recorded after 8/1/96 D Project, other than a single-family house or public project, where the applicant owned the lot before 8/7 /96 D New agriculture or aquaculture project D Public project where funds were appropriated prior to 8/7/96 D Project on a lot shown on an approved, definitive subdivision plan where there is a recorded deed restriction limiting total alteration of the Riverfront Area for the entire subdivision D Residential subdivision; institutional, industrial, or commercial project D Municipal project D District, county, state, or federal government project D Project required to evaluate off-site alternatives in more than one municipality in an Environmental Impact Report under MEPA or in an alternatives analysis pursuant to an application for a 404 permit from the U.S. Army Corps of Engineers or 401 Water Quality Certification from the Department of Environmental Protection. b. Provide evidence (e.g., record of date subdivision lot was recorded) supporting the classification above (use additional paper and/or attach appropriate documents, if necessary.) wpaform1 .doc• rev. 4/28/2023 WPA Form 1 -Request for Determination of Applicability• Page 2 of 3 ~ Massachusetts Department of Environmental Protection Bureau of Water Resources -Wetlands WPA Form 1-Request for Determination of Applicability BARNSTABLE Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Municipality C. Determinations 1. I request the BARNSTABLE Conservation Commission make the following determination(s). Check any that apply: D a. whether the area depicted on plan(s) and/or map(s) referenced above is an area subject to jurisdiction of the Wetlands Protection Act. D b. whether the boundaries of resource area(s) depicted on plan(s) and/or map(s) referenced above are accurately delineated. Iii c. whether the Activities depicted on plan(s) referenced above is subject to the Wetlands Protection Act and its regulations. Iii d. whether the area and/or Activities depicted on plan(s) referenced above is subject to the jurisdiction of any municipal wetlands' ordinance or bylaw of: BARNSTABLE Name of Municipality D e. whether the following scope of alternatives is adequate for Activities in the Riverfront Area as depicted on referenced plan(s). D. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Request for Determination of Applicability and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I further certify that the property owner, if different from the applicant, and the appropriate DEP Regional Office were sent a complete copy of this Request (including all appropriate documentation) simultaneously with the submittal of this Request to the ConseNation Commission. Failure by the applicant to send copies in a timely manner may result in dismissal of the Request for Determination of Applicability. Signatures: I also understand that notification of this Request will be placed in a local newspaper at my expense in accordance with Section 10.05(3)(b)(1) of the Wetlands Protection Act regulations. Date Signature of Representative (if any) "1::>~""'e\-A-o~w P~y,v, . Date wpaform1 .doc • rev. 4/28/2023 WPA Form 1 -Request for Determination of Applicability • Page 3 of 3 Massachusetts Department of Environmental Protection Bureau of Water Resources -Wetlands WPA Form 1-Request for Determination of Applicability BARNSTABLE Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Municipality C. Determinations 1. I request the BARN ST ABLE Conservation Commission make the following determlnation(s). Check any that apply: D a. whether the area depicted on plan(s) and/or map(s) referenced above is an area subject to jurisdiction of the Wetlands Protection Act. D b. whether the boundaries of resource area(s) depicted on plan(s) and/or map(s) referenced above are accurately delineated. Iii c. whether the Activities depicted on plan(s) referenced above is subject to the Wetlands Protection Act and its regulations. Ii] d. whether the area and/or Activities depicted on plan(s) referenced above is subject to the jurisdiction of any municipal wetlands' ordinance or bylaw of: BARNSTABLE Name of Municipality 0 e. whether the following scope of alternatives is adequate for Activities in the Riverfront Area as depicted on referenced plan(s). D. