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HomeMy WebLinkAboutNOIShorefrontConsulting Shorefront Consulting Professional Services on Land or At Sea 290 Center St.,Dennis Port,MA 02639 www.shorefrontconsulting.com508-280-8046 shorefrontconsulting@gmail.com Yarmouth Conservation Commission January 6,2022Attn:Kelly Grant 1146 Route 28 South Yarmouth,MA 02664-4492 By hand delivery and email Re:Notice of Intent Application Filing Package; Proposed Extension of Existing Shorefront Protection Phillip Pears and Sheila Tucke 44 Prince Road West Yarmouth,MA 02673 Map 29,Parcel 87 On behalf of my clients,Phillip Pears and Sheila Tucke,I am submitting (1)full size (24x 36”)original plus 7copiesofaNoticeofIntentApplicationFilingPackage,and three original checks for municipal filing for theabovereferencedproject.Electronic copies of all documents will be emailed to the conservation office.Thefollowingitemsareenclosed: Notice of Intent Application and NOI Fee Transmittal FormPerformanceStandardsNarrative,Alternatives Analysis,and Construction ProtocolPhotographsofthesite Yarmouth USGS Map,Assessor Map 25,and Flood Map,identifying locusCopyofCheck#2175 for $37.50 made payable to the Commonwealth of Mass.for state share of DEPfee,(original sent directly to lockbox)Check #2176 for $62.50 made payable to the Town of Yarmouth for town share of DEP fee*Check #2177 for $40 made payable to the Town of Yarmouth for the town By-Law fee ($2/lin.ft.for20ft.;Category 5,CES)Note;EDEP form has a minimum of 25 ft.length;the proposed length is 20 ft.*Check #2178 for $10.00 check made payable to the Town of Yarmouth for advertising fee*Affidavit of Service,Abutter Notification Letter,Abutter List *Plan entitled “Plan Showing Proposed Shorefront Protection”,by Shorefront Consulting and ExistingGrade,Inc.,dated 9/24/21 Please schedule this filing for your January 20,2022 public hearing.I also have 3 projects to present inDennisthesamenight,and will ask Dennis if I can be put further along on the agenda.If there are anyquestionsorconcernsregardingthisfiling,please contact me as soon as possible. Sincerely, Mark Burgess Shorefront Consulting Enclosures:As Stated cc:Mass.DEP/SERO —Wetlands (by EDEP) Phillip Pears and Sheila Tucke (Applicants) Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #: Bureau of Resource Protection -Wetlands eDEP Transaction #:1334466 i City/Town:YARMOUTHWPAForm3-Notice of Intent RES Massachusetts Wetlands Protection Act M.G.L.c.131,§40 A.General Information 1.Project Location: a.Street Address 44 PRINCE ROAD b.City/Town YARMOUTH c.Zip Code 02673 d.Latitude 41.65042N ¢.Longitude 70.25784W f.Map/Plat #29 g.Parcel/Lot #87 2.Applicant: WV Individual I Organization a.First Name PHILIP J.AND SHEILA b.Last Name PEARS AND TUCKE c.Organization d.Mailing Address 100 CHAMBERLAIN ROAD e.City/Town WESTFORD f.State MA g.Zip Code 01866 h.Phone Number 978-930-5115 i.Fax j-Email philpears@msn.com 3.Property Owner: I”more than one owner a.First Name PHILIP J.AND SHEILA b.Last Name PEARS AND TUCKE c.Organization d.Mailing Address 100 CHAMBERLAIN ROAD e.City/Town WESTFORD fState MA g.ZipCode 01866 h.Phone Number 978-930-5115 i.Fax j Email philpears@msn.com 4 Representative: a.First Name MARK b.LastName BURGESS c.Organization SHOREFRONT CONSULTING d.Mailing Address 290 CENTER STREET e.City/Town DENNIS PORT f.State MA g.Zip Code 02639 h.Phone Number 508-280-8046 i.Fax j-Email shorefrontconsulting@gmail.com 5.Total WPA Fee Paid (Automatically inserted from NOI Wetland Fee Transmittal Form): a.Total Fee Paid 100.00 b.State Fee Paid 37.50 c.City/Town Fee Paid 62.50 6.General Project Description: PROPOSED ENHANCEMENT OF EXISTING SHOREFRONT PROTECTION 7aProject Type: 1.I"Single Family Home 2.[I Residential Subdivision 3.I"Limited Project Driveway Crossing 4.I"Commercial/Industrial 5.I"Dock/Pier 6.[I Utilities 7.W Coastal Engineering Structure 8.