Loading...
HomeMy WebLinkAboutNOI applicationShorefront Consulting Professional Services on Land 2g}Centdr St., Dennis Port, MA 02639 508-280-8046 or At Sea www. shore frontconsulting . com shore fro ntc o n sulti ng@gmai I . c o m Yarmouth Conservation Commission April6,2023 Attn: Brittany DiRienzo 1146 Route 28 South Yarmouth, MA 02664-4492 By hand delivery and email Re: Notice of Intent Application Filins Packase; Proposed reconstruction of existing permitted pier, and float modifications in Bass River Aunt Edith's Road Association, Inc. 5 Aunt Edith Road South Yarmouth, MA 02664 Map 51, Parcel 96 On behalf of my clients, The Aunt Edith's Road Association, I am submitting (1) full size (24"x36") original plan and 7 copies, plus 1 copy of a Notice of Intent Application Filing Package, and three original checks for municipal filing for the above referenced project. Electronic copies of all documents will be emailed to the conservation office. The following items are enclosed: . Notice of Intent Application and NOI Fee Transmittal Form. Signed Administrative Checklist. Performance Standards Narrative, Alternatives Analysis, and Construction Protocol. Photographs of the site. Yarmouth USGS Map, Assessor Map 51, and Flood Map, identifoing locus. Check #642 for $476.50 made payable to the Commonwealth of Mass. for state share of DEP fee, (was sent directly to lockbox). Check #643 for $501.50 made payable to the Town of Yarmouth for town share of DEP fee. Check #644 for $326 made payable to the Town of Yarmouth for the town By-Law fee (Category 5, $2/lin. ft. for 163 ft., dock). Check #645 for $10.00 check made payable to the Town of Yarmouth for advertising fee ' Affidavit of Service, Abutter Notification Letter, Abutter List. Letter to the Waterways and Shellfish Advisory Commiffee, dated March 22,2023.. Shellfish survey results letter and Excel spreadsheet dated3l20l23 by John Lowell of the East Dennis Oyster Company. Shellfish survey results plan (8.5"x11"), by Shorefront Consulting, dated3/20123.. Plan entitled "Plan Showing Proposed Dock and Float Reconstruction", by Down Cape Engineering and Shorefront Consulting, dated 411123. Please schedule this filing for your April 20,2023 public hearing. If there are afly questions or concerns regarding this filing, please contact me as soon as possible. Sincerely, (\ Yar Mark Burgess B.S. Ocean Engineering Shorefront Consulting Enclosures: As Stated ca: Mass. DEP/SERO - Wetlands (by EDEP) Mass. Division of Marine Fisheries (by email) Aunt Edith's Association, Inc. (Applicants) Massachusetts Department of Environmental Provided by MassDEP: protection MassDEP File #: Bureau of Resource Protection - wetlands eDEP Transaction #:1532558 wpA Form 3 - Notice of rntent Citv/Town:YARMoUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, $40 A.General Information 1. ProjectLocation: a. Street Address 0 AUNT EDITH'S ROAD b. City/Town YARMOUTH c.ZipCode 02664 d. Latitude 41.65773N e. Longitude 70.191 15W f. Map/Plat # 51 g.Parcel/Lot # 96 2. Applicant: l-Individual lTOrganization a.FirstName AUNTEDITH'SROADASSOCIATION,INC. b.LastName c. Organization AUNT EDITH'S ROAD ASSOCIATION, INC. d. Mailing Address I AUNT EDITH'S ROAD e. City/Town YARMOUTH f. State MA g.ZipCode02664 h.PhoneNumber 774-292-7804 i.Fa,x j.Bnail amandacchomes@gmail.com 3Property Owner: l- more than one owner a.FirstName ALNTEDITH'SROADASSOCIATION,INC. b.LastName c. Organization AUNT EDITH'S ROAD ASSOCIATION, INC. d. Mailing Address I AUNT EDITI{'S ROAD e. City/Town YARMOUTI{ f.State MA g.ZipCode02664 h. PhoneNumber 774-292-7804 i. Fax jFmail amandacchomes@gmail.com 4Representative: a. FirstName 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.Fa,x j.Bnail shorefrontoonsulting@gmail.com 5.Total WPAFeePaid (Automdically inserted fromNOI WetlandFee Transmittal Form): a.Total Fee Paid 978.00 b.State Fee Paid 476.50 c.CitylTown Fee Paid 501.50 6.General Proj ect Desuiption: PROPOSED RECONSTRUCTION OF EXSTINGPERMITTED AND LICENSED PIERAND FLOATS 7a-Project Type: l.l- SingleFamilyHome 2. l- ResidentialSubdivision 3.l-LimitedProjectDrivewayCrossing 4. l-Commercial/Industrial 5.17 Dock/Pier 6. l- Utilities 7.t- Coastal Engineering Strucfire 8. l- Agriculture (eg., cranberries, foresty) 9.1- Transportation 10. l- Otirer 7b.Is any portion of the proposed activity eligible to be feated as a limited project subject to 310 CMR 10.24 (coastal) or 3 10 CMR 10.53 (inland)? Page I of7 * ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: protection MassDEP File #: Bureau of Resource Protection - Wetlands .DEPTransaction#:1532658 wpA Form 3 - Notice of rntent Citv/Town:YARMoUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, $40 1 . l- Yes F No If yes, describe which limiled project applies to this project: 2. Limited Project S.hoperty recorded at the Registry of Deeds for: a.County: b.Certificate: c.Book: d.Page: BARNSTABLE 6529 17 B. Buffer Zone & Resource Area Impacts (temporary & permanent) l.Buffer Zone & Resource Area Impacts (temporary & permanent): I- This is a Buffer Zone only project - Check if ttre 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 applicablg go to Section B.3. Coastal Resource Areas) Resource Area Size of Proposed Alteration Proposed Replacement (if any) a.f Bank b. f Bordering Vegetated Wetland c.l- Land under Waterbodies and Waterways 1. linear feet 1. square feet 1. Square feet 3. cubic yards dredged 1. square feet Z.linear feet 2. square feet 2. square feet d. l-- Bordering Land Subject to Flooding 2. square f'eet e. I-- Isolated Land Subject to Flooding 3. cubic feet of flood storage lost 4. cubic f-eet replaced 1. square feet 2. cubicfeetoffloodstoragelost 3. cubicfeetreplaced f 17 RiverfrontArea L Name of Waterway (if any) 2. Width of Riverfront Area (check one) f 25 ft. - Designated Densely Dweloped Areas only T 100 ft. -New agricultural projects only 17 200 ft. - All other projects 3. Total area of Riverfront Area on the site ofthe proposed project 3308 square feet 4. Proposed Alteration ofthe Riverlront Area: 151 lsl 0 a. total square feet b. square feet within 1 00 ft. c. square feet between I 00 ft. and 200 ft. 5. Has an altematives analysis been done and is it attached to this NOI? 17 Yesl- No Page 2 of 7 * ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Transaction #:1 532658 wPA Form 3 - Notice of rntent citv/Town:YARMourH Massachusetts Wetlands Protection Act M.G.L. c. l3l, $40 6. Was the lot where the activity is proposed ueated prior to August 1 . 