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Request for Determination of Applicability and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I further certify that the property owner, if different from the applicant, and the appropriate DEP Regional Office were sent a complete copy of this Request (including all appropriate documentation) simultaneously with the submittal of this Request to the Conservation Commission. Failure by the applicant to send copies in a timely manner may result in dismissal of the Request for Determination of Applicability. Signatures: ation of this Request will be placed in a local newspaper at my expense 0.05 )(1) oft -e Wetlands Protection Act regulations. ~~~..:_y------Dat?ep-fem ber h/ 2b::Z 9 Signature of Representative (If any) Date wpaform1 .doc• rev. 4/28/2023 WPA Fonn 1 -Request for Detormlnatlon of Applicablllly • Page 3 of 3 Project Narrative REQUEST FOR DETERMINATION OF APPLICABILITY 41 Stoney Point Road, Barnstable The applicant is pleased to submit a Request for Determination of Applicability application for the construction of a deck addition and septic system upgrade. The 105,900 s.f. property is bordered to the southwest and east by BVWs. No work will take place within Priority/Estimated Habitat of endangered species. Work Proposed within Resource Area Existing single-family dwelling. Proposing to construct a deck addition and new septic system. All proposed work will be located outside the 50' buffer to the resource areas. 215 s.f. of the proposed 298 s.f. deck is within the 50'-100' buffer and will be 83.3' to the BVW at its closest point. The proposed leaching field will be installed further away from the BVW than existing with the edge of the soil absorption system 58.7' away from the BVW at its closest point. The bottom of the proposed leaching field will be 5' above the adjusted high groundwater. The leaching field will be pressure dosed for added environmental protection. A filing with The Board of Health is expected for proposed setback variances. Bordering Vegetated Wetland The Bordering Vegetated Wetland was flagged by Independent Environmental Consultants. on 3/27/2024 and located by Down Cape Engineering. No adverse effects from the work are expected, as the work limit line shall remain staked in place downgradient of all proposed work until all work is complete and the site is stabilized. The BVW will continue to act fully in its capacity to provide habitat and food sources for wildlife. All construction staging will take place within the existing driveway area. A small backhoe and dump truck will be used to help construct the proposed deck and septic system. March 27, 2024 Heather Vermette INDEPENDENT ENVIRONMENTAL CONSULTANTS, INC. 162 West Long Pond Road, Plymouth, MA 02360 508-27 4-0310 Down Cape Engineering, Inc. 939 Main Street Yarmouth port, MA 02675 Re: 41 Stoney Point Road. Barnstable, MA Ms. Vermette, This letter is an environmental assessment report concerning the above mentioned residential property located at 41 Stoney Point Road in Barnstable. The property contains an existing residential house, septic system, and driveway connecting to Stoney Point Road. Independent Environmental Consultants, Inc. (IEC) conducted a site inspection and evaluation of the property on 3-27-24 to delineate the boundary of wetland resource areas located within the property. This site inspection occurred at the beginning of the Spring season, with high groundwater conditions. There is a bordering vegetated wetland (wooded