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Home My WebLink AboutNOI application WRS Engineering LLC 67 Stetson Street Hyannis, MA 02601 508-776-0956 royokurowski@gmail.com May 4, 2023 By Hand Delivery Conservation Commission 1146 Route 28 South Yarmouth, MA 02664 Re: Jeffrey Cutter Notice of Intent Application Package Resource Improvement 33 Prince Road Yarmouth, MA Map 29 Parcel 91 On behalf of our client, Jeffrey Cutter, we are submitting 1 original and 7 copies of a proposed mitigation plan for your review, including a Notice of Intent application filing package and administrative checklist. Please schedule this for the May 18, 2023 public hearing. If you have any questions or require additional information, please give our office a call. Thank you. Sincerely, WRS Engineering LLC Roy E. Okurowski P.E. 1 d Mitigation proposal related to enforcement order Mitigation proposal related to enforcement order posal related to enforcement order Mitigation proposal NOTICE OF INTENT FILING LING Filing Date: 5/04/23 Filing Date: 3/23/23 Filing Date: 3/23/23 33 Prince Road Yarmouth, MA Prepared by: WRS Engineering 33 Prince Road Yarmouth, MA Prepared by: WRS Engineering 33 Prince Road Yarmouth, MA Prepared by: WRS Engineering Mr. Jeffrey Cutter Mr. Jeffrey Cutter Mr. Jeffrey Cutter Mr. Jeffrey Cutter Jeffrey Cutter – NOI 33 Prince Road 5/04/23 2 Table of Contents 1. eDEP online filing application including original owner signature 2. Town of Yarmouth Administrative Checklist for NOI 3. Existing and Proposed Conditions narrative 4. Construction Sequence narrative (equipment, staging locations, etc.) 5. Alternatives Analysis narrative 6. Performance standard narrative (310 CMR 10.00 and Town of Yarmouth Wetland Bylaw Chapter 143 7. Certified abutters list and Notice to Abutters 8. Additional information (research, deeds, licenses, tax assessors card) 9. Certified mail receipts 10. Copies of checks 11. 1 original and 7 copies of Notice of Intent Plan Jeffrey Cutter – NOI 33 Prince Road 5/04/23 3 Property Description The property is located adjacent to Mill Creek on the northern shoreline off Lewis Bay. The property is located within the buffer zone to coastal beach, salt marsh, land subject to coastal storm flowage and coastal bank. Portions of the property are located within a FEMA mapped VE EL 13 and Zone AE EL 11 as shown on the most recent FEMA map 25001C0569J effective date 7/16/2014. The site contains a 19,602 SF lot with a single family dwelling built in 1936. There is an existing rock and mortar licensed seawall and wooden dock that accesses the shoreline. Project Description This notice of intent filing has been filed in accordance with requirements set forth in an enforcement order issued by the Yarmouth Conservation Commission on 2/10/22 related to SE 83-1186. The enforcement order was triggered when the applicant applied for a Certificate of Compliance for the prior OOC and was found to have discrepancies between the approved plans and what existed at the site. The main components of the enforcement were the following: - Failure to complete work according to the approved plan. The permitted float size is 16’x8’ for a total of 128 SF. The current float size is approximately 30’x8’ plus two floats at 8’x5’ for a total SF of approximately 320 SF. Jeffrey Cutter – NOI 33 Prince Road 5/04/23 4 - Carrying out work without approval of the conservation commission. Removal of buffer vegetation, deck and patio expansion within the buffer zone to a coastal bank and coastal beach. The findings of the enforcement order dictate that the owner shall submit an after-the-fact filing for the expansion of deck, removal of unpermitted patio and replanting with native buffer vegetation. In addition, mitigation plantings at 2:1 along the top of bank. To comply with this enforcement order, this proposal includes the removal of the unpermitted patio and replanting with native buffer vegetation in excess of the requirements of the 2:1 stated in the enforcement. This proposal includes the following: - Removal of 80 SF of patio at the edge of the coastal bank that will be replanted with native grasses and shrubs - Removal of invasive/non native Rosa Rugosa along the top of coastal