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Home My WebLink AboutNOIShorefront Consulting Shorefront Consulting Professional Services on Land or At Sea 290 Center St., Dennis Port, MA 02639 508-280-8046 Yarmouth Conservation Commission Attn: Kelly Grant 1146 Route 28 South Yarmouth, MA 02664-4492 By hand delivery and email www.shorefrontconsulting.com shorefrontconsulting@gmail.com Re: Notice of Intent Application Filing Package: Proposed Reconstruction of Existing Permitted and Licensed Bulkhead Patricia Drenzek 11 Swordfish Drive South Yarmouth, MA 02664 Map 25, Parcel 11 January 6, 2022 On behalf of my client, Patricia Dresnek, I am submitting (1) full size (24"x 36") original plus 7 copies of a Notice of Intent Application Filing Package, and three original checks for municipal filing for the above referenced project. Electronic copies of all documents will be emailed to the conservation office. The following items are enclosed: ■ Notice of Intent Application and NOI Fee Transmittal Form ■ Performance Standards Narrative, Alternatives Analysis, and Construction Protocol ■ Photographs of the site ■ Yarmouth USGS Map, Assessor Map 25, and Flood Map, identifying locus ■ Copy of Check #231 for $227.50 made payable to the Commonwealth of Mass. for state share of DEP fee, (original sent directly to lockbox) ■ Check #232 for $252.50 made payable to the Town of Yarmouth for town share of DEP fee ■ Check #233 for $160 made payable to the Town of Yarmouth for the town By -Law fee ($2/lin. ft. for 80ft.; Category 5, bulkhead) ■ Check #234 for $10.00 check made payable to the Town of Yarmouth for advertising fee ■ Affidavit of Service, Abutter Notification Letter, Abutter List • Plan entitled "Sketch Plan Showing Proposed Bulkhead Reconstruction", by Shorefront Consulting, dated 8/12/21 ■ Plan entitled "Plan Showing 8' Engineered Bulkhead", by Shorefront Consulting, dated 12/6/12 Please schedule this filing for your January 20, 2022 public hearing. I also have 3 projects to present in Dennis the same night, and will ask Dennis if I can be put further along on the agenda. If there are any questions or concerns regarding this filing, please contact me as soon as possible. Sincerely, Mark Burgess Shorefront Consulting Enclosures: As Stated cc: Mass. DEP/SERO — Wetlands (by EDEP) Mass. Division of Marine Fisheries (by email) Patricia Drenzek (Applicant) Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Transaction #:1334539 WPA Form 3 - Notice of Intent City/Town:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A.General Information 1. Project Location: a. Street Address b. City/Town d. Latitude f. Map/Plat # 2. Applicant: 17 Individual r- Organization 11 SWORDFISH DRIVE YARMOUTH c. Zip Code 41.64142N e. Longitude 25 g.Parcel/Lot # a. First Name PATRICIA A. c. Organization d. Mailing Address 94 GREENWICH ROAD e. City/Town WARE f. State h. Phone Number 413-967-5427 i. Fax 3.Property Owner: r more than one owner a. First Name c. Organization d. Mailing Address e. City/Town h. Phone Number 4.Representative: a. First Name c. Organization d. Mailing Address e. City/Town h.Phone Number PATRICIA A. 94 GREENWICH ROAD WARE f State 413-967-5427 i. Fax b.Last Name DRENZEK 02664 70.21929 W 11 MA g. Zip Code 01082 j. Email pdrenzek@aol.com b. Last Name DRENZEK MA g. Zip Code 01082 j.Email pdrenzek@aol.com MARK b. Last Name SHOREFRONT CONSULTING 290 CENTER STREET DENNIS PORT f. State MA 508-280-8046 i.Fax BURGESS g. Zip Code 02639 j.Email shorefrontconsulting@gmail.com 5.Total WPA Fee Paid (Automatically inserted from NOI Wetland Fee Transmittal Form): a.Total Fee Paid 480.00 b.State Fee Paid 227.50 c.City/Town Fee Paid 252.50 6.General Project Description: PROPOSED RECONSTRUCTION OF EXISTING PERMITTED AND LICENSED BULKHEAD 7a.Project Type: 1. r- Single Family Home 2. 