1996? l7 Yes f- No 3.Coastal Resource Areas: (See 310 CMR 10.25 - 10.35) Resource Area Size of Proposed Alteration Proposed Replacement (if any) a.a Designated Port Areas Indicate size under b.l* Land {Jnder the Ocean 1262 l. square feet Land under the ocean below, 2. cubic yards dredged c. f- Barrier Beaches Indicate size under Coastal Beaches and/or Coatstal Dunes, below d. l7 Coastal Beaches 204 l. square feet 2. cubic yards beach nourishment e. [- Coastal Dunes 1. square feet 2. cubicyards dunenourishment f. f- Coastal Banks l. linear f'eet g.f Roctrqy Intertidal Shores 1. square feet h. l7 Salt Marshes 128 1. square feet 2. sq ft restoration, rehab, crea. i.l-- Land Under Salt Ponds 1. square feet 2. cubic yards dredged j. 17 Land Containing Shellfish 13 I 0 l. square feet k. f- Fish Runs Indicate size under Coastal Banks, tnland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1. cubic yards dredged l. 17 Land Subject to Coastal 48 Storm Flowage 1. square feet 4.Restoration /Enhancement f Restoration/Replacernent Ifthe project is fbr the purpose ofrestoring 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 f- Project Involves Strcams Crossings Ifthe project involves Stream Crossings. pleasd enter the number ofnew stream crossingVnumbel ofreplacement stream crossings. Page 3 of 7 * ELECTRONIC COPY Massachusetts Department of Environmental Providedby MassDEP: protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Transaction #:1532658 wpA Form 3 - Notice of rntent citv/Town:YARMourrl Massachusetts Wetlands Protection Act M.G.L. c. 131, $40 a. number of new stream crossings b. number ofreplacement 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 Statelisted Rare Wetland Wildlife published by the Natural Heritage of Endangered Species program (NHESP)? ^. [- Yes 17 No If yes, include proof of mailing or hand delivery ofNOI to: Natural Heritage and Endangered Species Program Division ofFisheries and Wildlife l RabbitHillRoad Westborough, MA 01581 b. Date of map:FROM MAP VIEWER Ifyes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18).... c. Submit Supplemer,tal Information for Endangered Species Review * (Check boxes as they apply) 1 . f- Percentag elacreage of property to be altered: (a) wiftin wetland Resource Area percentage/acreage (b) outsideResourceArea percentage/acreage 2.1- Assessor's Map or right-of-way plan of site 3.1- Projectplansforentireprojectsite,includingwetlandresourceareasandareasoutsideofwetlandjurisdiction,showing existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work ** a.l- Project description (including description of impacts outside ofwetland resource area & buffer zone) b. I- Photographs representative ofthe site c.l- MESA filing fee (fee information available at: ) Make check payable to "Natural Heritage & Endangered Species Fund" and mail to NHESP at above address Projects altering 10 or more aues of land, also submit: d. f- Vegetation cover type map of site e.l-- Project plans showing Priority & Estimated Habitat boundaries d. OR Check One of the following l.l- Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 cMR 10.14, species-act.html#10.14; theNOI must still be sentto NHESP ifthe project is within estimated habitat pursuantto 310 C\4R 10.37 and 10.59.) 2.1- Separate MESA review ongoing. a. NHESP TmckingNumber b. Date submitted to NHESP 3.f- Separate MESA review completed. Include copy ofNHESP "no Take" determination or valid Conservation & Management Permit with approved plan. Page4 of7 * ELECTRONIC COPY ' Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEPFile#: Bureau of Resource Protection - Wetlands eDEP Transaction #:1532658 wpA Form 3 - Notice of rntent citv/Town:YARMourH Massachusetts Wetlands Protection Act M.G.L. c. 131, $40 * Some projects not in Estimated Habitat may be located in Priority Habita! and require NIIESP review... 2. For coastal projects only, is any portion ofthe 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. lTYes l-No Ifyes, include proof of mailing or hand delivery ofNOI to either: South Shore - Cohasset to Rhode Island, and the Cape & Islands: North Shore - Hull to New Hampshire: Division ofMarine Fisheries - Division of Marine Fisheries - Southeast Marine Fisheries Station North Shore Office Ath: Environmental Reviewer Athr: Environmental Reviewer 836 S. Rodney French Blvd 30 Emerson Avenue New Bedford, MA02744 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)? a.l- Yes 17 No If yes, provide name of ACEC (see instructions to WPA Form 3 or DEP Website tbr ACEC locations). Note: electronic filers click on Website. b. ACECName 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. l-"1 Yes lTNo 5. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Weflands Reshiction Act (M.G.L.o. l3 l, $ 40A) or the Coastal Wetlands Restriction Act (M.G.L.o. 130, $ 105)? a. Iryes lFNo 6. Is this project subject to provisions ofthe MassDEP Stormwater Management Standards? a.l- Yes, Attach a copy of the Stormwater Report as required by the Stormwater Management Standards per 310 CMR 10.05(6Xk)-(q) and check if: l Applying for Low Impact Development (LID) site design credits (as described in Siormwater Management Handbook r vol.2, chapter 3) ,) ? A portion ofthe site consfitutes redwelopment ; Proprietary BMPs are included in the Stormwater Management System b.17 No, Explain why the project is er(empt: 1 I SinSleFamilyHome ,)-f Emergency Road Repair 3. Small Residential Subdivision (less than or equal to 4 singlefamily houses or less than or equal to 4 units in multi-family Page 5 of 7 x ELECTRONIC COPY " Massachusetts Department of Environmental Provided by MassDEP: protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Transaction #:1532658 wpA Form 3 - Notice of rntent citvffown:YARMoUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, $40 l- housing project) with no discharge to Critical Areas. D. Additional Information Applicants must include the following with this Notice of Intent (NOI). See instuctions for details. Online Users: Attach the document transaction number (provided on your receipt page) for any ofthe following information you submit to the Departrnent by regular mail delivery. I . USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information tbr the F Conservation Commission and the Deparfinent to locate the site. (Electronic filers may omit this item.) 2. Plans identiffing the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland 17 [BWV] replication area or other mitigating measure) relative to the boundaries of each affected resource area. 3. Identify the method for BVW and other resource area boundary delineations (MassDEP BWV Field Data Form(s). 17 Deteflnination of Applicability, Order of Resource Area Delineation, etc.), and attach documentation ofthe methodolory. 4. List the titles and dates for all plans ard other materials submitted with this NOI. F a. Plan Title: b. Plan Prepared By: c. Plan Signed/Stamped By: c. Revised Final Date: e. Scale: PLAN SHOV/ING PROPOSEDDOCK SHOREFRONT ANDFLOAT lo*arri^c DANIEL OJALA' P,E,' PLS 4/1123 t":20', RECONSTRUCTION 5. If there is more than one property owner, please attach a list of these property owners not listed on this form.r 6. Attach proof of mailing forNatru'al Heritage and Endangered Species Program, ifneeded. t- 7. Attach prrcof ofmailing fot Massachusetts Division of Marine Fisheries, if needed. F 8. Attach NOI Wetland Fee Transmittal Form. F 9. Attach Stormwater Report, if needed.r Page 6 of 7 * ELECTRONIC COPY " Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, $40 '' l"o Fee Exempt: No filing fee shall be assessed for projects of any city, town, county, or district ofthe Commonwealth, federally recognized Indian tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority. Applicants must submit the following information (in addition to pages I and 2 of the NOI Wetland Fee Transmittal Form) to confirm fee payment: Provided by MassDEP: MassDEP File #: eDEP Transaction #:1 532658 City/Town:YARMOIJTH 2. Municipal Check Nurnber G n .L 5 Check date 7 Payer llanle on check: LastName 4 State Check Nurnber a6q fl"([ Sb'ilL(r e.D F. Signatures and Submittal Requirements I hereby certifu under the penalties ofperjury that the foregoing Notice oflntent and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I understand that the Conservation Commission will place notification of this Notice in a local newspaper at the expense ofthe applicant