20230912-Quarterra-289110 response to comments with attILEX Environmental, Inc.
kbarnicle@ilexenvironmental.com
508-843-7981
September 12, 2023
Barnstable Conservation Commission
230 South Street
Hyannis, MA 02601
Re: Responses to Questions for Emblem Hyannis Notice of Intent
35 Scudder Avenue, Hyannis
Barnstable, Massachusetts
MassDEP File No. SE3-6124
Dear Members of the Commission:
On behalf of our client Quarterra, ILEX Environmental, Inc. (ILEX) is pleased to respond to various
questions asked by the Barnstable Conservation Commission during the public hearing held on
September 5, 2023 for the Emblem Hyannis Notice of Intent.
Mitigation Table
The following table identifies all of the proposed impacts which require mitigation. Much of the
proposed 9.82 acres of restoration work is proposed within the Riverfront Area, Land Subject to Coastal
Storm Flowage, Coastal Banks, and buffer zones of other wetland resource areas which will restore the
previously altered and disturbed areas that are presently part of the existing golf course.
Clarification of Trees being removed in Jurisdiction
The following Section 2.3 is from the Restoration Plan and provides detailed information regarding the
number of specimen trees to be cut and replanted. In order to show the areas where specimen trees
may be removed within wetlands jurisdiction, the attached figure has been created which shows the
Resource Areas Buffer
Zone?Description Work Proposed NOI
Figure
Hardscape within
50-100' Buffer
Zone (s.f.)
Mitigation Ratio Mitigation
Required (s.f.)
Mitigation
Provided (s.f.)
WPA or Bylaw
requirement met?
Bordering Vegetated Wetland Yes Joshua's Brook Access Driveway 13 996 3:1 2,988 21,845 Yes
Land Under Water and associated
Inland Banks (naturally occurring)Yes Joshua's Brook Access Driveway NA ****Yes
Land Under Water Yes Northeast Pond Emergency Access 12 3,089 3:1 9,267 9,267+Yes
Resource Areas Buffer
Zone?Description Work Proposed NOI
Figure
Riverfront Area No Joshua's Brook Access Driveway,
utilities 7
Riverfront Area No Stewart's Creek Emergency
Access, utilities 7
Riverfront Area No Joshua's Brook.
Stewart's Creek Stormwater 7
Riverfront Area No Joshua's Brook.
Stewart's Creek Grading 7
+ more mitigation is available as part of the restoration plan, only the required area is highlighted in green
* as there are overlapping buffer zones associated with Joshua's Brook wetland resource areas, we used the
landward most buffer zone associated with the BVW to calculate impacts and mitigation
allowable 10% provision for alteration pursuant to 310 CMR 10.58(4)(d)
Discussion of RFA Regulations +
1.2 acres of existing pavement will be reduced to 0.6 acres of pavement, a 50% reduction
allowed under limited project 310 CMR 10.58(4)(d)1.a and b
allowed under 310 CMR 10.58(5) and limited project 310 CMR 10.53(3)(e) and (5)
Page 2
limit of work and the limit of wetlands jurisdiction with the treed areas highlighted. See Tree Removal &
Restoration Plan figure attached.
The treed area to be removed within wetlands jurisdiction (i.e., Riverfront Area, buffer zone to Coastal
Bank) represents approximately 17% of the total treed area to be removed. If 144 specimen trees are
proposed to be removed from the Site, then approximately 25 trees will be removed within wetlands
jurisdiction. As shown on sheet 1 of the Landscape Plans (also attached for your convenience), 144 trees
will be planted as part of the restoration, almost all within wetlands jurisdiction. Other trees will be
planted within the development area for a total of 350 trees to be planted on the Site.
Section 2.3 of the Restoration Plan has been provided in its entirety for your convenience.