bank and replanted with native grass mixture and combination of Bayberry, Beach plum and Frangrant Sumac. - Removal of the (2) 8’x5’ finger floats (removed already) - Permitting the 30’x8’ float instead of 16’x8’ float. - Total required mitigation at 2:1 is 626 SF, this proposal incorporates 996 SF of mitigation which far exceeds the requirements. The Cutter’s have occupied the property since the early 1970’s and have been diligent stewards of the area throughout their ownership and continue to be. Instead of removing the 30’x8’ float we feel it would be more detrimental to the area to disturb and replace the existing float that has been there for years. It’s only 40 SF over the Commission’s policy and would be a burden on the homeowner in excess of $15,000 to replace it for little, if any environmental benefit. Hence is why we increased the proposed mitigation. Performance Standards Since this is a mitigation project and resource enhancement only, the resource areas associated with the project are buffer zone and Land Subject to Coastal Storm Flowage. Please see below (3) for performance standards of LSCSF. 2.10 Land Subject to Coastal Storm Flowage (1) Preamble: Land subject to coastal storm flowage are areas subject to coastal flooding during moderate and severe weather conditions. Projects that occur within these areas are likely to have adverse impacts on the following interests: (a) Flood Control (b) Storm Damage Prevention (c) Prevention of Pollution (d) Public Water Supply (e) Private Water Supply (f) Land Containing Shellfish (g) Wildlife (h) Wildlife Habitat (i) Protection of Groundwater Supply and Quality Jeffrey Cutter – NOI 33 Prince Road 5/04/23 5 (j) Protection of Fisheries Land subject to coastal storm flowage has the potential to provide Yarmouth a profound service. When coastal conditions are not the norm during extreme high tides and hurricanes for example, the ability of the land to absorb flood waters and to buffer more inland areas from flood and wave damage is imperative. Since the floodplain contains areas, (as well as other wetland resources), in which the water table is close to the surface, during a coastal storm, pollutants in the floodplain, including the contents of septic systems and fuel tanks, are likely to affect public and private water supply, groundwater quality, wildlife and wildlife habitat, fisheries and shellfish. Storm damage prevention, as one of the interests protected under the By-law, also come into play in the floodplain. Direct and collateral damage can occur to man made structures in the floodplain area caused by wave impacts and inundation by floodwaters and storm driven debris. Approved at Public Meeting December 1st 2016, published December 12th, 2016 38 (2) Definition: “Land Subject to Coastal Storm Flowage” are areas that extend up-gradient or landward from the ocean and the ocean’s estuaries to a point where the maximum lateral extent of floodwater will theoretically terminate based upon the 100 year frequency storm. Said boundary shall be the relevant 100 year storm elevation referenced within the latest available Flood Insurance Rate Maps provided by the Federal Emergency Management Agency. (3) Performance Standards: Any activity within land subject to coastal storm flowage which will result in the building upon, removing, filling or altering land within 300 feet of a major estuary defined in section 1.04 of these regulations shall meet the following requirements. Notwithstanding this section 2.10, (3), beach nourishment and coastal engineering projects such as bulkheads and seawalls may be allowed if they meet all other performance in these regulations. (a) Existing septic system and cesspool repairs will be allowed provided they substantially meet all Title 5 and local Board of Health thresholds. Not applicable to this project. (b) All groundwater elevations shall incorporate seasonable adjustments if test holes and or leaching components are 100 feet or closer from major estuaries. Not applicable to this project. (c) Any proposed deck, shed, or other similar structure must be securely anchored to a footing or foundation. Not applicable to this project. Alternatives Analysis Option 1: Do nothing – Not an