in accordance with the wetlands regulations, 310 CMR l0 05(5)(a) Ifurtherbertilyunderpenaltiesofperjurythatall abutterswerenotifiedofthisapplication,pursuanttotherequirementsofMGL c l3l,g40 Notice mfrst be made by Qrtiflcate of Mailing or in writing by hand delivery or certified mail (return receipt requested) to all abutters within 100 f'eet of the 6 Payer narne on check: First Name of Appli 3lzs /rz 4. Date 6 Date For Conseruation Commission: Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents, two copies of the NOI Wetland Fee Transmittal Form, and the city/town fee payment, to the Conservation Commission by certified mail or hand delivery ForMassDEP: One copy of the completed Notice of Intent (Form 3), including supporting plans and documents, one copy of the NOI Wetland Fee Transmittal Form, and a copy of the state fee payment to the MassDEP Regional O{lice (see Instructions) by certilied mail or hand delivery. Other: Ifthe applicant has checked the "yes" box in Section C, Items 1-3, above, refer to that section and the Instructions for additional submittal requlrements. The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal ofthe Notice oflntent. of Property Owner(if difl-erent) 5 Signature o tative (if arry) -f Page 7 of 7 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEPFile#: wPA Form 3 - Notice of Wetland FeeTransmittal eDEPTransaction#:1532658 Form City/Town:YARMOIITH Massachusetts Wetlands Protection Act M.G.L. c. l3 l, $40 A. Applicant Information 1. Applicant: a.FirstName ATINTEDITH'SROADASSOCIATION,INC. b.LastName c. Organization AUI{T EDITH'S ROAD ASSOCIATION, INC. d. Mailing Address I AUNT EDITH'S ROAD e. City/Town YARMOUTH f. State MA g.ZipCode02664 h. Phone Number 7742927804 i. Fax j. Email amandacchomes@gmail.com 2.Property Owner:(if different) a.FirstName AUNTEDITH'SROADASSOCIATION,INC. b.LastName c. Organization AUNT EDITH'S ROAD ASSOCIATION, INC. d. Mailing Address 1 AUNT EDITH'S ROAD e. Cityffown YARMOUTH f.State MA g.ZipCode 02664 h. PhoneNumber 7742927804 i. Fax jEmail amandacchomes@gmail.com 3. ProjectLocation: a. Street Address 0 ALNT EDITH'S ROAD b. CitylTown YARMOUTH Are you exempted from Fee? f (YOU HAVE SELECTED'NO') Note: Fee will be exempted if you arc one of the following: . City/Tour/County/District o Municipal Housing Auflrority o Indian Tribe Housing Authority . MBTA State agencies are only exempt if the fee is less than $100 B. Fees Acfivity Type i::iT-"-. Activity Fee RF Muttiptier Sub TotalNumtrer A.) WORK ON DOCKS, PIERS, REVETMENTS, rc3 4.00 RFAMULTIPLIER 978.00DTKES, ETC. (CoASTAL oR INLAND). 163 4'00 t.5 CitylTown share of filling fee State shate of filing fee Total Project Fee $s01.s0 $476.s0 s978.00 Page I of I * ELECTRONIC COPY CONSERVATION OFFICE fuiniatnnlhte iat Af afice "l.Intmtvenaflql Jun unaltorr,; - All filings must be made on Town of Yarmouth forms. The filing deadline is two weeks prior to the next scheduled Conservation Commission meeting for new applications. Failure to follow this Checklist shall result in an Administratively lncomplete Application and will not be advertised for a Public Hearing. Refer to the meetins schedule. Contact the Conservation Office if you need assistance. Does the property have any outstanding/expired Orders of Conditions? lf so, please file a Request for Certiflcate of Compliance for each outstanding/expired Order, as the Commission may not issue a new Order until any outstanding/expired Orders have been closed and recorded. (*see page 2) copy filing dropped off or mailed to the Conservation Office including: 1 Administrative Checklist 1 NOI application with original signatures (double sided). Typed signatures will not be accepted. Hard \ 1 detailed narrative of the project including: existing & proposed conditions, construction sequence, type of equipment, staging locations, drainage and stormwater, erosion controls, invasive species management and alternative analysis. The narrative shall include how the project meets performance standards per 310 CMR 10.0 & TOY Wetland Bylaw, Chapter 143, BV\IV delineation sheets or other resour@ area calculations, and supporting information. 1 100' radius map, current abutters list identifying the property owners who are to be notified per 310 CMR 10.00and abutter notification form. Abutters list must be certified by the Town Assessor's office. The Assessor's office requires 7 days advance notice. All abutters must be notified via certified mail. Certified Mail Receipts (PS Form 3800) for all abutters. Green cards to be submitted at the hearing. 1 original and 7 copies of the plan, folded separately, right side out with title and project address visible. All plans shall reference NAVD1988 unless otherwise noted. Landscape plans shall be detailed to show proposed & existing conditions, native species, size and spacing. See olan requirements armouth's share of State filing fee. By-law filing fee: Separate check made payable to "Town of Yarmouth" (refer to NOI Wetland Fee Transmittal Form) Legal ad fee. Separate check made payable to "Town of Yarmouth" Separate check made payable to "Town of Yarmouth" se list project property's street address on checks. Refer to Fee Schedule DEP share of the fee (refer to NOI form) shall be sent to: Dept. of Environmental Protection Box 4062 Boston, MA 02211 Yarmouth Conservation Commission . I146 Route 28 . South Yarmouth, ll{02664-4492 Tel. (508)-398-2231 Ext.1288 . Fax (508)-398-0836 . TTD# (508) 398-2231 lea \ Rev 312023 Page 1 of 2 Digitalfiling emailed to bdirienzo@varmouth.ma.us and kbrooks@varmouth.ma.us including: pdf of the entire signed application, supporting information listed above, and plan. Please list project property's street address in the pdf file name. DEP Submitta! lf you are filing with MassDEP using eDEP, please include a copy of the submittal confirmation with your application. If not filing via eDEP, a copy of your application, plan, and all other supporting information must be sent VIA EMAIL the same day to DEP, Southeast Region at SERO_NOl@mass.gov with the subject line in the email per DEP's request listed as .YARMOUTH - NOI - Street Address - Applicant Name" and copied to bdirienzo@yarmouth.ma.us and kbrooks@varmouth.ma.us. We must receive a copy of this emailwith the application as proof that it has been submitted to DEP. lnitial below .fl8 I CERTIFY that all on-site requirements will be completed by noon on the Friday prior to the hearing date. All proposed structures must be staked, and all relevant resource areas and buffer zones must be staked or flagged. Please consult the Yarmouth Wetland Requlations, page 17. Without proper staking your project may be deemed incomplete and be continued to the next hearing date. lf Applicable Certified Mail Receipt for Massachusetts Natural Heritage and Endangered Species Program Certified Mail Receipt for Massachusetts Division of Marine Fisheries. lf filing via email, CC bdirienzo@yarmouth.ma.us and kbrooks@yarmouth. ma. us - -Waterway's jurisdiction - Any coastal projects such as, but not limited to, docks, piers, bulkheads, revetments, dredging and boardwalks shall require submittal of all Notice of lntent, plans and supplemental information to the Town of Yarmouth Waterways/Shellfish Committee via the Natural Resources office by certified mail or hand delivery. The applicant or his/her representative must provide the Conservation office proof that this has been done or the filing will not be accepted. Other Requirements o Does the proposed project meet the applicable regulations of the Town of Yarmouth Zoning bylaws? Do you need to file with the Yarmouth Board of Appeals? lf so, you must file with both boards at the same time. o lf a vacant lot, have you completed and received a determination for the Building Department for a lot inquiry form? *To view all Conservation files/permits for the propefi address online, go to www.varmouth.ma.us/LF Yarmouth Conservation Commission . 