1— Residential Subdivision 3.l— Limited Project Driveway Crossing 4. i— CommercialAndustrial 5. r Dock/Pier 6. r Utilities 7.1✓ Coastal Engineering Structure 8. r Agriculture (eg., cranberries, forestry) 9. r Transportation 10. r- 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)? Page 1 of 7 * ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File 4: Bureau of Resource Protection - Wetlands eDEP Transaction 4:1334539 WPA Form 3 - Notice of Intent City/fown:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 1. F Yes r 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 17590 33 B. Buffer Zone & Resource Area Impacts (temporary & permanent) 1.Buffer Zone & Resource Area Impacts (temporary & permanent): r This is a Buffer Zone only project -Cheek 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 a. f Bank b. r Bordering Vegetated Wetland c. 1— Land under Waterbodies and Waterways d. Bordering Land Subject to Flooding e. - Isolated Land Subject to Flooding Size of Proposed Alteration Proposed Replacement (if any) 1. linear feet 2. linear feet 1. square feet 2. square feet 1. Square feet 2. square feet 3. cubic yards dredged 1. square feet 2. square feet 3. cubic feet of flood storage lost 4. cubic feet replaced 1. square feet 2. cubic feet of flood storage lost 3. cubic feet replaced f. R Riverfront Area Parkers River 1. Name of Waterway (if any) 2. Width of Riverfront Area (check one) F 25 ft. - Designated Densely Developed Areas only r- 100 ft. - New agricultural projects only 200 ft. - All other projects 3. Total area of Riverfront Area on the site of the proposed project 8800 square feet 4. Proposed Alteration of the Riverfront Area: 900 900 0 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? r Yesl— No Page 2 of 7 * ELECTRONIC COPY 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 #:1334539 City/Town:YARMOUTH 6. Was the lot where the activity is proposed created prior to August 1, 1996? 3.Coastal Resource Areas: (See 310 CMR 10.25 - 10.35) Resource Area a.r Designated Port Areas Indicate size under b.l✓ Land Under the Ocean 80 1. square feet fv—,Yes rNo Size of Proposed Alteration Proposed Replacement (if any) Land under the ocean below, 2. cubic yards dredged c.r Barrier Beaches Indicate size under Coastal Beaches and/or Coatstal Dunes, below d.r Coastal Beaches 1. square feet 2. cubic yards beach nourishment e.r Coastal Dunes 1. square feet 2. cubic yards dune nourishment f. Coastal Banks 80 1. linear feet gJ— Rocky Intertidal Shores 1. square feet h. f Salt Marshes 1. square feet 2. sq ft restoration, rehab, crea. i. r- Land Under Salt Ponds 1. square feet 2. cubic yards dredged j.w Land Containing Shellfish 80 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.w Land Subject to Coastal 900 Storm Flowage 1. square feet 4.Restoration/Enhancement 1— 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 r Project Involves Streams Crossings If the project involves Stream Crossings, please enter the number of new stream crossings/number of replacement stream crossings. Page 3 of 7 * ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File 4: Bureau of Resource Protection - Wetlands eDEP Transaction 4:1334539 WPA Form 3 - Notice of Intent City/rown:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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 Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recent Estimated Habitat Map of State -Listed Rare Wetland Wildlife published by the Natural Heritage of Endangered Species program (NHESP)? a. r Yes r 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. r" Percentage/acreage of property to be altered: (a) within Wetland Resource Area (b) outside Resource Area percentage/acreage percentage/acreage 2. r- Assessor's Map or right-of-way plan of site 3. F- 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. r- Project description (including description of impacts outside of wetland resource area & buffer zone) b. r" Photographs representative of the site c.l— MESA filing fee (fee information available at: http://wV1ly.mass.p-ov/eea/ay-encies/dfg/dtw/natural-llerita_eh•e ug latory- review/mass-endangered-species-act-mesa/mesa-tee-schedule.