HomeMy WebLinkAboutRiverwalk Park EENF-16623 Yarmouth - 12-9-22 - signed
MEMORANDUM
TO: Bethany A. Card, Secretary, EEA
ATTN: Eva Vaughan, MEPA Unit
FROM: Lisa Berry Engler, Director, CZM
DATE: December 9, 2022
RE: EEA-16623, Riverwalk Park, Boardwalk, and Event Space EENF, Yarmouth
The Massachusetts Office of Coastal Zone Management (CZM) has completed its review of
the above-referenced Expanded Environmental Notification Form (EENF) noticed in the
Environmental Monitor dated November 9, 2022 and offers the following comments.
Project Description
The project involves the redevelopment of a previously altered town-owned property adjacent
to Parkers River in Yarmouth. The site includes a 23-acre former drive-in property and 8 acres of the
Lewis Pond Marsh Conservation Area to the south. Work involves the redevelopment of the currently
vacant property and conversion into a public park. Proposed features include a central four-acre
grassed multi-use field area for periodic outdoor events; multiple walking paths throughout the
property; a nature-based play area for children with play structures; numerous artist shanties; a pile
supported boardwalk leading to a float for launching canoes, kayaks, and paddleboards and a
1,300 linear foot boardwalk loop over the salt marsh.
The project has received financial assistance from state agencies including a Seaport Economic
Council Grant of $1,000,000 and a Department of Conservation and Recreation award of $200,000 .
Other funding sources include a Local Community Preservation Act award for $3,700,000; a Local
Tourism Revenue Preservation Fund award for $100,000 and a Federal National Park Service award
for $956,000.
Project Comments
General Comments
The existing 23-acre former Yarmouth Drive-In movie parcel has been extensively altered and
is in a highly degraded condition. Existing conditions include a paved seven-acre clearing with a paved
driveway connecting to Route 28. The paved surface is degraded and crumbled with sparse vegetation.
Since the Drive-In’s closing, the property has been used by the Town for the temporary storage of
storm debris and as a temporary staging area for the construction of the nearby Parkers River Bridge
along Route 28. The riverfront portion of the property has been extensively altered from past uses
and is highly degraded. Numerous dirt roads, paths, and debris litter the area, and an existing driveway
leads to the Town-owned and operated upweller structure located on the west bank of the Parkers
River. The proposed project is an opportunity to restore and protect the coastal habitat and create
passive recreation opportunities. The entire site is within the coastal floodplain and categorized as
Land Subject to Coastal Storm Flowage (LSCSF). Other resource areas within the project site include
Land Under Ocean, Coastal Beach, Coastal Bank, and saltmarsh.
2
Land Subject to Coastal Flowage and Resiliency
The entire project site is located in an AE flood zone, elevation 13 and 11 NAVD 88, as
delineated on the Federal Emergency Management Agency Flood Insurance Rate Maps (FIRMs).
Additionally, most of the site is within the Moderate Wave Action area as delineated on the FIRMs
(aka Coastal A Zone), where 1.5 – 3-foot breaking waves are predicted in a 1% chance coastal storm
event. As such, floodwaters and waves will likely move across the site during coastal storm events.
Proposed fill, retaining walls, new impervious surfaces, and amenities on the site may change the way
these floodwaters move over the site. These potential impacts may increase in magnitude over time as
a result of sea level rise and anticipated increasing coastal storm frequency and intensity.
Understanding how the proposed design may modify the flow velocity, direction, depth, and extent
of flooding on the site may inform proposed design changes to ensure that the proposed project will
not exacerbate impacts associated with coastal storm events.
The project should not increase the velocity of flood waters and/or change flow directions on
the subject site in a way that may impact the site, adjacent properties, or public or private ways. The
EENF states that the grading plan has been designed to prevent flow onto adjacent properties . The
proponent should demonstrate in the EIR how the project has been designed to avoid increasing
potential impacts by conducting and providing a pre- and post-construction flow path analysis. No
additional survey is necessary to conduct this analysis because LIDAR data are available for the project
site. The analysis should include:
• A plan showing existing conditions including:
o Current topography
o Surface conditions (paved, vegetated, lawn, etc.)
o Buildings, walls, berms, etc. that may affect flow pathways or velocity of flow
(floodplain functions)
o Pathways that coastal flood waters may be expected to travel onto and off the
site based on topography and current site conditions
• A plan showing proposed conditions including:
o Topography resulting from proposed design changes, grading, and fill
o Proposed surface conditions
o Buildings, walls, berms, etc. that may affect flow pathways or velocity of flow
(floodplain functions)
o Pathways that coastal flood waters may be expected to travel onto and off the
site based on the proposed topography and site conditions
• A narrative comparing the existing to the proposed conditions and expected pathways,
noting any potential increases or changes in velocity, reflection, or channelization of
floodwaters within the site or onto adjacent parcels.
• A narrative describing how the proposed design of the site avoids, minimizes, or if
necessary, mitigates these potential impacts.
The project proposes a significant amount of impervious surface and porous pavement that
may change the ability of the floodplain to slow down floodwaters and all ow infiltration. The EIR
should evaluate alternatives that reduce the amount of impervious surface, increase vegetation, and
improve the ability of the floodplain to serve as a buffer from coastal flooding for adjacent
development and infrastructure, such as Route 28. More information regarding the functions of
3
LSCSF is detailed in Applying the Massachusetts Coastal Wetlands Regulations: A Practical Manual
for Conservation Commissions to Protect the Storm Damage Prevention and Flood Control
Functions of Coastal Resource Areas (aka the Coastal Manual). The functions of LSCSF are
specifically addressed on pages 2-37 – 2-42.
Habitat
Portions of the site, including the former Yarmouth Drive-In property, are modeled in the Sea
Level Affecting Marshes (SLAMM) model https://arcg.is/my90C0 as potentially suitable for marsh
migration. The proponent should consider areas of the project site that may support marsh migration
in the future and include flexibility in design to preserve marsh migration corridors and allow for
marsh migration to occur to the extent practicable.
The project proposes a crossing over a tidal creek with a span of 1.2 times the Mean High
Water (MHW) elevation. The EIR should include information on the proposed elevation of the
structure, the bankfull width of the tidal creek, and MHW on project design plans. Future sea level
rise should be considered and incorporated into the design of the crossing to maintain tidal flow over
the design life of the structure.
Federal Consistency Review
The proposed project is subject to CZM federal consistency review and must be found to be
consistent with CZM's enforceable program policies. For further information on this process, please
contact Robert Boeri, Project Review Coordinator, at robert.boeri@mass.gov, or visit the CZM
website at https://www.mass.gov/federal-consistency-review-program.
Cc: Laura Krause, Beta Groupe, Inc.
Robert L Whritenour Jr., Yarmouth Town Administrator
Brittany DiRienzo, Yarmouth Conservation Administrator
Steve McKenna, MACZM
Rebecca Haney, MACZM
Adrienne Pappal, MACZM