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HomeMy WebLinkAboutProject narratives - CRUZ1 d Proposed pier and lift NOTICE OF INTENT FILING Filing Date: 6/22/23 52 Prince Road Yarmouth, MA Prepared by: WRS Engineering Paul and Nancy Cruz Paul and Nancy Cruz – NOI 52 Prince Road 6/22/23 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. Shellfish survey results and report 7. Performance standard narrative (310 CMR 10.00 and Town of Yarmouth Wetland Bylaw Chapter 143 8. Certified abutters list and Notice to Abutters 9. Additional information (research, deeds, tax assessors card) 10. Certified mail receipts 11. Copies of checks 12. 1 original and 7 copies of Notice of Intent Plan Paul and Nancy Cruz – NOI 52 Prince Road 6/22/23 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, land containing shellfish and coastal bank (manmade bulkhead). Portions of the property are located within a FEMA mapped Zone AE EL 13 as shown on the most recent FEMA map 25001C0569J effective date 7/16/2014. The site contains a 15,517 SF lot with a single family dwelling recently renovated. There is an existing bulkhead with multiple stairways that access the shoreline. Project Description The purpose of this project is to install a new elevated pile supported dock and mechanical lift. (Note: No float or dredging will be required). In addition, 2 small stairways that lead down to the beach (shown on plan) are proposed to be replaced. This Notice of Intent filing proposes the construction of a new pile supported dock and mechanical lift with no float, extending 77.3' seaward of Mean High Water (MHW). The existing dock to the West was a similar type of project and has the highest population of healthy shellfish in the area. The structure will be a wood pile supported structure with a mechanical lift Paul and Nancy Cruz – NOI 52 Prince Road 6/22/23 4 with no float or dredging proposed. The boat lift will be placed on the outer end of the pier and incorporate an ‘auto stop’ to prevent the lift framework from being any lower than 3’ above the existing natural grade. The construction equipment anticipated for the project will be a small barge with a crane and an impact or vibratory hammer that will be utilized to drive the piles. The barge will be used at high tide as to not ground out at low tides. To our knowledge the proposed dock meets all of the requirements set forth in the town bylaw for docks and floats, and current DEP regulations with one exception. We do actually meet the requirement for 3' of water within 80' of mean high water. We propose to request a waiver to move the dock in approximately 3' shoreward in order to keep the float aligned with the existing floats in the area. Additionally the lift design and it’s auto stop features will eliminate any concerns for bottoming of the boat and its aluminum frame support system. The pier construction project is similar to the dock to the west that was previously permitted and constructed. We note that there are existing moorings in this area that have not been approved by the proper authorities and the moorings have been observed in various locations, since they are not specifically fixed and are frequently relocated at will. Resource Area Determination The project site is located on the North shoreline of the salt creek off Lewis Bay. Mean High Water and Mean Low Water were calculated based on the nearest tidal benchmark and mapping of the salt marsh and compared against other similar projects in the area. 310 CMR State Performance Standards The project proposes the construction of a pile supported wood dock and mechanical lift that extends from the existing bulkhead to the lift as shown on the project plans. The areas directly affected by the project are salt marsh, coastal bank, LSCSF, coastal beach, and an area containing shellfish. The project as proposed will not have any adverse effects to the surrounding resource areas which include the areas listed above.310 CMR 10, sections 10.21 through 10.37. The work proposed in this area consists of driving some piles to anchor the dock/lift. The area consists of the coastal beach, land containing shellfish, land under ocean, salt marsh. Therefore, the project as proposed can be permitted under 310 CMR 10.30 (6) through (8). Salt Marsh – Both types of high and low marsh were encountered and are shown on the project plans. A minimum number of proposed pilings will be driven around the salt marsh. The height of the dock is the required minimum over the marsh, with 3/4 deck board spacing as to not prohibit sunlight from reaching the marsh. Therefore, the project as proposed can be permitted under 310 CMR 10.32 (5). Coastal Beach – A portion of the dock is within a coastal beach area. The disturbance to the coastal beach consists of reconstructing wood pilings to support the dock. The disturbance to the area from the construction effort is expected to be minimal. The project will not change the role for the beach in storm damage prevention, flood control, or protection of wildlife habitat. The piles also will not change the volume or form of the beach sediments, the ability of the beach to respond to wave action, or the effect for any down drift beach. Therefore, the project as proposed will not have any significant adverse impacts to the coastal beach can be permitted under 310 CMR 10.27 (1) through (7). Land Containing Shellfish – A portion of the dock is within land containing shellfish. The disturbance to the area consists of constructing wood pilings to support the dock and the lift. Paul and Nancy Cruz – NOI 52 Prince Road 6/22/23 5 The lift will not be less than the required height above the bottom at low tide. The disturbance to the area from the construction effort is expected to be minimal and will not adversely effect any shellfish. The project will not change what is relative to the bottom substrate, and therefore have no significant impact to the following interests: alterations of water circulation, alterations in the distribution of sediment grain size, alterations from natural drainage from adjacent land, or changes in water quality. This includes but is not limited to, fluctuations in level of salinity, dissolved oxygen, nutrients, temperature and turbidity, or the addition of pollutants. Therefore, the project as proposed will not have any significant adverse impacts to the coastal beach can be permitted under 310 CMR 10.34 (4) through (7). Town of Yarmouth Performance Standards 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 (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. Paul and Nancy Cruz – NOI 52 Prince Road 6/22/23 6 (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. (a) Docks and Piers (1) Piers shall be constructed to minimize the blocking of sunlight to shellfish beds and grasses. Piers should have planks running across the width with minimum spaces of approximately ¾ inches between planks, and be a maximum of four feet wide. We meet this criteria. (2) Piers shall not require the elimination of existing public or commercial moorings. Piers and or vessels moored thereto shall not project into or impede navigation to and from a channel, pier/dock, boat ramp, mooring area, town landing, town dock, or commercial marina. We positioned the pier to not impede on navigation or mooring fields. (3) Piers shall not be constructed so as to interfere with any longstanding public recreational use of the waterway, e.g., an area used by sailboats tacking through a narrow waterway, an area used by boaters or others because of unique wind or current conditions, a structure that would interfere with public access to or from a way to water, nor impact town beaches and swimming areas. Not extending out far enough to interfere with channel. (4) Public right of passage by foot across the beach in the intertidal zone, where permitted for purposes of fishing and fowling under the Public Trusts Doctrine of the Colonial Ordinance, shall be maintained. Paul and Nancy Cruz – NOI 52 Prince Road 6/22/23 7 There is a 4’ minimum clearance for passage during most tidal cycles. MHW is forced against existing bulkhead. (5) The base of the pier shall be as close as possible to the center line of the lot, and it shall project outwards at an angle as nearly perpendicular to the shoreline as possible. We meet this criteria. (6) The project plans and documentation shall include the following: Approved at Public Meeting December 1st 2016, published December 12th, 2016 18 (a) Soundings shall be taken within two hundred (200) feet (seaward and lateral boundary) of the dock/pier, to the closest marked or recognized navigable channel. Depth shall be measured to the top surface of soft sediments. Soundings shall be of sufficient density to allow the exact determination of water depths around the proposed pier and floats, and to the closest navigable channel. The soundings shall show the MLW and MLLW in the areas where the proposed boat will be berthed. (b) Eel grass beds (seaward and lateral boundary) within one hundred (100) feet of the project. Did you notice during your survey? No eel grass beds were discovered during the hydrographic survey nor the shellfish survey. Please refer to vicinity plan on soundings more than 200 feet from proposed pier. (c) Marked or recognized navigation channels within two hundred (200) feet of the pier. (d) Identify existing public or commercial mooring or navigational aids, within two hundred (200) feet (seaward and/or lateral boundary) of the pier. A recent aerial photograph taken during the summer boating season may be used for this purpose if desired. How do we retrieve this information Please refer to vicinity plan. (e) Location of existing town, commercial or private piers, Town Landings. Town ways to water, and public or private beaches within two hundred (200) feet of pier. Please refer to vicinity plan. (f) Shellfish propagation or relay areas within two hundred (200) feet of project, (data to be obtained from Town of Yarmouth Natural Resources Department). Not referenced in Shellfish Report. (g) A description of all materials to be used and a narrative describing the implementation of the project including methods of approach by construction equipment, and the method of construction, including the method of pile installation. Please refer to project narrative. Paul and Nancy Cruz – NOI 52 Prince Road 6/22/23 8 (h) When near shellfish habitat, the type of precautions used to insure the barge and equipment used will not damage shellfish habitat. (i) Where the structure is seasonal or includes seasonal floats, a statement indicating the site for winter storage and the method of hauling. (j) Data shall be supplied to the