[I Agriculture (eg.,cranberries,forestry) 9.I"Transportation 10.I”Other 7bIs 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 #: Bureau of Resource Protection -Wetlands 10WPAForm3-Notice of Intent tyown: Massachusetts Wetlands Protection Act M.G.L.c.131,§40 1.T Yes 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 224630 B.Buffer Zone &Resource Area Impacts (temporary &permanent) 1.Buffer Zone &Resource Area Impacts (temporary &permanent): I”This is a Buffer Zone only project -Checkifthe 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 Size of Proposed Alteration Proposed Replacement (if any) a.]”Bank 1.linear feet 2.linear feet b.I”Bordering Vegetated Wetland 1.square feet 2.square feet c.f”Land under Waterbodies and Waterways 1.Square feet 2.square feet 3.cubic yards dredged d.I”Bordering Land Subject to Flooding 1.square feet 2.square feet 3.cubic feet of flood storage lost 4.cubic feet replaced e.l”Isolated Land Subject to Flooding 1.square feet 2.cubic feet of flood storage lost 3.cubic feet replaced f.I”Riverfront Area 1.Name of Waterway (if any) 2.Width of Riverfront Area (check one)I~25 ft.-Designated Densely Developed Areas only I”100 ft.-New agricultural projects only I~200 ft.-All other projects 3.Total area of Riverfront Area on the site of the proposed project square feet 4.Proposed Alteration of the Riverfront Area: 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?I”Yes”No Page 2 of 7 *ELECTRONIC COPY Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 3 -Notice of Intent Provided by MassDEP: MassDEP File #: eDEP Transaction #:1334466 City/Town:YARMOUTH Massachusetts Wetlands Protection Act M.G.L.c.131,§40 6.Was the lot where the activity is proposed created prior to August 1,1996?I”YesI”No 3.Coastal Resource Areas:(See 310 CMR 10.25 -10.35) Resource Area a.f”Designated Port Areas b.[”Land Under the Ocean c.I”Barrier Beaches d.¥Coastal Beaches e.””Coastal Dunes f.i¥Coastal Banks g.I”Rocky Intertidal Shores h.I”Salt Marshes i.i”Land Under Salt Ponds J.T"Land Containing Shellfish k.”Fish Runs 1.¥Land Subject to Coastal Storm Flowage 4 Restoration/Enhancement Size of Proposed Alteration Proposed Replacement (if any) Indicate size under Land under the ocean below, 1.square feet 2.cubic yards dredged Indicate size under Coastal Beaches and/or Coatstal Dunes,below 100 1.square feet 2.cubic yards beach nourishment 1.square feet 20 1.linear feet 2.cubic yards dune nourishment 1.square feet 1.square feet 2.sq ft restoration,rehab,crea. 1.square feet 2.cubic yards dredged 1.square feet Indicate size under Coastal Banks,Inland Bank,Land Under the Ocean,and/or inland Land Under Waterbodies and Waterways,above 1.cubic yards dredged 183 1.square feet 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 I”Project Involves Streams Crossings If the project involves Stream Crossings,please enter the number ofnew stream crossings/number of replacement stream crossings. Page 3 of 7 *ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #: Bureau of Resource Protection -Wetlands eDEP Transaction #:1334466 .City/Town:YARMOUTHWPAForm3-Notice of Intent own 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 1.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.I”Yes ¥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.T"Percentage/acreage of property to be altered: (a)within Wetland Resource Area percentage/acreage (b)outside Resource Area a —2.1"Assessor's Map or right-of-way plan of site 3.1"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.I”Project description (including description of impacts outside of wetland resource area &butter zone) b.I™Photographs representative of the site c.l”MESA filing fee (fee information available at:http:/www.mass.gov/eea/agencies/dfg/dfw/natural-heritage/regulatory- review/mass-endangered-species-act-mesa/mesa-fee-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.I”Vegetation cover type map of site e.l”Project plans showing Priority &Estimated Habitat boundaries d.OR Check One of the following 1.]~Project is exempt from MESA review.Attach applicant letter indicating which MESA exemption applies.