option because this is an enforcement order filing and is a requirement to perform some type of remedial action. Jeffrey Cutter – NOI 33 Prince Road 5/04/23 6 Option 2: Mitigate only at 2:1. This is a viable option, but the homeowner has agreed to provide more mitigation in lieu of trying to maintain his existing dock. Option 3: Mitigate at 2:1 and remove existing 30’x8’ float and install new 16’x8’ float. This would cause more disturbance to the resource area and would be a major financial burden on the property owner that would not outweigh the environmental benefits. Construction Protocol The proposed work shall be performed with the minimum amount of equipment necessary to follow through with the project objectives. All plantings and patio removal to be done by hand. Staging areas for the vegetation will be on the owner’s upland property only and accessed from the driveway. Pre-construction Meeting Prior to construction, a pre-construction meeting shall be held on-site with the Contractor, Property Owner, Conservation Commission and/or agent, and the Project Manager (WRS Engineering LLC). The purpose of the meeting is to clearly delineate the limits of work and access, as well as the staging area. 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. To be discussed at the meeting: - Existing property conditions, necessary precautions to be taken by the Contractor; - Means and methods for construction; - Necessary post-construction remedial efforts - Procedure for post construction inspection; - WRS Engineering’s responsibilities for inspections 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, but prior to equipment being removed from the site, a post- construction meeting shall be held on-site with the Contractor, Property Owner, Conservation Commission and/or Agent, and the Project Manager (WRS Engineering LLC). 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 of construction any and all 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. All disturbed marsh or vegetated areas shall be re- vegetated with indigenous or grass vegetation to match pre-construction conditions for the surrounding areas, or as determined during the preconstruction meeting. 29/ 91/ / / CUTTER PRINCE RLTY TRUST 33 PRINCE RD WEST YARMOUTH , MA 02673 29/ 92/ / / TOWN OF YARMOUTH 1146 ROUTE 28 SOUTH YARMOUTH , MA 02664 29/ 83/ / / STONE DAVID R C/O STONE DAVID R TR 58 PARKER RD WELLESLEY , MA 02482 29/ 86/ / / TOMAIOLO PHYLLIS M 9 TUSCAN PL SHREWSBURY , MA 01545-2207 29/ 85/ / / TOMAIOLO PHYLLIS M 9 TUSCAN PL SHREWSBURY , MA 01545-2207 29/ 84/ / / KENDALL DAVID A TR SMITH NANCY F TR 32 PRINCE RD WEST YARMOUTH , MA 02673 29/ 90/ / / ZORZI PETER A ZORZI MADELINE R 45 PRINCE RD WEST YARMOUTH , MA 02673 NOTIFICATION TO ABUTTERS UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT & TOWN OF YARMOUTH WETLAND BY-LAW, CHAPTER 143 In 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 ______Jeffrey Cutter_____________________________________ B. The applicant has filed a Notice of Intent 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 _____33 Prince Road______________ D. Proposed work is ________Resource Area Improvement/Mitigation_____________________ ____________________________________________________________________________ E. Copies of the Notice of Intent 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) 398-2231 ext. 1288. F. Copies of the Notice of Intent may be obtained from either the applicant or applicant’s representative. Applicant’s phone number _____________________________________ Or Applicant’s representatives phone number _______508-776-0956_____________________ G. Information regarding the date, time and place of the public hearing may be obtained by calling the Yarmouth Conservation Commission office at (508) 398-2231 ext. 1288 H. Person sending this notification (applicant, representative or other) Name _________Roy Okurowski, WRS Engineering LLC_________________________ Address ________67 Stetson Street________________________________ Town ____Hyannis_____________ State __MA_____ Zip __02601_______ Telephone _______508-776-0956________________________________ NOTES : • Notice of the public hearing, including date, time and place will be published