Town of Barnstable, MA Chapter 707 Submission Requirements for Notice of Intent Applications

[HISTORY: Adopted by the Conservation Commission of the Town of Barnstable 5-28-1997; last amended 8-23-2016. Subsequent amendments noted where applicable.]

GENERAL REFERENCES

Wetlands protection — See Ch. 237.

Private docks and piers — See Ch. 703.

Wetlands buffer zone activity — See Ch. 704.

Abutter notification — See Ch. 706.

§ 707-1 Intent.

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.

§ 707-2 Checklist.

[Amended 3-29-2022]

The 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 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 the applicant has instructed otherwise, that the applicant is 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 MA Wetlands Protection Act, M.G.L. c. 131, § 40.
		2)	The performance standards contained in the MA Wetland Protection Regulations (310 CMR 10).
		3)	Chapter 704: Regulation governing activity in the one-hundred-foot buffer zone.
		4)	Chapter 703: Private Docks and Piers.
		5)	Any other applicable regulations (310 CMR 10 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)
	a.	Contact the Conservation Division office at [phone] 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 one-hundred-foot radius of the project parcel.
	c.	Provide a copy of the Assessor’s Map indicating the parcel of the project site and showing the one-hundred-foot 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 feet of the property line of the project location.

	Signature of Applicant or Representative	Date

3.	Field Staking:
	a.	On or before Tuesday, at 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 feet 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, at the hearing (payable to the Town of Barnstable). The cost of the legal ad will be precalculated 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 DEP Vegetated Wetland Field Data Form. Indicate Assessor’s Map and parcel number of the project, as well as the street or road address, and pertinent village (i.e., Hyannis, Centerville, Barnstable, etc).
	b.	Provide two 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 (one inch equals 20 feet preferred). For multi-acre sites, a second site plan, drawn at larger scale showing the entire site, should also be provided.
	c.	For projects requiring mitigation plantings under §§ 704-3, 704-4, and 704-5, mitigation planting location(s) shall clearly be shown on the 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 zero to 50 and 50 to 100 separately for the amount of mitigation planting required, and the amount of mitigation planting proposed.
	d.	Provide detailed, written street directions to the locus (site).
	e.	Provide a copy of a U.S.G.S. locus map indicating the general area of the project site.
	f.	Provide a check for the Town of Barnstable portion of the required filing fee. (For the portion payable to the Commonwealth, see 7. c. below.)
	g.	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 two-foot minimum intervals (one foot 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.
	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 [e-mail] AND [e-mail]. 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 full NOI applications with folded plans (colored ink stamp) with signature/date to the Town of Barnstable Conservation Division Office for administrative use.
	d.	Provide seven additional copies of the NOI (with folded plans and all pertinent data attached) to the Barnstable Conservation Division Office for distribution to, and review by, Conservation Commission members. Any supplementary documentation for administrative and Commission review should be submitted as soon as possible prior to the scheduled public hearing.*
	e.	Mail one copy of the complete NOI with plan(s) to the Department of Environmental Protection (DEP) Southeast Regional Office, 20 Riverside Dr., Lakeville, MA 02346. Send DEP portion of filing fee to: MA Department of Environmental Protection, Box 4062, Boston, MA 02211.
	f.	For roadway construction or repair projects, provide one hard copy of the NOI and plans to the Coastal Health Resources Coordinator, c/o the Town of Barnstable Health Division, 200 Main Street, Hyannis, MA 02601.
	g.	For coastal piers, dredging, coastal engineering structures or other coastal erosion control projects, provide two hard copies of the NOI and plans to the Shellfish Biologist, c/o Town of Barnstable Natural Resources, 1189 Phinney’s Ln., Centerville, MA 02632. In addition, e-mail a PDF version to:
		1)	[e-mail]. (E-mail must be sent the same day as submission to the Conservation Division); and
		2)	[e-mail].
	h.	Also, for coastal piers, dredging, and coastal engineering structures, provide two hard copies of the NOI and plans to the Harbormaster, c/o Town of Barnstable Marine and Environmental Affairs (MEA), 1189 Phinney’s Ln., Centerville, MA 02632. In addition, e-mail a PDF version to:
		1)	[e-mail]. (E-mail must be sent the same day as submission to the Conservation Division); and
		2)	[e-mail].
(Note: Please title the file for your NOI project as follows: a. Submission date, b. Last name of applicant, c. Map/parcel of property, e.g., 082316-Smith-076024.)

*Note: If a revised plan needs to be submitted prior to a hearing, please follow same instructions as 7. b. above (and submit to other entities as may be applicable). Plan revisions must be clearly noted and dated in the revision block. (The same individual who stamped the original plan must also stamp and sign the revised plan).

Submitted this _____ day of __________ in the year _____ in accordance with the Town of Barnstable “Regulation Governing Minimum Submission Requirements for a Notice of Intent Application” by:

 

  (Print Name)

  Owner/Applicant Signature Telephone Number

  Owner’s Authorized Agent Signature Telephone Number