(See 321 CMR 10.14,http://www.mass.gov/eca/agencies/dfg/dfw/laws-regulations/cmr/32 1-cmr-1000-massachusetts-endangered- 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.) 2.1"Separate MESA review ongoing. a.NHESP Tracking Number b.Date submitted to NHESP 3.1"Separate MESA review completed. Page 4 of 7*ELECTRONIC COPY *Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #: Bureau of Resource Protection -Wetlands eDEP Transaction #:1334466 City/Town:YARMOUTHWPAForm3-Notice of Intent Massachusetts Wetlands Protection Act M.G.L.c.131,§40 Include copy of NHESP "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.l”Not applicable -project is in inland resource area only b.I"Yes ¥No If yes,include proof of mailing or hand delivery of NOI to either: South Shore -Cohasset to Rhode Island,and the Cape &Islands:North Shore -Hull to New Hampshire: Division of Marine Fisheries -Division of Marine Fisheries - Southeast Marine Fisheries Station North Shore Office Attn:Environmental Reviewer Attn:Environmental Reviewer 836 S.Rodney French Blvd 30 Emerson Avenue New Bedford,MA 02744 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)? If yes,provide name of ACEC (see instructions to WPA Form 3 or DEP Website for ACEC locations).Note: electronic filers click on Website. al"Yes No b.ACEC Name 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.I"Yes ¥No 5.Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Restriction Act (M.G.L.c.131,§ 40A)or the Coastal Wetlands Restriction Act (M.G.L.c.130,§105)? a.7 Yes No 6.Is this project subject to provisions of the MassDEP Stormwater Management Standards? al”Yes,Attach a copy of the Stormwater Report as required by the Stormwater Management Standards per 310 CMR 10.05(6)(k)-(q)and check if: Applying for Low Impact Development (LID)site design credits (as described in Stormwater Management Handbook Vol.2,Chapter 3) A portion of the site constitutes redevelopment Proprietary BMPs are included in the Stormwater Management SystemTe Tay oars b.¥No,Explain why the project is exempt: Ly we ;=Single Family Home 2.r Emergency Road Repair Page 5 of 7 ¥ELECTRONIC COPY °Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #: Bureau of Resource Protection -Wetlands pe Transac on Fii334ae6 .1 own:WPA Form 3 -Notice of Intent 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 I”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. USGS or other map of the area (along with a narrative description,if necessary)containing sufficient information for the Conservation Commission and the Department to locate the site.(Electronic filers may omit this item.) Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland [BVW]replication area or other mitigating measure)relative to the boundaries of each affected resource area. Identify the method for BVW and other resource area boundary delineations (MassDEP BVW Field Data Form(s). Determination of Applicability,Order of Resource Area Delineation,etc.),and attach documentation of the methodology. List the titles and dates for all plans and other materials submitted with this NOI.AP QL IN 7 a.Plan Title:b.Plan Prepared By: c.Plan Signed/Stamped By:c.Revised Final Date:e.Scale: PLAN SHOWING SHOREFRONTPROPOSEDCONSULTING AND ED GLESS,P.E.EXISTING SHOREFRONT EXISTING GRADE GRADE PROTECTION 9/24/21 1"-20' 5.Ifthere is more than one property owner,please attach a list of these property owners not listed on this form. 6.Attach proof of mailing for Natural Heritage and Endangered Species Program,if needed. Attach proof of mailing for Massachusetts Division of Marine Fisheries,if needed. oe r r 7.r Attach NOI Wetland Fee Transmittal Form. W 9.r Attach Stormwater Report,if needed. Page 6 of 7 *ELECTRONIC COPY 5 Massachusetts Department of Environmental Provided by MassDLP MassDED File # cDET Transaction #1 334166 Cin Town YARMOUTTT Protection Bureau of Resource Protection -Wetlands WPA Form 3 -Notice of Intent Massachusetts Wetlands Protection Act M.GLL.