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.l— Vegetation cover type map of site e. r- Project plans showing Priority & Estimated Habitat boundaries d. OR Check One of the following 1. r' Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, http //�Nww mass gov/eea/aaencies/dfg/dfiv/laws-re(Julations/cmr/32I-cmr-I000-massachusetts-endaneered- species-act.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. r- Separate MESA review ongoing. a. NHESP Tracking Number b. Date submitted to NHESP 3. r- Separate MESA review completed. Page 4 of 7 * ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File 4: Bureau of Resource Protection - Wetlands eDEP Transaction 4:1334539 WPA Form 3 - Notice of Intent City/rown:YARMOLTTH Massachusetts Wetlands Protection Act M.G.L. c. 13 1, §40 Include copy of NEESP "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. F Not applicable - project is in inland resource area only b. ry Yes r 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. F' Yes F7 No b. ACEC Name If yes, provide name of ACEC (see instructions to WPA Form 3 or DEP Website for ACEC locations). Note: electronic filers click on Website. 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. r- Yes rv- No Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Restriction Act (M.G.L.c. 13 1, § 40A) or the Coastal Wetlands Restriction Act (M.G.L.c. 130, § 105)? a. r- Yes ry-, No 6. Is this project subject to provisions of the MassDEP Stormwater Management Standards? a. F Yes, Attach a copy of the Stormwater Report as required by the Stormwater Management Standards per 3 10 CMR 10.05(6)(k)-(q) and check if- 1. Applying for Low Impact Development (LID) site design credits (as described in Stormwater Management Handbook F' Vol.2, Chapter 3) 2. A portion of the site constitutes redevelopment r Proprietary BMPs are included in the Stormwater Management System b.Fv No, Explain why the project is exempt: 1. Single Family Home rV 2. Emergency Road Repair r- Page 5 of 7 * ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Transaction #:1334539 WPA Form 3 - Notice of Intent City4own:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 3. Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi -family f 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 f✓ 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 F [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 Foim(s). R 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. r a. Plan Title: SKETCH PLAN SHOWING PROPOSED BULKHEAD b. Plan Prepared By: c. Plan Signed/Stamped By: c. Revised Final Date: e. Scale: SHOREFRONT NO STAMP 8/12/21 1"-20' CONSULTING RECONSTRUCTION 5. If there is more than one property owner, please attach a list of these property owners not listed on this form. r 6. Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. r 7. Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. r 8. Attach NOI Wetland Fee Transmittal Form. Fv 9. Attach Stormwater Report, if needed. r- Page 6 of 7 * ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Transaction #:1334539 WPA Form 3 - Notice of Intent City/rown:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Fees 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: z32 �213�1�1 2. Municipal Check Number 3. Check date 3 , 4. State Check Number t 5. Check 'g r)C.�g b"z�k 6. Payer name on check: First a 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 Cotnruission will place notification of this Notice in a local newspaper at the expense of the applicant in accordance with the wetlands regulations, 3 t0 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 pro erty line of the project location. 