Revised Plan TransmittalCAPE COD ENGINEERING, INC.
Robert M. Perry, P.E.
P.O. Box 1517
East Dennis, MA 02641
Tel 508-385-1445 / Fax 508-385-1446
bobperr_y cr,capecod.net
March 29, 2023
Town of Yarmouth
Conservation Commission
1146 Route 28
South Yarmouth, MA 02664
RE: 62A Pleasant Street, South Yarmouth - NOI SE83-2371
To the Conservation Commission,
A plan redated to March 28, 2023 is included revised to show two mitigation planting
areas and two trees to replace the one near the dwelling. The mitigation planting notes
appearing on the plan provide planting guidance for the two mitigation areas.
The January 5, 2023 hearing also addressed the topic of the Riverfront Area. The NOI
application tried to focus on the similarity the project had with "minor projects" as those
projects are defined in 310CMR 10.02 (b) 2., also referenced in the RA performance
standards 310CMR 10.58. The Town of Yarmouth Wetland regulations were reviewed
in the application as well. The proposed project is on the margin of being a "minor
project" as defined, exempt from RA performance standards. The ambiguity results from
the language of 10.02 b.2. below. The mean annual high-water line is not applicable, a
very minor, discontinuous Coastal Bank exists resulting from a low crested stone
revetment project and the Salt Marsh is a technical form of BVW and is further from the
activity than the minor Coastal Bank. Never- the — less, the project's relationship to the
Yarmouth regulations allows for evaluation relating to the 35 ft. minimum setback for
small projects, the general condition of the buffer and the interest of the Commission in
mitigation. Mitigation relative to the RA may not be applicable given the language
relating to minor projects' exemption of 10.02.b.2.(e) excerpted below:
"e. The conversion of lawn to uses accessory to residential structures such as decks,
sheds, patios, pools, replacement of a basement bulkhead and the installation of a
ramp for compliance with accessibility requirements, provided the activity,
including material staging and stockpiling is located more than 50 feet from the
mean annual high-water line within the Riverfront Area, Bank or from Bordering
Vegetated Wetland, whichever is farther, and erosion and sedimentation controls
are implemented during construction. The conversion of such uses accessory to
existing single family houses to lawn is also allowed. (Mowing of lawns is not subject
to jurisdiction under 310 CMR 10.00);"
In response to the Commission's interest in an RA degraded land area accounting, the
initial project scope did not focus on the entire site because of the minor project
relationship. The following is a summary of existing degraded area on the site.
• Driveways on locus — 1,646 s.f.
• Door stoops, covered and uncovered — 105 s.f.
• Walks = 85 s.f.
• Existing house — 3,410 s.f.
• Accessory Building — 675 s.f.
• Porch, decks and patios — 880 s.f.
• Total — 6, 801 s.f.
The lot was created in 1970 with the lot area of approximately 28,314 s.f. within the RA.
The building on locus dates to 1880 with subsequent improvements and additions. There
is no necessity to parse the language of the regulations however for general discussion,
10.58 (6) indicates that any project for which a building permit was obtained prior to
1996 in general, prior to implementation of the Rivers Protection Act, is exempt from the
RA performance standards. This concept may be of interest in deciding if an accounting
of the current development degraded area is relevant to the pool project as it may not be a
"redevelopment" project. Regardless, the combination of factors: marginality as a
possible "minor project", the project location with respect to the local Yarmouth Wetland
Regulations' limits, provision of 2 to 1 mitigation, the project warrants favorable
reception and approval.
Please contact me directly with any questions. Thank you for your assistance with this
project.
Sincerely,
Cape Co eering, Inc.
Robert erry