HomeMy WebLinkAboutrevised narrativeNOTICE OF INTENT
#4 River Drive, South Yarmouth
PROJECT NARRATIVE
The applicant is pleased to submit a Notice of Intent application to construct a proposed house addition on
an existing developed property. The 21,465 s.f. property is improved with an existing 3-bedroom single-
family dwelling that was constructed in 1960 according to assessors records. It is bordered by residences
and located within a FEMA Zone X 0.2% annual chance flood hazard. All construction associated with the
addition will be located within areas that have already been developed with existing structures, lawn and
landscaping. The proposed work will be within the inner and outer riparian zones of Bass River. The
applicants are proposing to add an additional bedroom and install a new 4-bedroom septic system as part of
this project. All proposed septic components will be located outside of the 100' buffer to the Coastal Bank
and will meet all required local and state setbacks. The resource areas and their associated buffers are
plotted on the enclosed Site Plan by Down Cape Engineering.
A work limit line of staked silt fence backed by coir logs is proposed downgradient of all proposed work. All
work limit lines shall remain in place until all construction is completed and areas are planted and stable.
Preconstruction activities will include the installation of erosion control fences as shown on the site plans. A
staging area is also proposed in the existing driveway area.
Exposed soils will be loamed and seeded within 30 days of completion of the work and final grading work as
weather permits.
No work will take place within any resource area or within Priority/Estimated Habitat of endangered species.
Coastal Bank (310 CMR 10.30)
A Costal Bank exists at the top of the slope down to Bass River. The Coastal Bank was delineated in
accordance with the Wetlands Program Policy 92-1. The existing structure is located 33.3' from the Coastal
Bank at its closest point. That section of structure is proposed to be removed. The proposed addition will be
located 44.0' from the top of the bank at its closest point. The bank's ability to control floodwaters will not be
changed by any of the proposed work.
Rlverfront Area (310 CMR 10.58)
The entire site lies within the Riverfront Resource Area. The edge of the river, 100' Inner and 200' Riparian
Zones are all shown on the site plan. The lot and existing dwelling pre -date the Rivers Act (1996). Section
10.58(5) of the Wetland Protection Bylaw allows redevelopment of a previously developed area, provided
the proposed work improves existing conditions. There is a proposed increase in hardscape of 497 s.f. with
the project. A 2:1 wildflower meadow mitigation area of 1,000 s.fo is proposed along the top of the Coastal
Bank within existing lawn area to help offset the increase in hardscape. The proposed work will take place
within existing developed areas and will have no adverse impacts on the riverfront area.
(a) The lot is previously developed and the proposed work will result in an improvement over the
existing conditions.
(b) Roof drywells are proposed and will decrease the surface runoff.
(c) The proposed work is further away from the river than existing structures.
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(d) See (g)
(e) See (g)
(f) See (g)
(g) A 2:1 wildflower meadow mitigation area is proposed in the area of existing lawn.
(h) The mitigation area plantings shall be demonstrated to be successful for at least two growing
seasons prior to requesting the Certificate of Compliance.
Land Subject to Coastal Storm Flowage
The site is affected by a 500 year flood zone X and the 100 year flood zone (AE el. 12). No fill is proposed
so construction and grading activities will have no effect on the 100 year flood elevation. All construction
work and final grading will take place outside of the 100 year flood elevation.
Compliance with the MA Wetlands Protection Act and Yarmouth Bylaw Chapter 143 Regulations:
The proposed construction activities will not have a deleterious effect upon any wetland values as listed in
the Bylaw and Wetlands Protection Act. The proposed addition will be located within existing developed
areas. The silt fence will contain all construction activities. The area where the work will take place has a
very gentle slope; no erosion is expected. All work takes place above the 100 year flood elevation. Roof
drainage will be mitigated utilizing downspouts to drywells or drip lines to stone trenches. The proposed
mitigation area will provide an additional buffer to the Coastal Bank and Bass River.
All machinery will access the areas of proposed construction through the existing roadway. A silt fence will
be installed downgradient of any proposed work.
Alternatives Analysis
The existing site could remain as is, but the owners would like to renovate and update the existing dwelling
to allow for an increase in useable space within the dwelling. The existing foundation and a portion of the
existing house will remain. The proposed construction will be added on to the existing structure and will
allow for a greater setback distance to the resource areas than what currently exists. The proposed
wildflower meadow mitigation area will replace existing lawn and provide an additional habitat along the top
of the Coastal Bank.