1146 Route 28 . South Yarmouth, MA02664-4492 Tel. (508)-398-2231 Ext.1288 . Fax (508)-398-0836 . TTD# (508) 398-2231 Rev 312023 Page 2 of 2 Notice of Intent Aunt Edith's Road Association, Inc., South Yarmouth Per{omance Standards Narrative, Alternatives Analysis, and Construction Protocol Property Description The property is located on the Bass Nver; a tidal river on Nantucket sound. The property is located on the west shore, approximately 1 mile inland from Nantucket Sound. The property is at the end of the street, fronts the house at27 Atxfi Edith's Road, and is a vacant lot for the association pier. The site has a gently sloping bank/slope from an existing lawn/path area to the waterfront. There is an existing vegetated buffer, some coastal beach, then salt marsh, and more coastal beach. There is an existing pier that is shared by the entire association, with an access ramp down the slope to the pier. The pier has been in place before 1971 (see aerial photo below), is quite low, and floods during seasonally high tides. The pier is in poor condition, missing several deck boards, etc. The existing floats have been in place for an unknown time, and most are ready for refurbishment. The project plan indicates that there is approximately 3.2feetat low tide under the floats. Permitting llistory The pier was permitted in 1989 by SE83-977, and licensed in 1990 (License 2256). An RDA was filed and accepted in 2020 for pile replacement that approved the current float configuration. To our knowledge, no work was done under that RDA, other than removing the southernmost float per the plan. There was no COC filed for the order, and a COC request is filed separately from this NOI to close out ttrat order. Since the order permitted existing conditions, the record plan for that order can serve as the Stamped Plan of Record for the COC. Further, the license plans and the RDA plan are all stamped, so they can also veriff the current configuration for the COC request. 1971 Historic Aerial Showing the pier as it existed then; (Red Arrow is Locus) Page 1 of 5 Notice of Intent Aunt Edith's Road Associatior, Inc., South Yarmouth Project Description - Proposed Work The purpose of the project is to apply and receive an Order of Conditions to completely reconstruct the existing pier, fixed landing, and all of the floats. The pier and landing will be raised up2.5 feet to provide additional clearance over the marsh and decrease flooding of the pier, eliminating the existing landward ramp, with no increase in the footprint. There will be two handrails installed, and grating installed for the decking area over the salt marsh. The pile spacing will be increased from 8 feet to 12 feet, reducing the number of piles by 6. The pile material has been chosen to be greenheart. The float configuration currently allowed by the 2020 RDA totals approximately 790 square feet, and consists of floats that are 6,7, and 8 feet wide. The current proposal is to modifl, or reconstruct the floats to be all 6 feet wide, with the exception of the outer 8'x20' float, which will be reconstructed in its original footprint. The floats will not extend further into the waterway than they do now. The resulting configuration will extend the floats to their current position to the north, maintaining 75 feetto the adjacent float to the north; same footprint, only 1 foot narrower. The southern floats will extend 54 feet to the south of the fixed landing (not including the ramp), and within 79 feet to the adjacent float to the south. No dredging is proposed for this project. The resulting configuration occupies 784 square feet; 6 square feet less than previously approved, and meets all the current setback and depth requirements of the Yarmouth regulations. The pier will remain in its licensed footprint, and qualifies for a "minor project modification" from DEP Waterways. A license amendment will be obtained from DEP Waterways for the updated float configuration. Resource Area Determination The project site is located on Bass River, a tidal river which flows to and from Nantucket Sound. Mean High Water and Mean Low Water elevations can be obtained from the Army Corps Profiles, (Tidal Profile #9), and indicate the elevations in NGVD which exist at the mouth of the river. The license plans show MLW in the same location as the current plans. However, the current MHW shown on the plans is approximately 22 feet landward of the location on the 1989 plans (which show MHW in NGVD datum, but also in a certain horizontal location). MHW was shown within the marsh, which may have been accurate at the time of the first permitting, but more recent data from tide gauges and other projects in the area show MHW at elevation of 1.8' and MLW at an elevation of -1.1' (NAVD88 Datum). The MLW location is the same as all of the previous plans. The updated MHW location is from historical data from previous projects along this portion ofthe river. Navigation The location of the existing floats will not extend further into the waterway than they do now. In fact, the inner floats will be located about 1 foot inland from where they do now. Therefore, there will be no impact to navigation along the waterway. Shelllish Survey A full shellfish survey was conducted on March 20,2023 to determine shellfish species, populations, and density present at the site. Two transects were sampled on the pier sides, and two transects were sampled along the float locations. According to the report, no live shellfish (Quahogs, Steamers, Littlenecks, or Oysters) were encountered anywhere in the survey area. There were, however "Sweet Meats" encountered in many sample locations. Please refer to the report enclosed with this NOI filing. Shellfish Mitigation Discussion The only silt producing activity for this project will be the pile removal and driving. All other work is above the water. The floats are constructed off-site and delivered (floated) to the site. Adequate measures can be taken when removing and installing the new piles to eliminate any silt production. Please refer to the construction protocol at the end of this narrative. Alternatives Analysis for the Riverfront Area (Discussion of Options) The project as proposed maintains and modifies and existing permitted pier and float configuration. As such, the following analysis is offered to describe the available options for this project. Option 1- Do nothing If nothing is done at this site, the pier will continue to deteriorate and create a safety hazard. There are already deck boards missing, and the remaining structure is in need of maintenance and repairs. Page 2 of 5 Notice of Intent Aunt Edith's Road Associatior, Inc., South Yarmouth Maintenance is required by the license. The existing floats are showing signs of wear, and are in need of replacement. The current proposal will bring the pier into current standards for the environment, and provide safe access to the river for the association. Thettdo nothing" option would lead to negative