at least five (5) days in advance in a newspaper of general circulation. • 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. • You may also contact the Southeast Regional Office of the Department of Environmental Protection at (508) 946-2800 for more information about this application. National Flood Hazard Layer FIRMette 0 500 1,000 1,500 2,000250 Feet Ü SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT SPECIAL FLOOD HAZARD AREAS Without Base Flood Elevation (BFE) Zone A, V, A99 With BFE or DepthZone AE, AO, AH, VE, AR Regulatory Floodway 0.2% Annual Chance Flood Hazard, Areas of 1% annual chance flood with average depth less than one foot or with drainage areas of less than one square mileZone X Future Conditions 1% Annual Chance Flood HazardZone X Area with Reduced Flood Risk due to Levee. See Notes.Zone X Area with Flood Risk due to LeveeZone D NO SCREEN Area of Minimal Flood Hazard Zone X Area of Undetermined Flood HazardZone D Channel, Culvert, or Storm Sewer Levee, Dike, or Floodwall Cross Sections with 1% Annual Chance 17.5 Water Surface Elevation Coastal Transect Coastal Transect Baseline Profile Baseline Hydrographic Feature Base Flood Elevation Line (BFE) Effective LOMRs Limit of Study Jurisdiction Boundary Digital Data Available No Digital Data Available Unmapped This map complies with FEMA's standards for the use of digital flood maps if it is not void as described below. The basemap shown complies with FEMA's basemap accuracy standards The flood hazard information is derived directly from the authoritative NFHL web services provided by FEMA. This map was exported on 5/2/2023 at 9:32 PM and does not reflect changes or amendments subsequent to this date and time. The NFHL and effective information may change or become superseded by new data over time. This map image is void if the one or more of the following map elements do not appear: basemap imagery, flood zone labels, legend, scale bar, map creation date, community identifiers, FIRM panel number, and FIRM effective date. Map images for unmapped and unmodernized areas cannot be used for regulatory purposes. Legend OTHER AREAS OF FLOOD HAZARD OTHER AREAS GENERAL STRUCTURES OTHER FEATURES MAP PANELS 8 B 20.2 The pin displayed on the map is an approximate point selected by the user and does not represent an authoritative property location. 1:6,000 70°15'48"W 41°39'12"N 70°15'11"W 41°38'45"N Basemap: USGS National Map: Orthoimagery: Data refreshed October, 2020 N O T N O T A N A N O F F I C I A L O F F I C I A L C O P Y C O P Y N O T N O T A N A N O F F I C I A L O F F I C I A L C O P Y C O P Y N O T N O T A N A N O F F I C I A L O F F I C I A L C O P Y C O P Y N O T N O T A N A N O F F I C I A L O F F I C I A L C O P Y C O P Y N O T N O T A N A N O F F I C I A L O F F I C I A L C O P Y C O P Y N O T N O T A N A N O F F I C I A L O F F I C I A L C O P Y C O P Y N O T N O T A N A N O F F I C I A L O F F I C I A L C O P Y C O P Y N O T N O T A N A N O F F I C I A L O F F I C I A L C O P Y C O P Y EXISTING 8'X30'FLOATING DOCK(TO BE PERMITTED)APPROXIMATE PROPERTY LINEAPPROXIMATE PROPERTY LINEMLW 0.0-1.0-2.0-3.01.02.0-4.0-3.0-2.0-1.01.02.05.0MHW 3.05.04.06.07.0TWO (2) 8'X5' FLOATINGDOCKS HAVE BEEN REMOVEDPER ENFORCEMENT ORDEREXISTINGDWELLINGEXISTING LICENSEDPIER TO REMAINSEE REFERENCE NOTEEXISTING VIOLATIONS.DECK:114 SF AND PATIO: 167 SFTO BE PERMITTED WITH MITIGATIONPROPOSING TO REMOVE A 5'X16'STRIP OF PATIO TO INCREASE BUFFER420 SFEXISTINGSALT MARSHEXISTINGSALT MARSHPROPOSED MITIGATION AREASSEE NOTES AND PICTURES FORMORE DETAILSMAP 29 PARCEL 90N/F PETER A ANDMADELINE R ZORZI45 PRINCE ROADMAP 29 PARCEL 92N/F TOWN OFYARMOUTHMLW 0.0 T.O.C.B. EXISTING BOULDER BULKHEAD (MHW FORCED)2.0576 SF(5' Buffer plantings)REMOVE 16'x5' OFPATIO (80 SF)KEY MAPNO SCALEPROSA RUGOSAAND 16'X5' PATIOTO BE REMOVEDAND REPLACEDWITH SHRUBS/GRASSESROSA RUGOSATO BE REMOVEDAND TO BE PLANTEDWITH SHRUBS ANDGRASS/WILDFLOWER MIXAS DESCRIBED ABOVENOT FOR CONSTRUCTION - PERMITTING PURPOSES ONLYMITIGATION AREA TABLEITEMVIOLATIONAREAPROPOSEDREMOVALAREAREMAININGREQ'DMITIGATIONPROPOSEDMITIGATIONPATIO167 SF80 SF87 SF174 SF332 SFDECK114 SF0 SF114 SF228 SF332 SFFLOAT192 SF80 SF (2FINGERFLOATS)112 SF224 SF332 SFTOTALS313 SF626 SF996 SF