swamp) located to the south, west, and north of the existing house. The BVW wetland is located within an area of reduced topography. The BVW wetland contains greater than 50% wetland vegetation, hydric soils, saturated soils, high groundwater elevations, and pooling areas within the wooded swamp. Existing vegetation within the wooded swamp is dense. I EC has delineated the edge of wetlands with the flags A 1 -A9, and B1 -B9. The BVW wetland continues off property. There is a 50' buffer zone and a 100' buffer zone associated with the boundary of wetlands. There is another wetland located off property on the other side of Stoney Point Road. The subject wetland resource areas and wetland buffer zones are under the jurisdiction of the Barnstable Conservation Commission and DEP. Paul J. Shea, PWS President Town of Barnstable Conservation Commission 230 South Street Hyannis Massachusetts 02601 Form PA Office: 508-862-4093 E-mail: conservation@town.bamstable.ma.us Permission to Access Property Property owner's name(s): _B_R_IA_N_P_D_U_F_F_Y ________________ _ Applicant's (Representative's) Name(s) DANIEL A OJALA PE, PLS, DOWN CAPE ENGINEERING Project street address 41 STONEY POINT ROAD1 BARNSTABLE Barnstable Assessor's Map & Parcel: Map 336 ParceI_4_1 __ _ Applicant's Contact Phone Number: ,, )C)~ b 8;.5 943".3 ACCESS TO PROPERTY PERMISSION As the Owner(s) of the above referenced property, I/we have been advised that under the provisions of the Massachusetts Wetlands Protection Act (MGL Ch 131, Section 40) and the Town of Barnstable General Ordinances (Chapter 237), the Barnstable Conservation Commission, its Agents or its designated staff are authorized, as a matter of law, to enter the outside areas of the property for the purpose of reviewing the existing conditions and the proposed work as described in my/our application (Notice of Intent or Request for Determination) to the Barnstable Conservation Commission. Where possible, notice will be provided to the applicant prior to the visit. Visits will occur during daylight hours on either weekdays or weekends as necessary for the Commission and its agent to examine said property. I understand that if attempts to contact me are unsuccessful, the Commissioner or its agent may proceed to inspect the outside areas of said property under this application. I/we confirm my/our understanding the purpose of this permission and I/we grant permIssIon to Commissioners, its agent, and its designated staff, to enter the outside areas of my/our property regarding this application for the period as described below: 1. From the submission of the Application (Notice of Intent or Request for Determination) until the approval of the Notice of Intent Request or Request for Determination; and 2. From the issuance of the Order(s) of Conditions (approval for Notice of Intent) to the completion of the project and the final inspection by the Conservation staff to confirm the completion of the project. I ~e read the a~ and I understand and agree to allow inspections as described. ~ <zk/~024 Representative's signature Date signed Adopted March 15, 2022, effective April 18, 2022. 11USGS U.S. DEPARTMENT OFTIIE INTDJOR U.S. G!Ol.OGICAL SUI\YCY ,::wn,.,~..., 17 Pfo,M.ff..,ll-,aU'IIU.kfUIGNill'<Miuro"f1 ........ "'U':11:nrllU .... nll ~11~1.-..-.1·"!~(•~ ,.,.,.) ..... M~>""'•~•---•a,I• ;::~;;: .. ~;>.,., .... ~-: .. ~.:~.\,.." ~1;if::]tt1i:i\~~.f:~ _ ......... _,_ .. ; ---......... -.. ,. .... • ~ -:~.:, .. ""' " SCM.£1:UCX::O ,i, --;; --:--"'..,"'.,"'---' ·~ Pl W !tJI 'ft c1r:••·_..• .. 11•u. l•:>IIM,-C'l;._.\~l,o,•,-C"'~ " " ¥" ....., ·--· ,r, ..... (I. , ....... . i~ . .,,.,..,.,, HYAHHIS QUAllRAHGlf ioWSltHUSttn • l~T.UU COLMTY 7,J-,unITT $01(S " l1 ,..,,......., --... , ...... __ ._,.~l..., ---•~ --h·o __ -eiw ......... ,. fJuto.-. O:.