outcomes and endangerment, and would not be in conformance with the license, and is therefore not the desired or chosen option. Option 2: Reconstruct the pier exacfly as originally permitted. This option was not considered because the current pier floods at higher moon/storm tides, and therefore was unusable during those conditions. In addition, pile spacing of only 8 feet is no longer necessary with upgraded materials. Therefore, this option was not chosen. Option 3: Construct the pier with 5 feet over the entire salt marsh. This option was discussed with the association. It was determined that if the pier is raised to a height that provides 5 feet of clearance, the pier would be .6 feet higher than flre pier to the north, and severely limit G viewJ of the residents. It would also increase the cost due to ttre increased length of the required piles, and the additional time to drive them. The resulting height would also make the ramps to ttre floats, and especially the 8'x20' float very steep. This is not desirable because there is at least one individual in the association with limited mobility, and the steeper ramp would severely limit their ability to access the floats. An alternative would be to move the outer float seaward, and extend the ramp to compensate for the height. The float would have to be located further seaward, which is also not desirable. DEP Waterways requires that if a pier doesn't have 5 feet of clearance over a marsh, then lateral access steps can be provided to ensure adequate public access. It would appear from these regulations that DEP is satisfied with either option for ilearance over the salt marsh. The Division of Marine Fisheries (DMF) will almost certainly want the pier higher. However, DMF is not a regulatory entity, and the town of Yarmouth regulations (either existing or proposed) do not appear to have a height requirement over salt marshes; only deck spacing where this project is in compliance. The applicants chose to compromise the situation and raise the pier by 2.5 fee! providing 3.1' of clearance over the marsh area at MHW, and 5' of clearance at the outer edges of the marsh, provide grating over the marsh are4 provide the lateral access stairs, and reduce the number of piles by increasing the pile span. Since the pier could be reconstructed exactly as it is permitted, they chose to compromise and improve the current situation/conditions. Therefore, for three reasons (aesthetics, access, and navigation concerns), raising the pier up further was not the chosen option. Option 4: Raise the pier to provide 5 feet of clearance over the marsh, and then step it down to be 2 feet higher than existing once the pier is seaward of the salt marsh. Again, because of limited mobility of some of the residents, this option was not chosen because of aesthetics and access. The existing pier has a ramp leading down to the pier, and a smooth, level access to the ramps for the floats. When the pier is raised, the ramp will no longer be needed, as the new deck height should equal the grade at that point. Some of the residents using the pier, ramp, and floats, come from several hundred feet away, and use carts to bring their belongings out to the boats. Steps would further limit access with carts to the floats. Therefore,'this was not the chosen option. Option 5: Convert the pier to a monopile design: This option was discussed briefly. Because this pier is long, monopile piers tend to "wriggle" side to side, and ttris aotion gets inoreased as the pier gets longer. While we don't always walk swaying from side to side, a pier of this length would appear and feel unstable. Therefore, a monopile design for this location is not the desired option. Option 6: Project as proposed - This option provides the benefit of raising up the pier and reducing the number of piles, providing a benefit to the surounding resource a.reas, and balancing concerns. The revised float configuration provides the required slip spaces for the shared use, and does not encroach within curent regulations for surrounding adjacent floats. The reconstruction, as proposed will maintain safe passage and access to the floats for all individuals in the association. Proper construction protocols and best management practices will be utilized to eliminate negative impact to the surrounding resource areas, and can be permitted as proposed. Therefore, the project as proposed is the preferred and desired option. Page 3 of 5 Notice of Intent Aunt Edith's Road Association, Inc., South Yarmouth Performance Standards The project proposes the reconstruction of an exiting permitted pier, ramp, and float system. The areas affected by the project include Land Subject To Coastal Storm Flowage, Riverfront Area, Coastal Beach, Salt Marsh, Land Under Ocean and Land Containing Shellfish. Each resource area is addressed below separately. The project as proposed will not have any significant or perrnanent adverse effects to the surrounding resource areas as applied to both the Wetlands Protection Act and the Yarmouth Wetlands bylaws. Land Subject to Coastal Storm Flowage (LSCSF) - LSCSF is considered a resource area under 310 CMR 10, section 1 0.02 ( 1) d, and the Yarmouth Wetlands Protection Regulations, section 2. 1 0. The only work that is within LSCSF is the area of the pier reconstruction landward of the beach, on the slope, for the conversion of the existing ramp to a pier in that location. Any areas disturbed during implementation ofthe project will be returned to their pre-construction condition. No significant negative impacts to this interest are proposed either in the interim or during construction. Riverfront Area - The Riverfront area on this property is the area from MHW landward, which encompasses approximately 25 feet of the pierreconstruction and the public access stairs. This area is only within the 100-foot riverfront area buffer zone on this property. None of this work will impact the riverfront area itself. Please refer to the discussion ofproject alternative stated previously in this narrative. Coastal Beach - The area of coastal beach extends approximately 23 feet landward of the salt marsh, and 12 feet seaward of the salt marsh. The construction effort in this area is limited to the removal and installation of the piles. Proper construction protocols will be followed to eliminate potential impacts to this resource area. The construction will not change the role for the beach in storm damage prevention, flood control, or protection of wildlife habitat. The construction effort will also not change the volume or form of the beach sediments. The configuration will also not change the ability of the beach to respond to wave action, or the effect for any downdrift beach. The construction, as designed will have no adverse impacts to the coastal beach, and therefore meets the performance standards for work on a Coastal Beach. Therefore, the project as proposed can be permitted under 310 CMR 10.27 (1) through (7) and Yarmouth Wetlands Protection Regulations, section 2.02. Salt Marsh - The area of salt marsh extends approximately 32 feet under the existing pier. The pier will be raised upby 2 feet, thereby reducing any perceived impacts to the marsh. This is an improvement over existing conditions. The decking utilizes an approved To-inch spacing for the deck boards. Any potential impacts during construction would be temporary, and minimized as much as possible utilizing the