2.3 Specimen Trees (from Restoration Plan)
On September 26, 2022, a count of the specimen trees to be cut within the limit of work were counted for
an exact number of trees to be replaced in accordance with the Cape Cod Commission’s Wildlife and Plant
Habitat Technical Bulletin. Specimen trees are defined as softwoods greater than 18” dbh (diameter at
breast height) and hardwoods greater than 12” dbh. The following table provides the data collected.
Table Error! No text of specified style in document.-1: Specimen Trees
Type of Tree Tree Species Number Counted
Hardwood Black oak 119
Hardwood White oak 10
Hardwood Black cherry 1
Hardwood Red maple 4
Softwood Pitch Pine 10
Total 144
Previously, the amount of 375 specimen trees had been provided in documents submitted to the Cape
Cod Commission. This amount represents the estimated number of specimen trees on the entire site.
Approximately 144 trees (including a mixture of deciduous and evergreen trees) are proposed to be
planted over the 9.82 acres restoration area. Additional trees will be planted in the development area so
that in total, there will be 350 trees planted on the Site. In addition, there are other vegetation
management (or treatment) options as described below. The restoration plantings together with the
landscaped plantings will provide greater habitat values in conjunction with each other.
Construction Protocol for Paved Lined Basin
The Proponent is committed to removing and relocating any fish, reptiles, or amphibians during the
filling of the paved lined basin. The area will be dewatered before it is filled which will allow time for the
environmental consultant, working with the contractor, to walk the area and utilize various capture
techniques as the water is lowered. If any fish, reptiles, or amphibians are found, the environmental
consultant will determine if it can be moved to the existing pond in the northeast corner of the Site or in
the wetland system associated with Steve’s Creek. The pond is the mostly likely location where animals
will be placed as it is closer in habitat than the creek. The two southernmost ponds may also be used.
Page 3
The environmental consultant will use one or more of the following types of specialized equipment, all
of which are appropriate for this type of activity: electrofishers, seine nets, dipnets, and sanctuary
dipnets. In addition, other equipment may be used based on field conditions including block nets,
screening, buckets or totes for transporting.
Should a turtle be encountered in or around the area to be drained and filled, the environmental
consultant will move the turtle out of the work area to a safe and suitable location nearby which would
be dependent on the species of turtle and the time of year. If a turtle is nesting, the turtle will be
allowed to complete the nesting and the eggs will be moved in addition to the turtle.
Restoration Plan
The Proponent has committed to working with Conservation Staff on the Restoration Plan. Revisions to
the Restoration Plan, if any, would be reviewed by Staff who would determine if the revisions would be
approved under an administrative approval.
Nitrogen Loading
The Project will result in a net decrease in on-site nitrogen loading compared to current conditions. This
comes from a reduction in managed turf area from the existing use as a golf course and use of organic
slow-release fertilizer. The issue of nitrogen loading was previously analyzed during the Cape Cod
Commission (CCC) review process following the CCC technical bulletins which took over two years. The
information presented by others regarding nitrogen loading were disregarded by the CCC as not being
accurate. The CCC has been the frontrunner in reviewing and developing how to assess nitrogen loading
for decades and are at the forefront of working to reduce nitrogen loading to the Cape’s waters. As
such, we do not believe any further discussion regarding nitrogen loading is warranted.
Thank you for the opportunity to respond to these comments. Should you have any questions, please do
not hesitate to contact me.
Sincerely,
Kathryn S. Barnicle, PWS
ILEX Environmental, Inc.