¢.131,§40 E.Fees Fee Exempt No tiling Ive shall be assessed fof projects of any ety.town,county.or district of the Commonwealth.federally recogmyzed Indian tube housing authonty .municipal housing authonty or the Massachusetts Bay Transportation Authonity Applicants must subant the tollowing formation (im addition to pages |and 2 of the NOI WTo Fee Fransmuntal Form)to confirm Jee paymenty)2z/2 Aumcrpal Chick Number 2 J >¢}Clicck date J ly /5> S Cheech date4MateCheekNamib2126 Ror©Paver mame on check Fist Name ™M 7 Payer name on check LastNameark F.Signatures and Submittal Requirements Fhereby certity under the penalties of perjury that the toregomg Notice of Intent and accompany ing plans documents,and supporting data are true und complele to the best of nv knowledge understand that the Conservation Comanssion will place notification of this Notice in a local newspaper at the expense of the apphcant in accordance with the wetlands regulations,310 CMR 10 055)a) 1 tutther ceruty under penalties of pergury that all abutters were nonficd of this application,pursuant to the requirements of MG L ©131,§40 Note must be made by Ceruticate of Marling or in wating by hand delivery or certified mal ¢retun receipt requested)to all abutters within 100 feet of the property hae of the project location FF Lat l 2/23/202 |I Signature of Applicant 2 Dae 3 Signature Property Ownge(al ditterent)4 Date +Date§Swenstu¥e of Represeglfanne (it any) For Conservation Commission: Two copies ot the completed Notice of Intent (Form 3),includimg supporting plans and docunients,two copies of the NOI Wetland Fee Trans muttal Form,and the ety town tee payment,to the Conservation Commission by certified mal ar hand delivery For MassDEP: One copy of the completed Notice of Intent (Form 35 cluding supporung plans and documents.one copy ofthe NOI Wetland Fee Transmuttal Form and a cupy of the state fee pay ment to the MassDEP Regional Office (see Instructions)by cettitied mail or hand delivery Other: 1 the apphcant has checked (he “yes”box im Section C,lems 1-3.above,reler to that section and the tostiuctions for additional submittal requirements Lhe orginal and copies mustbe sent sunbtaneousty.badure by te applicant to seid copies wea nndy manner may cesult wn disnussal of the Notice of Intent Page 707 *ELECTRONIC COPY 0000000000006 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands MassDEP File #: ..eDEP Transaction #:1334466weaForm3-Notice of Wetland FeeTransmittal City/Town:ARMOUTH Massachusetts Wetlands Protection Act M.G.L.c.131,§40 A.Applicant Information 1.Applicant: a.First Name PHILIP J.AND SHEILA b.Last Name PEARS AND TUCKE ¢.Organization d.Mailing Address 100 CHAMBERLAIN ROAD e.City/Town WESTFORD f.State~~MA g.ZipCode 01866 h.Phone Number 9789305115 i.Fax j-Email philpears@msn.com 2.Property Owner:(if different) a.First Name PHILIP J.AND SHEILA b.Last Name PEARS AND TUCKE c.Organization d.Mailing Address 100 CHAMBERLAIN ROAD e.City/Town WESTFORD f.State MA g.Zip Code 01866 h.Phone Number 9789305115 i.Fax j-Email philpears@msn.com 3.Project Location: a.Street Address 44 PRINCE ROAD b.City/Town YARMOUTH Are you exempted from Fee?I”(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 LL.Activity .aActivityTypeNumberActivityFeeRFMultiplier Sub Total A.)WORK ON DOCKS,PIERS,REVETMENTS,25 4.00 100.00DIKES,ETC.(COASTAL OR INLAND). City/Town share of filling fee State share of filing fee Total Project Fee $62.50 $37.50 $100.00 Page 1 of 1 ¥*ELECTRONIC COPY Notice of Intent Phillip Pears and Sheila Tucke,44 Prince Road,West Yarmouth,MA Performance Standards Narrative,Alternatives Analysis,and Construction Protocol Site Description The site is located on the north side of a peninsula of Prince Road,close to the easternmost point.There is an existing revetment that was installed in 1960 (DPW License #4380)that spans most of the properties on this side of the peninsula,stops for a bit and then was continued onto this property.This is a “grouted”sloped revetment,and not the “rough faced”revetment that exists on the west end of the adjacent property.The revetment extends seaward to justaboveMHW,along the waterfront,and