construction protocols. Therefore, the project as proposed minimizes the impacts to this resource area to the extent practical, and can be permitted under 310 CMR 10.32 (5), and Yarmouth Wetlands Protection Regulations, section 2.05. Land Under the Ocean - The project construction in this area is limited to the pile replacement. The pile span has been reduced, which will reduce any potential impacts from the piles themselves. Proper construction protocols will be followed to eliminate potential impacts to the surrounding area. There are a total of 28 piles in this resource area. The piles are perrnanent and do not require seasonal removal. This allows for a single disturbance to the substrate during installation and eliminates future impacts due to seasonal installation and removal. The construction protocol prohibits bottoming of the working barge to avoid negative impacts to the bottom substrate. The floats are removed seasonally. Projects not included in 310 CMR 10.25(3) which affect land under the ocean shall if water-dependent, be designed and constructed, using best available measures, so as to minimize adverse effects, and if non-water-dependent, have no adverse effects, on marine fisheries habitat or wildlife habitat caused by alterations in water circulation, destruction of eelgrass (Zostera marina) or widgeon grass (Rupia maritina) beds, distribution of grain size, changes in water quality, including, but not limited to, other than natural fluctuations in the level of dissolved oxygen, temperature or turbidity, or the addition of pollutants; or alterations of shallow submerged lands with high densities of polychaetes, mollusks or macrophytic algae. The project, as proposed, has no significant or permanent adverse effects, and therefore can be conducted and permitted to minimize adverse effects to the listed interests in accordance with 310 CMR 10.25 (6), and Yarmouth Wetlands Protection Regulations, section 2.07. Page 4 of 5 Notice of Intent Aunt Edith's Road Association, Inc., South Yarmouth Land Containing Shellfish - The project as designed will not affect land containing shellfish. There were no significant species of shellfish found at the site, so therefore no mitigation or relocation of shellfish is anticipated. The pier is designed to reduce the amount of piles, and the floats provide sufficient clearance for the boats at all tides. The project as proposed minimizes any impacts to this resource. If proper construction protocols are followed, the project can be permitted as proposed without negative impacts to the shellfish resource. Therefore, the project can be permitted under 310 CMR 10.34 (4) through (8), and Yarmouth Wetlands Protection Regulations, section 2.08. CONSTRUCTION PROTOCOL The staging area for materials will be on the applicant's property and from a working barge. The work area shall be kept to a minimum. All equipment shall be stored on the applicant's property or the working barge when not in use. At no time shall the working barge come into contact with the river bottom. No heavy equipment is required or allowed on the beach. Any refuse material shall be removed from the area daily. A silt curtain or other method shall be used during any silt producing activity. A11 time of year (TOY) restrictions shall be strictly adhered to. The piles shall be reinstalled by mechanically driving them. tfjetting is used to initially set the pile, then proper protection against siltation shall be used. This can be a silt curtain, or large pipe or barrel around the pipe from the mudline to the surface of the water, or as approved by the conservation commission. Pre-Construction Meeting Prior to construction, a pre-construction meeting shall be held on-site with the Contractor, Property Owner (or owner's representative), and the Conservation Commission andlor agent. The purpose of the meeting is to clearly delineate the limits of work and access, as well as the stagingarea. 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. All disturbed vegetated areas shall be re-vegetated with similar native vegetation to match pre-construction conditions and the surrounding areas, or as determined during the pre-construction meeting To be discussed at this meeting: o Existing property conditions, necessary precautions to be taken by the Contractor; o Means and methods for construction; o Means and methods for siltation controls; o Necessarypost-constructionreparationsandconditions; o Procedure forpost-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, a post-construction meeting shall be held on-site with the Contractor, Property Owner (or owner's representative), and the Conservation Commission and/or agent. 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 ofconstruction, the staging areas, vegetated 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. Shellfi sh mitigation/relocation : Since there were no shellfish found at the site, it does not appear that shellfish mitigation in the form of side cast relocation, would be required. The potential impacts to shellfish are limited to the pile driving, where proper protocols are in place to eliminate any negative impacts to any shellfish. Therefore, it is not anticipated that shellfish mitigation will be required for this project. Page 5 of 5 /asp 1mLida”yfist : Hu 1 4X yd ;(MN d floats looking southerlyExistingDocklookinglandward ve 5 a4 \i 2)2 ne i 3 - [85 5.)ey] th)Tl 3 3 34000 if or o 1 N.ats Te yo 3 oe Existing outer ramp and 8'x20’float Existing Landing looking northerly Proposed Pier and Float Reconstruction—Aunt Edith’s Road Association,Map 51,Parcel 96 w/a4Lae rd SP 2 +5ha5 2, De BrQF114aaRA.gSv5&8Hoelgj »-<tr eT 1 Lge tg SF LY ER oe NS, OTHERWISE PROTECTED AREA ESTABLISHED 11/16/1991 (SEE CBRS LEGEND) —464 3000myp ZONE AE (EL 12) LIMIT OF MODERATE WAVE ACTIONBs Ld 0 v Poo ny BR La BT Te OF oN SY * ZONE AE (EL 12) ‘Town of Dennis 250005 41°39'22.5" 70°11"15" *01"™"E\zoNE AE (EL 13) MAP SCALE 1"=5005002500 1000BEEFg F——— FEE] M 150 0 150 300 =~ PANEL 0587J FLOOD INSURANCE RATE MAP BARNSTABLE COUNTY, MASSACHUSETTS (ALL JURISDICTIONS) PANEL 587 OF 875 (SEE MAP INDEX FOR FIRM PANEL LAYQUT) CONTAINS: COMMUNITY NUMBER~~PANEL SUFFIX DENNIS,TOWN OF 2500C5 0587 Jd YARMOUTE,TOWN OF 259015 0587 J -NOTE- THIS MAP :NCLUDES BOUNDARIES OF THE COASTAL BARRIER RESOURCES SYSTEM ESTABLISHED UNDER THE COASTAL BARRIER RESOURCES ACT OF 1952 AND/OR SU3SEQUENT ENABLING LEGISLATION. Notice to User:The Map Number shown below should be used when placing map orders;the Community Number shown above should be used on insurance applications for the subject community. MAP NUMBER 25001C0587J EFFECTIVE DATE JULY 16,2014 Federal Emergency Management Agency J This is an official FIRMette showing a portion of the above-referenced flaod map created from the MSC FIRMette Web tool.This map does not reflect changes or amendments which may have been made subsequent to the date on the title block.For additional information about how to make sure the map is current,please see the Flood Hazard Mapping Updates Overview Fact Sheet available on the FEMA Flood Map Service Center home page at https://msc.fema.gov. Shorefront Shorefront Consulting Professional Services on Land 290 Center St., Dennis Port, MA 02639 508-280-9046 or At Sea www. shorefrontc onsulting . com sho re fro ntc o n sul ting@gmai I . c om April 6,2023 AFFIDAVIT OF SERVICE, Massachusetts Wetlands Protection Act M.G.L., CH 131, Sec.40 I, Mark Burgess, of Shorefront Consulting, hereby certifu under the pains and penalties of perjury that on April 6, 2023,I sent notification to abutters, in compliance with the second paragraph of Massachusetts General Laws, Chapter 13 1, 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 the Aunt Edith's Road Association, Inc. with the Yarmouth Conservation Commission on April 6, 2023 for the property located at 0 Aunt Edith's Road, Map 51 Parcel 96 in Yarmouth, MA. The project is for the reconstruction of the existing pier and float system. 