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3 Windermere Road, West Yarmouth
This site is abutting Mill Creek and Lewis Bay. It’s in an area originally named “Riverview Park” dated May
1925 in Plan Book 14, Page 67 followed by Colonial Acres and on a plan noted as “Amended to November
1930” (as a revised plan for “Lotting”) and recorded in Plan book 47, Page 113. The plan pre-dates the
adoption of zoning regulations in the Town of Yarmouth. The house was built in approximately 1950 according
to assessing records making the structure 70+ years old and pre-dates Environmental regulations. This site
consists of a 50’X100’, 5,000-sf lot with an existing dwelling. The entire lot had been cleared many years ago
to the Top of Bank. The changes being proposed will not disturb any area not previously disturbed.
The owners of the property Mr. & Mrs. Paul Spuria under the Paul and Anna Spuria Family Trust are seeking
permission to redevelop their property by demolishing the existing structure and replace it with a new modular
dwelling. The property is not in an Estimated Wildlife or Habitat Zones per the Oliver Maps. This site abuts
Mill Creek where there are several resources associated with it.
Top of Bank, Marsh, Rivers Act Riparian Zones due to Mill Creek,
Flood Zones AE(EL11) + VE(EL13)
The proponents of the redevelopment are also replacing the existing septic with a new Singulair (Innovative and
Alternative technology) septic system to provide better effluent protection in this sensitive area. The system is
designed on the lot to the north of the structure by the road, as far from the resource areas as possible.
Top of Bank
The TOB is located approximately 3’ from and along the rear property line. We are proposing a 10’ wide
strip of planting mitigation along the rear property line 3’ from Top of Bank. We’re proposing these planting as
a measure to protect the TOB and the resources beyond from erosion and foot traffic.
Marsh
The marsh is located 40-45’ from the rear property line. The mitigation proposed will provide protection
from foot traffic to the top of bank, to the marsh and beyond.
Flood Zone AE(EL11)
The new house will be located within the AE zone with the exception of small portion of the SW corner
which will be located in the VE zone. Almost the entire deck is located in the VE zone. The structure and
decks will be constructed to flood compliancy.
Flood Zone VE(EL13)
There is a small corner of the house is located in this zone as well the entire deck.
River Riparian Zones
The entire property has been disturbed from the street to the Top of Bank, this project is deemed to be a re-
development. The property is entirely within the 100’ and 200’ riparian zone from Mill Creek. The existing
house is located mostly within the 100’ and partially in the 100’ to 200’ riparian zone. The proposed house will
be located in both as well.
Mitigation
The plan shows silt fence work limit at the rear of the proposed new deck to hold back any silts from
migrating into the top of bank area and beyond. We propose a 10’ wide buffer strip of native vegetation of
Bayberry Bush and Rugosa Rose at 4’ on center as mitigation to prevent foot traffic beyond the property line
and provide protection to the Top of Bank and the other environmental areas beyond it where no protection
exists today.
This site has been completely altered years prior to environmental regulations and has remained so for 70+
years. With the age of the structure and the construction requirements 70 years ago, this home does not meet
building codes for this area as it sits within Flood Hazard zones and is less than one mile from Lewis Bay and
Nantucket Sound (Atlantic Ocean). The buildings age would make it difficult to lift the building to bring it into
Flood Plain compliance and will also be more destructive to the site. To bring the structure up to code would be
cost prohibitive.
Foundation and first floor is sited within the Flood Hazard zones
The existing framing is undersized
Windows/doors need to be hurricane impact
Attic/crawlspace insulation are inadequate
Interior wiring, plumbing, etc.
A new structure that meets all requirements for this area and is a better alternative than an attempt at
rehabilitation of the existing building. The new dwelling would be compliant to todays standards for buildings
within a mile of the ocean. As the new building is modular, there is less impact to the site than a fully stick-
built construction as the building comes pre-made to be dropped into place with a crane with minimal exterior
construction.
The existing septic system although a Title 5 system, doesn’t provide the environmental protection of the
proposed new system with Innovative and Alternative technology that includes advanced nitrogen reducing
components for a cleaner output. This is the most up-to-date technology of nitrogen reduction for
environmentally sensitive areas.
The proposed plantings along the Top of Bank to provide protection to the resource areas where there is none at
this time. The mitigation of plantings will not have a negative effect on wildlife as we aren’t proposing an
impervious barrier such as a solid privacy fence at the Top of Bank, but providing native vegetation for a
positive environment of possible habitat for the wildlife. If the commission wishes, we could provide a low rail
fence landward along the plantings for additional protection of human foot traffic that will also allow wildlife
access through both the fence and vegetation.