kbarnicle@ILEXenvironmental.com
attachments Tree Removal & Restoration Plan Figures
Sheet 1 of Landscape Plans
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LIMIT OF CONSERVATION
JURISDICTION
PROPOSED LIMIT OF
WORK/ EROSION
CONTROL BARRIER
LIMIT OF CONSERVATION
JURISDICTION
PROPOSED LIMIT OF
WORK/ EROSION
CONTROL BARRIER
12x8
LOCUS MAP
SCALE 1" = 2000'
1
MA STATE PLANE
JOB NO: 5061
FIELD: CB/RB
DATE: SEPTEMBER 11, 2023
DRAWN: BJW
CHECK: ELP
CALC./DESIGN: ELP
TREE REMOVAL &
RESTORATION PLAN
PREPARED FOR:
QUARTERRA
99 SUMMER STREET, SUITE 701
BOSTON, MA 02110
LAND SURVEYING BY:
ENGINEERING BY:
BAXTER NYE ENGINEERING
& SURVEYING
78 NORTH STREET, 3RD FLOOR
HYANNIS, MA 02601
THE PROPOSED
EMBLEM AT
HYANNIS
RESIDENCES
AT
35 SCUDDER AVENUE
IN
HYANNIS,
MASSACHUSETTS
(BARNSTABLE COUNTY)
DESC.DATENo.
REVISIONS:
SHEET 1 OF 1
LEGEND
TREES TO BE REMOVED WITHIN
CONSERVATION JURISDITION
28,003 S.F.± (0.643 Ac±)
TREES TO BE REMOVED OUTSIDE OF
CONSERVATION JURISDITION
140,152 S.F.± (3.217 AC±)
LIMIT OF SITE WORK
LIMIT OF CONSERVATION JURISDICTION
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EEETTN58° 42' 49"E393.61'S14° 45' 03"E36.26'S34° 13' 10"W30.22'S83° 52' 17"W90.93'N41° 29' 36"W53.21'S64° 42' 31"W241.54'S17° 52' 23"W22.99'S46° 36' 24"W15.83'S46° 36' 24"W191.95'S58° 25' 50"W141.69'N86° 41' 00"E123.59'L=109.76R=193.97S29° 42' 50"E48.03'N67° 30' 10"E9.21'S37° 40' 50"E19.21'S44° 05' 30"E81.79'S84° 14' 40"E38.30'S37° 40' 50"E19.21'N67° 30' 10"E9.21'S29° 42' 50"E48.03'S00° 37' 10"W208.39'S32° 57' 40"E109.36'N31° 43' 54"W88.76'2324252626262626323130222222222222222524232524232223232425252622222626262625252627282925252626272527242223232424252626262525252527272727272727272727272626272727272727272729283028292223242627S88° 43' 22"W217.76'26132322212019181716151422212019181716131415232327252525252525252727252524232524252524232324232424242322222222232430251920202019202121211716171819181924232221242322212031323329282726252526272829292827262520212223241314151514131211121314151619202019202121211112131415161718191112131515161718192015242322212019181716151516171819202122232414141415192015151413131426262625252322212525242315131415161718192020201918171616171819201112S48° 59' 00"W207.69'S46° 36' 24"W76.92'N79° 52' 42"W13.77'N54° 33' 38"W81.54'152526262626262626262626252423222124DRAWNCHECKEDREV. NO.DATEDESCRIPTIONSTAMPSHEETOFplot date:MICHAEL D'ANGELOLANDSCAPE ARCHITECTURE LLC732 EAST BROADWAY #3BOSTON, MA 02127t. 203.592.4788www.m-d-l-a.comEMBLEM HYANNIS
35 SCUDDER AVENUE
HYANNIS, MASCALEDATEAS NOTED03/01/21CCC SUBMITTAL4/1/211CCC RESUBMITTAL10/21/222L0110LAYOUTKEYPLANL1NOT FOR CONSTRUCTIONL2L3S C U D D E R A V E N U ECLUBHOUSEBUILDING2BUILDING1BUILDING3BUILDING6BUILDING4BUILDING5BUILDING7BUILDING8BUILDING9BUILDING10BUILDING11BUILDING12LAYOUT KEY PLAN1SCALE: 1" = 80'-0"L4INFILTRATIONBASIN 2EXISTINGPONDEXISTINGPONDEXISTINGPONDINFILTRATIONBASIN 1BUILDING13INFILTRATIONBASIN 3