ends at the existing licensed dock,about 16 feet from the western property line. At the end of the rocks is a set of beach access stairs over the slope edge that are also used to anchor the seasonal dock. There is a coastal beach along this part of the property.The unprotected portion of the shoreline has seen increased erosion over the years,as stated by the previous owner,who has owned the property since 2015.The house was built in 1964 (assessors records),and is therefore afforded protection by a CES.The highest elevation on the site is about elevation 8°(NAVD88),where the flood elevation is elevation 11°. Project Description The purpose of this project is to extend an existing rock revetment approximately 16 feet across the remainder of coastal beach and connect with an existing revetment extension on the adjacent property to the west (Tomaiolo,40 Prince Road; under a separate filing).There is an existing 5-foot vegetated buffer along most of the upper wall area,and this buffer is proposed to be maintained.All work will be above MHW.New stone steps constructed as part of the revetment extension are proposed to replace the existing steps.Any replacement plantings chosen must be in accordance with local native planting lists for size and spacing.Planting list must be submitted prior to construction.Access for this projectwillbefromtheTomaiolopropertytothewest.A sloped access will be cut into the slope to gain access to the beach for an excavator to construct the revetment extension.This project should be accomplished first,working back towards the Tomaiolo property,then restoring the access after that portion of the revetment is completed.IF the projects areconductedseparately,then a new access would still be needed over the Tomaiolo property to access the Pear/Tucke property.It is anticipated that both projects will be accomplished together,at the same time. Mean High Water Determination The site is located approximately 1 mile upstream from the mouth of Lewis Bay.The distance upstream causes a changetothetidalelevationduetothefrictionallossofthetidalflowoverdistance.In this area,the tidal range did not changeandremainsapproximately3feet.However,the tidal elevations do change.Therefore,the Army Corps Tidal Profiles arenotaccuratethisfarupstream,and Mean High Water (MHW)and Mean Low Water (MLW)must be determined by other methods. For this site,MHW was determined from similar projects that Shorefront Consulting has conducted in the same embayment;one from Baxter Avenue,for example.Therefore,MHW is approximately at elevation 1.1’NAVD88.MLW was determined to be at -1.8 NAVDSS. Alternatives Analysis (Discussion of Options) Option 1-Do nothing:If nothing is done atthis site,the shoreline will continue to erode.Although the site would still be protected somewhat,but the existing vegetated buffer would be further impacted by erosion.Therefore,if the outer beacherodesmore,then the existing buffer will suffer damage,and therefore this is not the preferred option. Option 2 —Cut the slope back to an angle suitable for planting,and install fiber rolls and plantings to stabilize the slope.This option was discussed.Cutting back to the slope to a suitable stabilized slope for planting would mean losing at least 5 feet of the existing edge of the slope;the tallest part of the slope that offers the most protection.While the installation would be above MHW,fiber rolls still don’t last as long as a rock revetment.The beach faces directly north,and there is sufficient fetch for large waves to be produced in a storm surge.These conditions would uncover the rolls and wash awaytheplantings.Considering access options and the cost of the fiber rolls,this option would not provide the cost/benefit option of the revetment.Further,these “soft”solutions are not permanent,and require maintenance and replacement, especially after a storm.Therefore,because of the increased maintenance construction costs over the other options,this is not the preferred option. Option 3 —Install a short vertical