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310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
10.58: continued
(5) RedevelopmentWiLit inPreviouslyDeveloped AiverfrontAreas; Res torationandMitigation.
Notwithstanding the provisions of 310 CMR 10.58(4)(c) and (d), the issuing authority may allow
work to redevelop a previously developed riverfront area, provided the proposed work improves
existing conditions. Redevelopment means replacement, rehabilitation or expansion of existing
stuuctures, improvement of existing roads, or reuse of degraded or previously developed areas.
A previously developed riverfront area contains areas degraded prior to August 7, 1996 by
impervious surfaces from existing structures or pavement, absence of topsoil, junkyards, or
abandoned dumping grounds. Work to redevelop previously developed riverfront areas shall
conform to the following criteria:
(a) At a minimum, proposed work shall result in an improvement over existing conditions
of the capacity of the riverfront area to protect the interests identified in M.G.L. C. 131 § 40.
When a lot is previously developed but no portion of the riverfront area is degraded, the
requirements of 310 CMR 10.58(4) shall be met.
(b) Stonnwater management is provided according to standards established by the
Department.
(c) Within 200 foot riverfront areas, proposed work shall not be located closer to the river
than existing conditions or 100 feet, whichever is less, or not closer than existing conditions
within 25 foot riverfront areas, except in accordance with 310 CMR 10.58(5)(f) or (g).
(d) Proposed work, including expansion of existing structures, shall be located outside the
riverfront area or toward the riverfront area boundary and away from the river, except in
accordance with 310 CMR 10.58(5)(f) or (g).
(e) The area of proposed work shall not exceed the amount of degraded area, provided that
the proposed work may alter up to 10% if the degraded area is less than 10% of the riverfront
area, except in accordance with 310 CMR 10.58(5)(0 or (g).
(f) When an applicant proposes restoration on -site of degraded riverfront area, alteration
may be allowed notwithstanding the criteria of 310 CMR 10.58(5)(c), (d), and (e) at a ratio
in square feet of at least 1:1 of restored area to area of alteration not conforming to the
criteria. Areas immediately along the river shall be selected for restoration. Alteration not
conforming to the criteria shall begin at the riverfront area boundary. Restoration shall
include:
1. removal of all debris, but retaining any trees or other mature vegetation;
2. grading to a topography which reduces runoff and increases infiltration;
3. coverage by topsoil at a depth consistent with natural conditions at the site; and
4. seeding and planting with an erosion control seed mixture, followed by plantings of
herbaceous and woody species appropriate to the site;
(g) When an applicant proposes mitigation either on -site or in the riverfront area within the
same general area of the river basin, alteration may be allowed notwithstanding the criteria
of 310 CMR 10.58(5)(c), (d), or (e) at a ratio in square feet of at least 2:1 of mitigation area
to area of alteration not conforming to the criteria or an equivalent level of environmental
protection where square footage is not a relevant measure. Alteration not conforming to the
criteria shall begin at the riverfront area boundary. Mitigation may include off -site
restoration of riverfront areas, conservation restrictions under M.G.L. c. 184, §§ 31 through
33 to preserve undisturbed riverfront areas that could be otherwise altered under 310 CMR
10.00, the purchase of development rights within the riverfront area, the restoration of
bordering vegetated wetland, projects to remedy an existing adverse impact on the interests
identified in M.G.L. c. 131, § 40 for which the applicant is not legally responsible, or similar
activities undertaken voluntarily by the applicant which will support a determination by the
issuing authority of no significant adverse impact. Preference shall be given to potential
mitigation projects, if any, identified in a River Basin Plan approved by the Secretary of the
Effective t0/24/2014
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
Executive Office of Energy and Environmental Affairs.
(h) The issuing authority shall include a continuing condition in the Certificate of
Compliance for projects under 310 CMR 10.58(5)(f) or (g) prohibiting fiirther alteration
within the restoration or mitigation area, except as may be required to maintain the area in
its restored or mitigated condition. Prior to requesting the issuance of the Certificate of
Compliance, the applicant shall demonstrate the restoration or mitigation has been
successfully completed for at least two growing seasons.
Effective ]0/24/2014