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HomeMy WebLinkAboutNOI Narrative Notice of Intent 62A Pleasant Street, South Yarmouth Proposed Lap Pool The area subject to this Notice of Intent is land in South Yarmouth off North Cove Landing with an older established address of “62 A” Pleasant St., a cross street with North Cove Landing. Please see the locus maps for the exact location. The site is a residential yard containing a single-family dwelling and small detached garage. Open lawn area with foundation shrubs surrounds the house. The parcel of land borders on the shore of Bass River, a tidal river. The landform has terrain elevations ranging up to elev. = 11. A low-crested stone revetment provides buttressing protection along a lower slope nearer to the river shore. The land slope evaluation allows for a conclusion that the segment of the coast along the location of the stone revetment and also along an unprotected land slope nearer to North Cove landing can be classified as a discontinuous, low form of Coastal Bank per the DEP 92-1 Policy on Coastal Banks. Yarmouth Wetland Regulations would define the site as not having a Coastal bank landform due to the requirement that the top of the Coastal Bank is the first discernable break in slope above the 100 year flood elevation. The site is below the flood elevation and the site upland is quite level with no discernable break in slope above the flood elevation. Other Coastal Wetland Resource Areas related to the project include Salt Marsh, Riverfront Area and Land Subject to Coastal Storm Flow, (FEMA-mapped AE (LMWA) flood zone with flood elevation = 12. A 0.2% / year flood zone is landward of the AE zone. The flood zone elevation exceeds the small, armored coastal bank elevation. The 50 ft. buffer zone is indicated on the site plan as measured from the Salt Marsh, which is a continuous, relevant Coastal Wetland. The Proposed Project The proposed project involves construction of a narrow lap swimming pool in the location indicated on the attached site plan. The work area is readily confined and it is a relatively small project within an existing turf lawn area. The location is as close to the building as is practical. This location is within an existing turf lawn area of level terrain with minimal exposure for runoff especially when controlled by the silt fence. The small pool drawdown pit and pool equipment area are proposed in a direction more distant from the resources. A work limit of a recommended 12-inch straw wattle, staked and flagged for visibility and effectiveness shall be set in place as shown to confine the work activity. Soil excavation shall be managed specifically to remove soil as it is excavated to a location near the driveway for lading offsite. Limited soil remaining for backfill and topsoil shall be stockpiled in the outer buffer near the driveway. Access shall be direct across the lawn from North Cove Landing / driveway over the existing lawn. 310 CMR 10.00 Wetlands Evaluation. From our evaluation of the work activity in this buffer zone, based upon the project specifics: level ground within existing turf lawn, a managed work limit, 42 ft. distance top the low profile revetment, e.g. Coastal Bank, we conclude that no adverse effects will result to the armored coastal bank, nearby buffer zone or other coastal resources such as the Salt Marsh or flood zone. The work shall be separated from the bank and the marsh by a sufficient distance to logically avoid translated effects. The bank is fortified with a minimum-sized seawall furthering its integrity. Mass DEP Regulations 310 CMR 10.02 B.1. hold that “minor projects” such as structures and features accessory to a single-family home, (such pools qualify in that group), if located within a lawn area and greater than 50 ft. to the wetland resources, e.g. BVW or Coastal Bank, are deemed not to require the filing of a Notice of Intent. It is in this context that we evaluate the subject project. The project qualifies with respect to distance from the Salt Marsh but it is 42 ft. to the DEP 92-1 Coastal Bank. This 8 ft. difference of distance to the bank top is addressed by emphasizing the benefit of a Notice of Intent filing with a resulting Order of Conditions to properly regulate the work activity. We submit that the controls and security afforded by the Order of Conditions, not required with the project 8 ft. further. adequately compensate for the fact that the pool feature will be 42 ft. from an armored bank instead of 50 ft. to an unarmored bank. Yarmouth Regulations - Yarmouth Wetland Regulations 1.09 (4) d. Setbacks. (2) offers a reduced setback for small accessory features: “(2) Minor structures such as sheds, decks and small additions may be allowed closer than 50 feet to a Resource Area but no closer than 35 feet.” The proposed narrow lap pool can fit into the “such as” clause and does not cause for a significant visual effect as an addition or a shed due to the “ at grade” elevation. The land between the proposed pool and the bank is not the kind that would be offset by the 8 ft. variation. The distance exceeds the 35 ft. minimum. 310 CMR.10.58 -Riverfront Area and Performance Standards. The entire lot is within the RA with a total RA land area of 28,314 s.f.. The lot was created prior to 1996. 10 % of the RA on site is approximately 2,831 s.f. The total land area alteration of the pool is 360 s.f. or 1.3 % of the RA. The 100 ft. RA contains the location of the lot which best accommodates the pool feature. Other locations beyond the 100 ft. RA were considered and for several reasons the location selected is preferred. The limited alternative locations included large trees that shade the zone, whereas the tree nearest the proposed location is deemed a threat to the building and is proposed for necessary removal, creating an optimal location for the facility. A general alternatives review, commensurate with the scope of the project, is as follows: The 360 s.f. pool projection is intended to be an independent feature within the existing lawn zone. The proposed lap pool is among the smallest size of swimming pools. A series of alternatives for size and location of the pool result in similar conditions relating to impacts to the local grounds. Logically a larger, more common -sized pool will create greater disruption and related activity but the alterations, earthwork, access, type of activity are similar. The alternative of a smaller pool or a larger pool were evaluated and the pool as proposed was most acceptable because a smaller pool does not serve the project purpose for lap swimming and a larger pool is not desired. The series of location alternatives only differ in impact to resource areas with respect to the distance to the coastal wetland resources, Coastal Bank and Salt Marsh. Given the site conditions as a lawn area in each location and the project purpose the distance to the resource itself does not translate to graduated levels of impact to the 8 interests of the Wetland Act with respect to the wetland resource areas. In fact, the RA performance standards hold that “minor projects” as defined in 310 CMR 10.02, of which the small pool can be included, are presumed to meet the RA performance standards of 310 CMR 10.58. The distance to the Salt Marsh exceeds 50 ft. and the 42 ft. separation distance to the discontinuous, non- eroding, armored Coastal Bank can be reasoned to be less of a threat to the subject C. Bank then a similar project, exceeding 50 ft. distance to an unstable, eroding, unarmored C. Bank which would be presumed to meet relevant performance standards.