vinyl bulkhead along the shorefront.Vertical structures reflect the wave energy back into the waterway,potentially increasing fronting erosion.Although this is a type of protection might be allowed,the reflective energy might cause more impacts than the other options.Therefore,this is not the preferred option. Page 1 of 3 Notice of Intent Phillip Pears and Sheila Tucke,44 Prince Road,West Yarmouth,MA Option 4 —Preferred Alternative,Project as proposed The proposed design minimizes impacts to the surrounding area by installing a sloping rock revetment which absorbs wave energy,rather than reflecting it.The finished result will maintain the existing vegetated buffer along the edge of the lawn,continuing those benefits.This option provides the best benefit with the least amount of disturbance,and is therefore the preferred option. Performance Standards The project proposes the construction of a scour apron in several resource areas.The area affected by the project is Land Subject to Coastal Storm Flowage.Each resource area is addressed below separately.The project as proposed will not have any significant adverse effects to the surrounding resource areas. Land Subject to Coastal Storm Flowage (LSCSF)—LSCSF may be considered a resource area under 310 CMR 10,sections 10.21 through 10.37,but there are no performance standards listed for this resource.The work proposed in this area consists of the removal of the concrete bags to grade,and the installation of the filter fabric and scour apron.The ends of the apron will be tapered to blend into the existing shoreline.Overall,the resource area will be improved,while better protecting the shoreline from periodic erosion.No negative impacts to this interest are proposed either in the interim or during reconstruction. Coastal Beach —The work proposed on the beach is the removal of existing trees that have fallen onto the beach, and to install the revetment into the beach substrate.Once the revetment is above the beach elevation,the work becomes coastal bank.This area might be used for construction access,with any potential negative impacts being temporary.A temporary sloped access may be cut through the slope to get a small excavator on the beach if needed. It is anticipated that all of the proposed work can be accomplished from the top of the slope,as long as the excavator can reach over the slope.The proposed revetment will not change the role for the beach in storm damage prevention, flood control,or protection of wildlife habitat.The revetment will also not change the volume or form of the beach sediments,the ability of the beach to respond to wave action,or the effect for any downdrift beach.The revetment, as designed will have no adverse impacts to the coastal beach,and therefore meets the performance standards for work on a Coastal Beach.Therefore,as long as the construction protocols are followed the project as proposed can be permitted under 310 CMR 10.27 (1)through (7). Coastal Bank —The area of work over the coastal bank extends from the uppermost slope down to the beach,where the revetment will be installed along its slope.The slope will have to be cut back a little,with some amount of cut and fill on the slope to establish the 1.5:1 slope for the revetment.No work is proposed in the 50-foot no-disturb area landward of the top of the bank,with the exception of the installation of the vegetated buffer strip and therefore no variance is proposed.The project will be conditioned to prevent negative impacts to the bank.No negative impacts are anticipated.Therefore,the project as proposed can be permitted under 310 CMR 10.30 (6)through (8). Page 2 of 3 Notice of Intent Phillip Pears and Sheila Tucke,44 Prince Road,West Yarmouth,MA CONSTRUCTION PROTOCOL General protocols The revetment will require the use of a rock delivery truck and an excavator.It is anticipated that the work can be accomplished from the upland only,with no equipment on the beach area.If the excavator has to operate on the beach (unlikely),then a sloped access will be cut over the slope to gain access to the beach.This access will be restored with that portion of the revetment is installed.Materials will have to be transported over the lawn to the beach.The work area shall be kept to a minimum.All equipment shall be stored on the applicant’s property on the lawn area or the driveway when not in use. Pre-Construction Meeting Prior to construction,a pre-construction meeting shall be held on-site with the Contractor,Property Owner,Conservation Commission and/or agent,and the Project Manager (Shorefront Consulting).