••~ HYANNIS, #.A JOU Conservation Request for Determination (RDA) Abutter List for Subject Parcel Property owners actually touching on the subject parcel upon which work is proposed. Parcel ID Owner1 Owner2 Address Line 1 Address Line 2 336039 DAVIS, PHYLLIS T PO BOX157 336040 DAVIS, STEPHENS TR S C R REALTY TRUST POBOX355 336041 DUFFY, BRIAN P POBOX368 3 3 6042 GUERTIN, JOANNE E 9CANDYLN 336066 GOMES, MIGUEL & AUDREY POBOX 341 Page 1 ofl Total Number of Abutters: s City State Zip CUMMAQUID MA 02637 --- CUMMAQUID MA 02637 ------- CUMMAQUID MA 02637 -- CUMMAQUID MA 02637 --- CUMMAQUID MA 02637 Report Generated On : 9 /3 /2024 12:52 PM This list by itself does NOT constitute a "Certified List of Abutters" and is provided only as an aid to the determination of abutters . If a Certified Abutter Lis t is required, you must contact the Assessing Division t o have this list certified. Conservation Request for Determination (RDA) Abutter Map for Subject Parcel Property owne r s actuall y touching on the subject parcel upon which work is proposed. 336042 , __ _... \:J i r---.\ ...... ,. ~-_J 336039 36018 1 LJ 1_.--r :-1 335025"' ......... ·,~J 335023 ~L '.---l 336041 3! 336043 \ { \ \\ I '.'.'0 ,J,,7,\ ~ \\ . ;:~ .~~\. :.···. ~:_ . ·. . ~· . • -v. ___.y;{i ,.\ ' 31, <"; 'j',~ 336040 ::J ,.335·b1i , ·. •·. '\·: ... I ~-. ·--- l \;' :------ Town of Barnstabl GIS Unit gis @town.barnstable.ma.us Legend D Subj ect Parcel Abutters □ 0 Parcels •• Town Boundary ~ Railroad Tracks Buildings "'.J Approx. Buildi ...l Buildings Painted Lines Parking Lots Paved Unpaved Driveways Paved Unp aved Roads ■ Pave d Road Unp av ed Road 0 Bri dge Paved Median Streams Marsh Water Bodies This map is fo r illu strati on purposes onl y. It is no t adequa te fo r legal bo un dary de terminati or or reg ul atory int erpre tati on. Thh map does no t rep rese nt an on-the-ground survey. It may be generaliz ed , may no t refl ect curre nt con ditio ns, and may co nt ain cartogra phic errors or o missions. Parc el li nes shown o n this map a only graphic re presentations of Assessor's tax parcels. They are not true property boundari es an, do no t represent accurate re latio nships to phys ica l obj ects o n the map s uch as buil di ng lo cati o ns . 0 0 so 100 : 1 inch = approx. 100 ft Printed on : 9 /3 /2024 REQUEST FOR DETERMINATION OF APPLICABILITY ABUTTER NOTIFICATION LETTER DATE: 9-16-2024 RE: Upcoming Barnstable Conservation Commission Public Hearing To Whom It May Concern, As an immediate abutter of a proposed project, please be advised that a Request for Determination application has been filed with the Barnstable Conservation Commission. APPLICANT: BRIAN DUFFY PROJECT ADDRESS OR LOCATION: 41 STONEY POINT ROAD ASSESSOR'S MAP & PARCEL: PROJECT DESCRIPTION: APPLICANT'S AGENT: PUBLIC HEARING: BARNSTABLE MAP336 PARCEL~ PROPOSED SEPTIC UPGRADE & CONSTRUCTION OF AN ATTACHED DECK DOWN CAPE ENGINEERING, INC 939 ROUTE 6A YARMOUTH PORT, MA 02675 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: 10 / 01 /2024 TIME: 6:30 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=Town0fBarns table, by email to Kimberly.Cavanaugh@town.barnstable.ma.us or by calling (508-862-4093) Go·. ,gle Maps 230 South St, Hyannis, MA 02601 to 41 Stoney Point Rd, Barnstable, MA 02630 230 South St Hyannis, MA 02601 t 1. Head east toward South St 20 sec (230 ft) Take Yarmouth Rd and Willow St to Cross St in Yarmouth 1 O min (3.8 mi) ~ 2. Turn left onto South St 0.1 mi ~ 3. Turn left onto Old Colony Rd 0.2mi r 4. Turn right onto Main St 82 ft t 5. Continue straight to stay on Main St 0.1 mi ~ 6. Turn left onto Yarmouth Rd 1.4 mi t 7. Continue onto Willow St 1.9 mi Take Railroad Ave to Main St 47 sec (0.3 mi) ~ 8. Turn left onto Cross St 443 ft r 9. Cross St turns right and becomes Railroad Ave ~ 10. Turn left onto Main St r 11. Turn right onto Stoney Point Rd O Destination will be on the left 41 Stoney Point Rd Barnstable, MA 02630 0.2mi 2 min (0.9 mi) 33 sec (0.1 mi) Drive 5.1 miles, 14 min