0— 4 e�z� 8Vf1e, 3 1. Signature of Applicant 2. Date or 4. Date IN/-Zz 6. Date 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 1-3, 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. Page 7 of 7 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File #: WPA Form 3 - Notice of Wetland FeeTransmittal eDEP Transaction 4:1334539 Form City/Town:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Applicant Information 1. Applicant: a. First Name PATRICIA A. b.Last Name c. Organization d. Mailing Address 94 GREENWICH ROAD e. City/Town WARE f. State MA h. Phone Number 4139675427 i. Fax 2.Property Owner:(if different) a. First Name PATRICIA A. b. Last Name c. Organization d. Mailing Address 94 GREENWICH ROAD e. CityMown WARE £State MA h. Phone Number 4139675427 i. Fax 3. Project Location: a. Street Address 11 SWORDFISH DRIVE Are you exempted from Fee? 1 (YOU HAVE SELECTED 'NO') 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 DRENZEK g. Zip Code 01082 j. Email pdrenzek a�aol.com DRENZEK g. Zip Code 01082 j.Email pdrenzek@aol.com b. City/Town YARMOUTH Activity Type Activity Activity Fee RF Multiplier Sub Total Number A.) WORK ON DOCKS, PIERS, REVETMENTS, 80 4.00 RFA MULTIPLIER 480.00 DIKES, ETC. (COASTAL OR INLAND). 1.5 City/Town share of filling fee State share of filing fee Tota] Project Fee $252.50 $227.50 $480.00 Page 1 of 1 * ELECTRONIC COPY Notice of Intent Patricia Drenzek, 11 Swordfish Drive, S. Yarmouth Performance Standards Narrative, Alternatives Analysis, and Construction Protocol Property Description The property is located on Parkers River, a tidal river that leads to Nantucket sound. The project site is approximately 2,000 feet inland from Nantucket Sound. The property is located on the eastern shore of the river, in one of the canals. The property has an existing single family dwelling. The assessors records indicate that the dwelling was built in 1993 by OOC SE#83-1142. The bulkhead and dock were approved in 1994 by OOC SE#83-1289. All of the existing structures (seawall, dock, piles, ramp, float), etc. have an existing Chapter 91 License (DEP License No. 4516, issued in 1995; valid for 30 years). The area landward of the existing bulkhead consists of an existing 10' wide gravel buffer, and lawn. The property is in Land Subject To Coastal Storm Flowage, below the flood elevation, where no coastal bank exists. The existing bulkhead is in the process of failing. The sheeting has holes at the mudline in several places, as evidenced both visually and by the presence of several "sink holes" along the wall. There have been a few temporary repairs made on the seaward side by placing additional lumber to "patch" along the bulkhead. Some of the piles are bent as well, indicating overstress or failure of the anchor pile. This process will continue until the wall collapses from failure of the sheeting, leaving the property vulnerable to erosion again. The wall joins an existing vinyl wall on the east side, and has a separate return on the west side, but also adjoins a vinyl bulkhead on that end. Project Description The purpose of this project is to install a new vinyl bulkhead in the same place as the existing timber bulkhead, and raise the elevation by 1 foot. The area behind the existing timber wall will require excavation to reduce the load on the wall. Then the existing timber sheets will be removed, with the new sheeting installed immediately, and only in sections that can be replaced in the same day. In this way, the bulkhead is not open to the elements when the crew is not on site. The new vinyl bulkhead will be raised up by one foot, with the grade raised as well to within 6 inches of the new wall height. The existing gravel buffer will remain, and is NOT proposed to be planted. The new vinyl wall will join with the bulkhead on the east side, but be anchored independently to keep the bulkheads structurally independent. The existing separate return will remain on the west side, with the void in between the bulkhead and the revetment sealed with an extra piece of sheeting, filter cloth, and gravel. That end will be structurally separate from the adjacent revetment to the west. Description of Proposed Work Access for the project will be from the upland, on the west side of the applicant's property There is plenty of lawn area to temporarily place the soil behind the bulkhead to relieve the load, and install the new sheeting in the same footprint. No seaward expansion is proposed. A small excavator with a vibratory head will be required for any excavation behind the bulkhead and to install the sheeting. All