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: e Existing property conditions,necessary precautions to be taken by the Contractor; eo Means and methods for construction; e Necessary post-construction reparations and conditions; e 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 Manager. Post-construction meeting Upon completion of construction,but prior to equipment being removed from the site,a post-construction meeting shall be held on-site with the Contractor,Property Owner,Conservation Commission and/or agent,and the Project Manager (Shorefront Consulting).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 buffer zone,lawn,driveway,access path,staging 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. 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[PUORIPPE 104 “PO IRB I UO A3ep A3 03 JuANbasgRS apew uIRg @ney few yom susLIpURIE J0 Sabu 331323 Jou 530p dew SY joo gam SUSI DS 243 L104 pojeas> dew pooj; pasubiajei-anoge ai jo uoniod e Buimoys a3 feidng0 ue si sy) 4 Aduady juowafeuegy Aduddiowy jeiopag 102 ‘91 XI0r 31va 3AIL03443 6950210052 dIGNNN dYIN “Aunwwoo walgns ay; Joy suogeondde BVUBINSUI UD PasN 80 PINOYs BADGE UMOYS JagquinN Apunwwod ay ssepio dew Buoed ueym pasn aq pinoys #0jag umoys s1aquinN dey sy :iesn 0] adjoN NOILYISIDZ] ON TEYAT AN3NOISENS ¥O/ANY Z561 40 10V SIOUN0SIH ¥3lva TASYOD 3HL ¥3AAN Q3HSIIBYISI AELSAS SIDYNOSIH H3/EHYE TYLSYOD FHL 40 STMYANNOE SIANTON: dvi SIHL -3LON- r 40 NMOL “HLNONMYA 6355 r 6350 ro0csz 30 NMOL ‘318vLSNUVE XFE0S ENG EEEANN XIINAWACD NIV. 510052 (LNOAVT 13NVd WHI HOS XIANI dv 33S) S18 40 69S 1aINVd (SNOLLDIASIINL TTY) SLLASNAHDVSSVIA ‘ALNNOD ATAVISNIVE dV 31v¥ JONVANSNI A001 Waid 6950 TaNvd iEl|:hm 0004 00S 0 052 00S =.1 3TVIS dVIN Shorefrontmaa 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 perjurythatonJanuary6,2022,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 Phillip Pears and Sheila Tucke with the Yarmouth Conservation Commission on January 6,2022 for the property located at 44 Prince Road,Map 29, Parcel 87 in Yarmouth,MA.The project is for the proposed extension of existing shorefront protection on the property. 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,hy Mark Burgess Shorefront Consulting Enclosures:As Stated ce:Yarmouth Conservation Commission Phillip Pears and Sheila Tucke (Applicants) Shorefront -mea 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 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:Phillip Pears and Sheila Tucke 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 5.40 &Town of Yarmouth Wetland By-Law,Chapter 143). C.The address of the lot where the activity is proposed is 44 Prince Road D.Proposed work is for the extension of existing shorefront protection on the property 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. 29/ 87/// -PEARS PHILIP JTUCKESHEILA -100 CHAMBERLAIN RD WESTFORD ,MA 01886 29/88 //PIERCE BARBARA JC/O CRUZ PAUL A 574 SLOCUM RD NORTH DARTMOUTH ,MA 02747 29/ 86/// TOMAIOLO PHYLLIS M 9 TUSCAN PL, -SHREWSBURY ,MA 01545-2207 29/ 85///TOMAIOLO PHYLLIS M -9 TUSCAN PL. SHREWSBURY ,MA 01545-2207 29/ 90///ZORZI PETER A ZORZI MADELINE R45PRINCERD -WEST YARMOUTH,MA 02673 29/ 89///ZORZI FAMILY LLC .45 PRINCE RD WEST YARMOUTH,MA 02673 Please use this signature to certify this list of properties abutting within 100'of the parcel located at: 44 Prince Rd.,West Yarmouth,MA 02673 Assessors Map 29,Lot 87 Lucy WachadsAndyMachado,Director of Assessing October 18,2021