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, Mark Burgess Shorefront Consulting Enclosures: As Stated Yarmouth Conservation Commission Aunt Edith's Road Association (Applicants) Shorefront Consulting Professional Services on Land or At Sea 290 Center St., Dennis Port, MA 02639 www.shorefrontconsulting.com508-280-8046 shorefrontconsulting@gmail.com NOTIFICATION TO ABUTTERS UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT & TOWN OFYARMOUTH WETLAND BY.LAW, CHAPTER 143 ln 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 Aunt Edith's Road Association. lnc. B. The applicant has filed a Notice of lntent 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 s. 40 & Town of Yarmouth Wetland By-Law, Chapter 143). C. The address of the lot where the activity is proposed is 0 Aunt Edith's Road D. Proposed work is E. Copies of the Notice of lntent 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) 398-223L ext. 1288. F. Copies of the Notice of lntent may be obtained from either the applicant or applicant's representative. Applicant's phone number Or Applicant's representatives phone number s08-280-8046 G. lnformation regarding the date, time and place of the public hearing may be obtained by calling the Yarmouth Conservation Commission office at (508) 398-223L ext. 1288 H. Person sending this notification (applicant, representative or other) Name Mark Burgess, Shorefront Consultine Address 290 Center Street Town Dennis Port State MA zip 02639 Telephone 508-280-8046 NOTES: o Meeting will be held both in person and by remote means; contact the town for login information. o Notice of the public hearing, including date, time and place will be published at least five (5)days in advance in the Register. r 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. o You may also contact the Southeast Regional Office of the Department of Environmental Protection at (508) 946-2800 for more information about this application. Please use this signature to certify this list of properties abutting within 100' of the parcel located at: 0 Aunt Ediths Rd,, South Yarmouth, MA 02664 51t 97t I I WILLSEY LANGE WILLSEY PAMELA Jl NEWBROOK CIR CHESTNUT HILL , MA 02167 51t 96/ I I AUNT EDITH'S RD ASSOC INC C/O HOLLY BRODERICK 1 AUNT EDITHS RD SOUTH YARMOUTH , MA 02664 51t 102.11 t I HAGGERTY MARK RUSSO.HAGGERTY JEANNE 85 COLTS CROSSING GANTON , MA 02021 I Assessors Map 51, Lot 96 l-q,: us Andy lfrachado, Director of Assessing March 27,2023 Professional Services on Land or At Sea www. shorefrontconsulting . c om shore fro ntc on sulti fig@gmai I . c o m Yarmouth Waterways and Shellfish Advisory Committee March 22,2023 Attn: William Bonnetti 424Route28 South Yarmouth, MA 02664 By hand delivery Re: Waterwavs Application Filine Packaee Proposed reconstruction of existing permitted pier, and float modifications in Bass River Aunt Edith's Road Association, Inc. 5 Aunt Edith Road South Yarmouth, MA 02664 Map 51, Parcel 96 On behalf of my clients, The Aunt Edith's Road Association, I am submitting (6) full size (24"x36") copies of the project plan and supplemental information for the above mentioned project. Electronic copies of all documents will be emailed to the Natural Resources office. The following items are enclosed: 1) Plan entitled "Plan Showing Proposed Dock and Float Reconstruction", by Down Cape Engineering and Shorefront Consulting, dated 3116123. 2) Shellfish survey results letter and Excel spreadsheet dated 3120123 by John Lowell of the East Dennis Oyster Company 3) Shellfish survey results plan (8.5" x 11"), by Shorefront Consulting, dated 3120123. The purpose of the project is to completely reconstruct the existing permitted dock and floats. The pier has some damaged deck boards, and it has been a long time since any maintenance was performed. The pier will be completely reconstructed, raised up 2 feet higher, and will have access steps on both sides for lateral public access. The pile spans will be increased from 8 feet to 12 feet, reducing the number of piles required. The float piles will remain, but two will require relocation for the new float configuration. The floats will also be replaced with similar floats, but in a slightly different configuration than exists now. None of the floats will extend further into the waterway. The plan indicates that there is at least 3 feet of water at low tide on the seaward side of the floats. No dredging is proposed for this project. The Shellfish survey was performed on March 20,2023, with the results tabulated and shown in the shellfish grid plan attached to this filing. There were 2 transects surveyed on the pier, and two for the floats. No live shellfish were found in any plots. There were some holes on the beach that appeared to be predated by ducks, but no live shellfish (Quahogs, Oysters, Littlenecks, Steamers, etc.) were found in any of the plots on the beach or in the deep water. The reason for this is unknown, but perhaps seed can not populate in this area due to the tidal current. Therefore, it is anticipated that there will be no shellfish mitigation required with this project, since there's no shellfish to relocate. Please review this information and schedule this for your April L0,2023 public hearing. If there are any questions or concerns regarding this information, please contact me as soon as possible. Sincerely, t\Yar Mark Burgess Shorefront Consulting B.S. Ocean Engineering Enclosures: As Stated cc: Aunt Edith's Road Association (Applicants) Shorefront Consulting 290 Center St., Dennis Port, MA 02639 508-280-8046 John Lowell P. O Box 501 South Dennis, MA 02660 March 20,2023 TO: Conservation Commission FROM: John Lowell SUBJECT: Shellfish Survey, 5 AUNT EDITHS ROAD SOUTH YARMOUTH MA SURVEY DATE: 3120123 CREDENTIALS AND EXPERIENCE of SURVEYOR: o Shellfishing is the surveyor's full time occupation, and he has been shellfishing on Cape Cod since 1983 o Has held commercial and family licenses since the mid-90's o Aquaculture permit since 2003o Interstate Wholesale Dealer license since 2006 o Shellfish Committee member for Town of Dennis since 2004 . Shellfish surveys and relays for the Town of Dennis since 2006 I John Lowell P. O Box 501 South Dennis, MA 02660 SITE LOCATION:5 AUNT EDITHS ROAD SOUTH YARMOUTH MA DATE: 3120123 TIDE: Low, going WEATHER: 45 degrees, partly cloudy, windy SW SITE CONDITIONS The site consists of an existing lawn on top of the coastal bank down to approx. MHW. There is an existing wooden dock with pilings for a float. Intertidal beach is sand with marsh grass. Below the marsh grass some steamer holes were noted. A lot of holes were noted and believed to have been predated by ducks. Beyond this area no shellfish were encountered. A large population of "sweet meats" and "slipper shells" were noted in the survey ilea. TECHNIQUE SUBTIDAL 46 sample plots were established l0' apart laterally and 10' apart heading out from the end of dock. The samples were achieved using a ll2" standard quahog rake for the majority, and dug approximately 6 inches deep. A few of the plots required a longer ll2" quahog rake. SHELLFISH SURVEY PLOT RESULTS 3/20/23 5 AUNT EDITHS ROAD SO.YARMOUTH TRANSECT# PLOT#P 0 N M L i K J |H 10 0 0 0 0 0 0 0 9 0 0 0 0 0 0 0 8 7 6 5 a 3 2 1 KEY OY =OYSTER SHACK =DEAD SHELL CH =CHERRYSTONE Q =QUAHOG LN =LITTLENECK SEED =QUOHOG SEEDLING (<1") o EXISTI N G PIE/R, RAMPS AN D FLOATS; Ll gEN SE #22s6 SEBS-977/ ENTIRE PIER TO BE RECOXSTRUCTED IN LACE; AISE UP 2 FEET. EXI STI NG PtLtNc (TYP.) EXIST. 