work is within Land Subject to Coastal Storm Flowage, and within the 35-foot NDZ. Additional gravel can be used to raise the grade behind the bulkhead and increase drainage. Alternatives Analysis (Discussion of Options) Option 1- Do nothing If nothing is done at this site, the existing bulkhead will continue to degrade. The timber wall shows evidence of soil loss and holes at the base of the sheeting where it meets the river bottom, likely from boring pests. This is an indicator that the timber is reaching the end of its serviceable life. If allowed to continue though, the sheeting will eventually collapse, leaving the ground behind exposed to storm energy and erosion. The river canal would be exposed to excessive sedimentation from the resulting erosion of the soil behind the timber sheeting. Therefore, no benefit (either privately or environmentally) is gained from this option and it is not preferred. Option 2 — Repair the bulkhead. This option would require installing a short bulkhead directly in front of the existing timber sheeting, and filling the gap with sand. This is a common repair, and can extend the life of the bulkhead. However, in this case, the entire bulkhead timbers are rotting. This type of repair is acceptable if the remaining sheeting is in good condition. Since the entire sheeting is rotting, the entire bulkhead would need complete replacement soon after the repair was installed. Therefore, this is not the desired option. Page 1 of 3 Notice of Intent Patricia Drenzek, 11 Swordfish Drive, S. Yarmouth Option 3 — Construct the new bulkhead directly in front of the existing bulkhead. This option is the simplest option, leaving the existing bulkhead intact. This option was also the standard option recommended by the Army Corps because it protected the fronting resources from potential siltation. However, there are several regulatory agencies that see this as a seaward encroachment, with potential impacts to shellfish. Therefore, because of recent resistance this option is not the desired option. Option 4 —Construct the bulkhead at the AE-zone flood height of 11 feet. This option leaves the bulkhead protruding up 5' more from the existing grade, and may increase protection for the property from wave action at that elevation. The majority of the site and the surrounding lawn area is at elevation 6, so raising the bulkhead up to 11 feet is not practical because any flooding will come from the street side and flood the lot anyway. Since this area is fairly level and entirely below the flood elevation, raising the wall will only make it more difficult to drain the lot after a flood. There is no benefit to raising this portion of the lot for the same reasons. The cost/benefit for the materials, fill, and alteration for access to the dock does not justify the additional expense. Therefore, this is not the preferred option. Option 5 — Reconstruct the bulkhead with the "standard" 5-foot vegetated buffer strip. This option was discussed. The owners feel that the existing 10-foot wide gravel buffer strip is an acceptable method to provide infiltration of runoff behind the bulkhead. While the buffer could be reduced to 5 feet wide and planted, the owners do not want plants along the bulkhead, and would rather use the gravel buffer. Further, since the bulkhead is so low in elevation, even with the 1' raise in height, it doesn't take much of a storm surge to flood the yard, killing any plants. Therefore, the plantings and maintenance of them didn't seem to provide the cost/benefit to the resource area and the owners as compared to maintaining the existing 10-foot wide buffer strip, so this option was not chosen. Option 6 - (preferred alternative, project as proposed). Construct the new bulkhead in the same footprint as the existing bulkhead, raise it up by one foot, and remove the timber bulkhead as construction progresses. This approach protects the waterway from the potential effect of excessive amounts of sediment introduced into the waterway during construction. The existing bulkhead will be excavated to remove the soil load, then the new sheeting and anchors will be installed in sections. The new anchor tie rods will be below grade, instead of being exposed. The area will be backfilled, and the vegetated buffer replaced. This is the preferred option. Performance Standards The project proposes the construction of a new vinyl bulkhead in the same footprint as existing structures. Because the new wall is considered a repair to an existing licensed seawall with no seaward encroachment, it can be constructed with local permitting only. Land Subject to Coastal Storm Flowage (LSCSF) — LSCSF is considered a resource area under 310 CMR 10, section 10.02 (1) d. The area from the existing bulkhead back to the lawn is below the flood elevation and therefore no coastal bank exists. There is an "artificial Top of Bank" at the top of the bulkhead. The work on the waterfront is still within LSCSF, so it will be treated as such. The area is therefore within Land Subject to Coastal Storm Flowage. Although LSCSF is an area that is allowed protection under the Wetlands Protection Act, there are no performance standards for this area. The work proposed in LSCSF is the work for the bulkhead installation. That work will not have any significant adverse impacts, and can be permitted under 310 CMR 10.05(6)k. Land Under the Ocean — The area directly fronting the bulkhead is land under the ocean. The bulkhead construction is within the same footprint, with no seaward expansion proposed. The contractor can use a silt curtain, in addition to the construction sequencing, to eliminate any impacts to the area directly fronting the bulkhead. Therefore, the project can be accomplished to avoid negative impacts to this resource area. The construction protocol requires proper methods to avoid siltation. Projects not included in 310 CMR 10.25(3) which affect land under the ocean shall if water -dependent, be designed and constructed, using best available measures, so as to minimize adverse effects, and if non -water -dependent, have no adverse effects, on marine fisheries habitat or wildlife habitat caused by alterations in water circulation, destruction of eelgrass (Zostera marina) or widgeon grass (Rupia maritina) beds, distribution of grain size, changes in water quality, including, but not limited to, other than natural fluctuations in the level of dissolved oxygen, temperature or turbidity, or the addition of pollutants; or alterations of shallow submerged lands with high densities of polychaetes, mollusks or macrophytic algae. The project, as proposed, has no significant adverse effects, and therefore can be conducted and permitted to minimize adverse effects to the listed interests in accordance with 310 CMR 10.25 (6). Page 2 of 3 Notice of Intent Patricia Drenzek, 11 Swordfish Drive, S. Yarmouth CONSTRUCTION PROTOCOL The staging area for materials will be on the applicant's property and driveway. The work area shall be kept to a minimum. A working barge may be used, but is not anticipated for this project at this site, with the type of available access. If a barge is used, proper protocols shall be utilized to prevent grounding. The sheeting shall be driven in the same footprint as the existing sheeting. The area of the sheeting to be removed shall be excavated enough to remove the soil load on the existing sheeting, with the soil placed in the back yard. The existing sheeting shall be removed only enough at a time to drive the same amount of sheeting in the same day. A silt curtain shall be used to prevent siltation into the waterway while the new sheeting is being driven. Vibratory driving is preferred. All equipment shall be stored on the applicant's property when not in use. After that section of bulkhead is constructed and anchored, the soil can be backfilled behind the wall. More gravel under the soil fill can be used instead of bringing in more fill. This will increase the drainage capacity behind the wall. The timber sheeting and remains of the existing bulkhead shall be disposed of properly. Pre -Construction Meeting Prior to construction, a pre -construction meeting shall be held on -site with the Contractor, Property Owner (or owner's representative), and the Conservation Commission and/or agent. 