16' X t TO NEAREST FLOAT SHELLFISH SAMPLE PLOTS; 30 ALONG FLOATS, 16 ALONG DOCK; TOTAL SAMPLE PLOTS +6 / SHELLFISH SHELLFISH SURVEY GRID FOUND IN GRID "s 75' TO N EAREST FLOAT SHELLFISH GRID l"=20' FI 8 16 / / / / / SCALE 1" - 20' SHEET 1 OF 1 MARCH 20, 2023 PI-,AN SHOWING SHELLFISH SURVEY RESULTS FOR AUNT EDITH,S ASSOCIATION 5 AUNT EDITH,S ROAD SOUTH YARMOUTH, MASS. SHOREFRONT CONSULTING 290 CENTER STREET DENNISPORT, MA 02639 508 -280-8046 S HO REFRONTCO NSU LTI NG@G MAI L. COM I E I !;.:· // ..... / /.<· /;_.-II I I • •• •I I I I I / / �"1I ro NLARE:':i I' /- • • • • ,;__·-·0/ • •{;j • fr ± • • • • • • • • •• ,,...-�---r,,.·-----,,-----------­• • • • • • ' •••• • •• • I • • • 8"5'<NC "' L."' f>IER/fLOA SYSTEM UC.#22 SE83-977 • j '\..l 27{8007.51 E.·013880.55 / / AERIAL. SITE PLAN / / / j / / / X /l<o __ _....... __ L.----·-L____. ___ ,::_/__.__.,._/ ___ , - SITE PLAN (EXISTING) 10 s n 10 20 40 I I ; I I I 1•-20 +32'± SALT MARSH USE GRATING OVER MARSH23'± COASTAL BEACH -1-12'± COASTAL + BEACH LAND UNDER OCEAN ORIGINAL 141'± DOCK; DECK ELEVATION 3.3' I ' ) / I / I I LSCSF + RAMP; TO BE (REMOVED) + I STRUCTURES EXTEND 142'+ BEYOND MHW - 00- I � :,: 10 ::, - .1: 5--3.1 '±' Cl z z 0 0 I 0 -_J _J iD iD V I I 0+25 0 +00.00 -I / EXISTING DOCK TO BE RECONSTRUC TED ANO RAISED UP II � 2.5 FEET; DECK HEIGH T TO BE 5.8' ::, II II I II I II II II II II II II II I II ,1r 11 1, 1, II II z C) 0 z _J s " •••• • • • • • • • • • ••••••••• "' 0 z z C, I 0 0 0 z _J I 0 I V -v -._J I -I w iD I-0+50 O+ 75 -1+00 I " z -12· TYP -0 _J 0 SECTION A-A ELEVATION DETAIL (PROPOSED) s 2·5 0 5 10 1 11•10 II II II II II II •• • • • • •• • •••••••• I I (') 1+25 (') z z 0 0 _J _J + + N N -12 TYP - 20 I II II ? �/'_/ _// .. • • • • . . I 7'± I • • • • . _. •I·�• t,j ·.±·�. .::, •• • • • 142' ± TO NEAREST FLOAT / • •• • • • • • • • • • • • EXISTING Pl , RAMPS AND FLOATS; U ENSE #2256SE83-977· ENTIRE PIER TO BE RECO STRUCTED IN PLACE; AISE UP 2.5 FEET. SITE PLAN (PROPOSED) 1 r ! f 1r T T 1'•2.(7 I FIXED --PLATFORM � II II II II � - / ALL FLOAT ANCHOR PILES TO BE 30' LONG (TYP) l--REPOS1T10NED 2.5'X1 o· RAMP 8'X20' FLOAT TO REMAIN; (O THER � FLOATS NOR TH AND SOUTH NOT - SHOWN FOR CLARITY) � 1 MHW -,.a·- - -5 -••••••••• • • • • • • •••• .-, , , , , ..J___, , �L.W,,, 1,,1: ..-.....,. , , , -'± 3.2'+ O• ' •I I I . 1+50 1+ 75 (') L') (') z z z " 0 0 0 z 2+00 _J 12' _J _J 0 _J ... MINIMUM ....+ 0 N N PENETRATION __l_ V 10 0 / 75' TO NEAREST FLOAT ...._ / i----4' DECK WIDTH-.-; RECESSED DECKING W/ 3/4" SPACING; OVERLAP 1" L[G[ND MHW MEAN HIGH WATER MlW MEAN LOW WATER -2--ELEVATION CONTOUR PROPERTY LINE • • • • LIMIT OF WORK/ACCESS 2"x6" RAILING CAP 4"x4" POST BOLTED THROUGH YOKES AND JOISTS (TYP) (4)3"x8"STRINGERS r-W=:::=:;:;:==;:::;:::+�J.-1.--,..---3/4" THROUGH-BOLTS (TYP) == .. • • --i.-3"xa" YOKE; (2) TYP. • 3"x8" CROSS BRACING, (TYP) ��7".,c.::f--t--*" THROUGH BOLT WITH -DOCK WASHERS (TYP) 1 O" GREEN HEART PILE (INSTALL sun END DOWN, TYP) �----f--t--t-lNSTALL SCREW ANCHOR ATEACH BENT BEYOND MHW TO PREVENT ICE UPLIFT DOCK S[CTION 8-B [L[VA TION D[TAIL .5 0 2 4 2"x6" RAILING /CAP TYP B -•----. �------< •f-"'-=:--------' 4"x4" POST--� 2"x4" RAILING TYP 5/8" THROUGH BOLT TYP 3"x8" YOKE; (2)TYP. 5/4"x6" DECKING W/ *" SPACING; OVERLAP 1" (TYP) STRINGERS �--�*" THROUGH BOLT WITH DOCK WASHERS (TYP) __.-3"x8" CROSS BRACING, (TYP) 1 O" GREEN HEART OR FIBERGLASS PILES (TYP) B .. DOCK SECTION A-A £LEVA TION DETAIL 5 D 2 4 ; ,./ I q. ' . .,. -.. 11 ' •.... 9 f KEY MAP SURVEY NOTES: RECORD 0\./NER, AUNT EDITH'S ROAD ASSOCIATION INC. 0 AUNT EDITH'S ROAD SOUTH YARMOU TH, MA 02664 ASSESSORS SAP 91, PARCEL 96 DEED BOOK 6529, PAGE 17 PLAN BOOK 184, PAGE 131 NO SCALE PROPERTY LIES WITHIN RESIDENTIAL ZONE R40. PROPERTY LINES DEPICTED HEREON ARE BASED ON A FIELD SURVEY BY DOWN CAPE ENGINEERING IN JANUARY 2023 AND COMPILED FROM PLANS ON RECORD RECORDED IN THE B.A.RNSTABLE COUNTY REGISTRY OF DEEDS. WORK AREA APPEARS TO LIE WITHIN FLOOD ZONE VE (EL. 13') . REMAINDER OF SITE LIES WITHIN ZONE, AE (El. 11' NAVD 88) PER FIRM PANEL #587j OF 875, COMMUNITY MAP NUMBER 25001C0587J EFFECTIVE DATE JULY 16, 2014 AS SHOWN ON THE FEMA ON-LINE DATA BASE DATUM FOR ALL ELEVATIONS = NAVO 88 MEAN HIGH WATER � 1.8' NAVO 88 MEAN LOW WATER � -1. 1 NAVO 88 THE PROJECT IS NOT WITHIN AN NHESP BOUNDARY AND IS THEREFORE NOT SUBJET TO MESA REVIEW TOTAL FLOAT SQUARE FOOTAGE PRE\.10USl Y APPROVED � 790 TOTAL FLOAT SQUARE FOOTAGE PROPOSED � 784 J 11=2.1 CONSTRUCTION NOTES: NO PART OF THIS DRAWING MAY BE USED BY ANY PARTY WITHOUT THE EXPRESS WRITTEN CONSENT OF SHOREFRONT CONSULTING AND DOWN CAPE ENGINEERING, INC. 1 . ELEVATIONS REFER TO NAVD 88. CONTACT DOWN CAPE ENGINEERING FOR ADDITIONAL ELEVATION INFORMATION AS NEEDED 2.CONSTRUCTION ACCESS SHALL BE VIA THE ACCESS ROUTE SHOWN ON THE PLAN AND DIRECTLYOVER THE APPLICANT'S PROPERTY AND FROM A WORKING BARGE. 3.THE WORK ACTIVITY SHALL OCCUPY A MINIMUM AREA TO ACCOMPLISH THE IN STALLATION OF THEPROPOSED WORK. EQUIPMENT AND MATERIALS HANDLING SHALL BE IN ACCORDANCE WITH THEWORK PROTOCOL SUBMITIED WITH THE NOTICE OF INTENT, THE RESULTING ORDER OF CONDITIONSAND AS DIRECTED BY THE YARMOUTH CONSERVATION AUTHORITIES. 4, THE DOCK RECONSTRUCTION SHALL BE ACCOMPLISHED FROM A WORKING BARGE AS MUCH AS PRACTICAL. AT NO TIME SHALL THE WORKING BARGE COME IN CONTACT WITH THE MARSH. 5.MATERIALS AND EQUIPMENT SHALL BE STORED ON THE APPLICANT'S PROPERTY OR A WORKINGBARGE DURING TIMES OF HIGH TIDE AND WHEN NOT IN USE. WORKING BARGE TO BE ANCHORcDTO AVOID BOTIOMING OUT DURING PERIODS OF LOW TIDE, 6, PILES SHALL BE DRIVEN TO THE DEPTHS SPECIFIED ON THE PLAN. IF DESIGN EMBEDMENT CAN NOT BE REACHED, SHOREFRONT CONSULTING SHALL BE CONTACTED BEFORE PROCEEDING. PILES SHALL BE MECHANICALLY DRIVEN FROM THE WORKING BARGE. EACH BENT BEYOND MHW SHALL BE ANCHORED TO THE BOTIOM WITH A HELICAL OR MANTA STYLE ANCHOR FOR PROTECTION OF ICE UPLIFT. 7.ALL AREAS DISTIJRBED DURING CONSTRUCTION SHALL BE RETURNED TO THEIR PRE-CONST RUCTIONCONDITION. All WORK SHALL BE INSPECTED BY SHOREFRONT CONSULTING AND RECEIVE APPROVALBEFORE REMOVING EQUIPMENT FROM THE SITE. 8, THE ACCESS ROUTE AND WORK SITE SHALL BE CLEANED AND RESTORED TO RESEMBLE THE PRE-CONSTRUCTION CONTOURS AND CONDITIONS. 9.THE CONTRAC TOR SHALL OBTAIN A COPY OF THE ORDER OF CONDITIONS ISSUED FOR THE PROJECTBY THE YARMOUTH CONSERVATION COMMISSION PRIOR TO THE START OF ANY WORK. 1 0. All HARDWARE SHALL BE GALVANIZED OR STAINLESS STEEL, UNLESS OTHERWISE APPROVED BY OWNER OR SHOREFRONT CONSULTING. 11.GR A TIN G SH ALL BE USED FOR DECKING OVER THE AREA OF SALT MARSH. DCE #20-062 ... PLAN SHOWING PROPOSED DOCK AND FLOAT RECONSTRUCTION "' """"' NO. SC-227 sou AS SHO\\N -4/1/23 MCB AUNT EDITH'S ASSOCIATION, INC. """'"""""�"'---=o:=.,!o ...... .... DOWN CAPE ENGINEERING 939 MAIN STREET YARMOUTHPORT, MA 02675 (508)362-4541 SHOREFRONT CONSUL TING 290 CENTI:R S1REET DENNIS PORT, MA, 02639 (508)280-8046 WWW.SHOREFRONTCONSULTING.COM AUNT EDITH.DWG C-1 J Of J """"