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; • Means and methods for siltation controls; • Necessary post -construction reparations and conditions; • Procedure for post -construction inspection; • Shorefront Consulting'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 Manger. Post -construction meeting Upon completion of construction, a post -construction meeting shall be held on -site with the Contractor, Property Owner (or owner's representative), and the Conservation Commission and/or agent. 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, the staging areas, vegetated areas, and any other 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 vegetated areas shall be re -vegetated with indigenous vegetation to match pre -construction conditions for the surrounding areas, or as determined during the pre -construction meeting. Page 3 of 3 fV N N L � � LI) I On to X v0 O N N O O 4O (A }; co C V) • � O Q. O Y O t a .Q o +Er. f 1 � �Q 0 At cap" 9 -41 W 4 o Zee ''c►fA N N_ 3 co V C C _O O a� O N `" >E O Q QIn C-- 0 �o z ..L U c C CL O o. a) v L Ln 0 o 0 a � L y C in a in C ru O f6 y V y i O O O 0 Q � L II � � Q C L U c o O 'c L ,^ = o V J fO '~ a uvi L 3 O C Q f6 L w Q� y � c cv O 06 ~ ru w C LL C fu 0 Q N O L C � L O O C 0 3 c 0 0 s 5 Ln :3 ,2 o ) � V^ V C In N J -0 E 11 C C � L N N CU m 0 f O L O d F 0 y Q �z � w Q Ocon wo a dLLJ LLI Z �1/.�.y1� � OLL ZR a = Q FLI X 0 oz z m co t° a J ¢ Z o zJ z w Z a° C1 Q d uww aol o Z o Q -- W ZJ W v O 6990 -I3NVd SNfof N FN a r d —1 P �„ Y�,o, WlAdwrlAd m a U N U D! _ LLI n��n, m00 QO u v.u. a�iOE e aLLm oo t Nam =U a— wcc m c OOO mExI CL0 P J � CcSzy w Ecca QN W= a m�iwSN 3w� Z'�'�'o' 5 o au wa�e Aay� LU nm Emo'o z z w 3 u m w m m o E E a m m mz1E Ec as to w coQ ovwc� �wui= y ao, o« oO wai o w E E .cu ttmw Z aLLetU rowN u c 3 M a 0�m E U C U V a KEN 0 v U E 0 E � N N M U H 7 0 z 4w W_ Qm = Ww W >�' z �R zv Yc Lu it a Q W Nyp Z W v N W �• Shorefront r Consulting I -Mil Shorefront Consulting Professional Services on Land or At Sea 290 Center St., Dennis Port, MA 02639 www.shorefrontconsulting.com 508-280-8046 shorefrontconsulting@gmail.com AFFIDAVIT OF SERVICE Massachusetts Wetlands Protection Act M.G.L., CH 131, Sec. 40 I, Mark Burgess, of Shorefront Consulting, hereby certify under the pains and penalties of perjury that on January 6, 2022, I sent notification to abutters, in compliance with the second paragraph of Massachusetts General Laws, Chapter 131, Section 40, and the Department of Environmental Protections' Guide to Abutter Notification, dated, April 8, 1994, in connection with the following matter: A Notice of Intent was filed under the Massachusetts Wetlands Protection Act and the Yarmouth Wetlands Protection By-law, by Patricia Drenzek with the Yarmouth Conservation Commission on January 6, 2022 for the property located at 11 Swordfish Drive, Map 25, Parcel 11 in Yarmouth, MA. The project is for the proposed Reconstruction of Existing Permitted and Licensed Bulkhead The form of notification and a list of the abutters to whom the notice was given and their addresses are attached to this Affidavit of Service. Sincerely, Mark Burgess Shorefront Consulting Enclosures: As Stated cc: Yarmouth Conservation Commission Patricia Drenzek (Applicant) Shorefront . Consulting ` _ Shorefront Consulting Professional Services on Land or At Sea 290 Center St., Dennis Port, MA 02639 www.shorefronteonsulting.com 508-280-8046 shorefrontconsulting@gmail.com NOTIFICATION TO ABUTTERS UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT & TOWN OF YARMOUTH WETLAND BY-LAW, CHAPTER 143 In accordance with the second paragraph of the Massachusetts General Laws Chapter 131, Section 40, you are hereby notified of the following: A. The name of the applicant is: Patricia Drenzek B. The applicants have filed a Notice of Intent with the Yarmouth Conservation Commission, seeking permission to remove, fill, dredge or alter an Area Subject to Protection under the Wetlands Protection Act (MGL c. 131 s. 40 & Town of Yarmouth Wetland By -Law, Chapter 143). C. The address of the lot where the activity is proposed is 11 Swordfish Drive D. Proposed work is for the replacement of an existing permitted and licensed bulkhead E. Copies of the Notice of Intent may be examined at the Yarmouth Town Hall at the Conservation Commission office between the hours of 9:00 a.m. and 4:00 p.m. Monday thru Friday. For more information, call (508) 398-2231 ext. 1288. F. Copies of the Notice of Intent may be obtained from either the applicant or applicant's representative. Applicant's phone number Or Applicant's representatives phone number 508-280-8046 G. Information regarding the date, time and place of the public hearing may be obtained by calling the Yarmouth Conservation Commission office at (508) 398-2231 ext. 1288 H. Person sending this notification (applicant, representative or other) Name Mark Burgess, Shorefront Consulting Address 290 Center Street Town Dennis Port State MA Zip 02639 Telephone 508-280-8046 NOTES: • Meeting will be held both in person and by remote means; contact the town for login information. • Notice of the public hearing, including date, time and place will be published at least five (5) days in advance in the Register. • Notice of the public hearing, including date, time and place will be posted in the Town Hall not less than forty-eight hours in advance. • You may also contact the Southeast Regional Office of the Department of Environmental Protection at (508) 946-2800 for more information about this application. 25/ 15/ / ALI LINDA M ALI FAISAL 1 47 ANTHONY RD DALTON , MA 01226 25/ 14/ ! / BRIGGS THOMAS BRIGGS PAMELA 12 SWORDFISH DR SOUTH YARMOUTH , MA 02664 25/ 13/ RING DAVID B RING ELAINE M 1489 CENTRE ST NEWTON HIGHLANDS, MA 02461 25/ 121 / / AUTENZIO PAUL M TRS SWORDFISH REALTY TRUST 25 MILAN AVE WOBURN , MA 01801 25/ 11/ DRENZEK PATRICIA A 94 GREENWICH RD WARE, MA 01082 19/ 87/ LESBOS LLC 7 SHADOW LN ANDOVER , MA 01810 19/ 86/ / / AUTENZIO ROBERT P C/O AUTENZIO ROBERT P TR 23 MILAN AVE WOBURN , MA 01801 19/ 85/ INGERMAN MARK M TRS C/O BULL CAPITAL LLC 88 KINGSTON ST UNIT I BOSTON , MA 02111 25/ 161 MONTANILE MARIO M BARTON LISA 11 ROMANS ROAD WINDHAM , NH 03087 25/ 101 PALMA ROBERT T SR TRS PALMA NANCY A TRS 10 GROVE ST PLYMPTON, MA 02367 25/ 9/ DUNBAR JAMES M 3 SWORDFISH DR SOUTH YARMOUTH , MA 02664 19/ 88/ ERICKSON CHRIS A 2 CAPE ISLE DR SOUTH YARMOUTH , MA 02664 Please use this signature to certify this list of properties abutting within 100' of the parcel located at: 11 Swordfish Ln., South Yarmouth, MA 02664 Assessors Map 25, Lot 11 Andy MAhado, Director of Assessing January 5, 2022 ANCHOR WALE 113 (2) 2" X 8" P.T. CAP; W/ X" GALV. BOLTS ® 3' O.C. (TYP) )f GALV. LAG BOLTS 0 3' O.C. (TYP) (ALTERNATE WITH CAP THRU—BOLTS (TYP) (2) 2" X 4" P.T. CAP SUPPORTS; W/ h" GALV. BOLTS ® 3' O.C. (TYP) SHOREGUARD CL 9000 SHEETING (TYP) CAP DETAIL SCALE. 1 "=2' \ 16 LONG MINIMUM I IL rI JLC IIIVU, 16/ \ ' LONG MINIMUM PROPOSED N4" THRU—BOLTS; 2' O.C. (TYP) PROPOSED CHANCE HELICAL ANCHORS; 7' SPACING, (TYP) 8' WALL PLAN VIEW SCALE. 1"=2' EXISTING GRADE 20' MINIMUM EMBEDMENT \ SHALL DEVELOP 18K MIN, PROPOSED CONT. P.T. 2" X 6" BACK WALE EXCAVATE TO FACILITATE INSTALLATION OF TIE BACK TOP OF WALL SHALL BE NO MORE THAN 8' ABOVE EXISTING GRADE PROPOSED CAP; SEE DETAIL PROPOSED CONT. GREENHEART 6" X 8" ANCHOR WALE 2' 1"0 THREADED ROD ADAPTER 1" DOCK WASHERS y:h-`•s W 1 1/2"0 CHANCE HELICAL SCREW ANCHOR E SS5 1)r X 5' WITH 8' & 10" FLIGHTS 'dA' E"' ® '-0" O.C. MINIMUM ANCHOR PENETRATION EXISTING GRAD A .. E1 0r-_ t§S ALL BE 20'. AND DEVELOP 18 KIPS MINIMUM PROPOSED SHOREGUARD CL 9000 ANCHOR FORCE PER ANCHOR 0. VINYL SHEETING, 16 FEET LONG 8' WALL AND SHEETING DETAIL SCALE. 1 "--5' BULKHEAD DETAILS SCALE VARIES SHEET 1 OF 1 DECEMBER 5, 2012 PLAN SHOWING 8' ENGINEERED VINYL BULKHEAD I SHOREFRONT CONSULTING 290 CENTER STREET DENNISPORT, MA 02639 508-280-8046 SHOREFRONTCONSULTING®GMAIL.COM