Commission showing the time and date of the depth survey, the existing weather conditions, the state of the tide and the actual depths measured from water surface to the bottom. The methodology used to determine MLW, MLLW and MHW shall be given. NAV88 referencing 0 as MLW. (k) A shellfish survey conducted by a qualified marine or shellfish biologist or other acceptable environmental professional to be approved by the Shellfish Constable including written results, plan and methodology. A minimum of three (3) transects spaced every eight (8) feet shall be performed from mean high water to a minimum of thirty (30) feet beyond the structure and shall extend a minimum of twenty (20) feet beyond the Approved at Public Meeting December 1st 2016, published December 12th, 2016 19 widest portion of the structure. Each sample shall be a four (4) feet by four (4) feet square spaced every ten (10) feet Please refer to shellfish survey and report. (7) Lights on piers, except lights necessary for safe navigation, shall be directed downwards and shielded so as not to impair vision of persons navigating in the area, and to avoid disturbing abutting property owners and potentially disrupting wildlife behavior. Will comply. (8) The project shall be clearly identified and staked or marked with a buoy at pier end, at the time of submission, so that town personnel may inspect the site. Completed. See picture. Paul and Nancy Cruz – NOI 52 Prince Road 6/22/23 9 (9) Common “shared-use” docks/piers are encouraged as a way of preserving access by shorefront property owners while reducing the overall number of docks and piers that might be otherwise permitted. A common “shared-use” dock/pier is a water-dependent structure serving two or more contiguous waterfront properties where each of the contiguous lots would qualify for an individual private dock. They may include abutting properties with deeded or trust rights to the waterfront properties. An essential element of any common dock shall be a finding by the Commission that the number of potential docks in the immediate area has been permanently reduced as demonstrated by the legal documentations submitted with the application. Common docks/piers shall include but not be limited to yacht clubs, associations, governmental piers or public marinas and private marinas. All common dock/pier applicants shall file the appropriate deed restriction allowing for deeded easements and the prohibition of dock construction on the non-host property(s). Not applicable (10) The maximum length of dock, pier and float configurations shall not be greater than eighty (80) feet from Mean High Water. In addition, the water depth at the farthest point of the dock and associated floats from shore shall be no less than three (3) feet at Mean Low Water, and this Paul and Nancy Cruz – NOI 52 Prince Road 6/22/23 10 minimum depth must be available between the proposed structure and navigable channels during Mean Low Water. No new dock/pier with a float shall be located in an area that does not meet the minimum three foot water depth without dredging. Requesting waiver, see above. (11) Where there is an expansion of an existing dock, the Commission may require compliance with all or part of these regulations. Not applicable. (12) New proposed docks, piers and floats (as defined in these regulations) shall not be allowed within: (a) Seventy-five (75) feet, of adjacent docks, piers and floats, with the exception marinas. (b) One hundred (100) feet, of a navigable channel or boat mooring. Please advise on how we will meet this regulation. We meet this criteria, please refer to vicinity map for distances to nearby piers. (c) Two hundred fifty (250) feet, from a public boat ramp, public landing, or public swimming beach. (d) No new pier or float system shall be located closer at any point than twenty-five (25) feet to a property line, except, for a pier jointly owned and used by two (2) or more contiguous shorefront properties, or written Approved at Public Meeting December 1st 2016, published December 12th, 2016 20 permission from the abutters is obtained in order to minimize environmental impacts such as the need for dredging. The twenty-five (25) foot setback shall be measured from the outermost property lines of the applicable properties. We comply with the 25 foot property line setback and are more than 75 feet from adjacent docks (13) All float configurations shall not exceed two hundred (200) square feet, with the exception for Common “Shared-use” Dock/Pier proposals that may not exceed three hundred (300) square feet. Standards shall be set for yacht clubs, association marinas, governmental piers or public and private marinas on a case by case basis. Not applicable, no float – only boat lift (14) Proposed expansion of existing docks, piers and floats shall only be allowed where there is no encroachment into navigable channels, mooring areas, or public swimming beaches. In addition, proposed expansion shall not occur beyond eighty (80) feet from Mean High Water as outlined above. Not applicable Paul and Nancy Cruz – NOI 52 Prince Road 6/22/23 11 (15) The Commission recommends the use of alternative materials that offer newer technology and provide an ecologically betterment to the Resource Area. Preference will be given to grated decking that maximizes light penetration and mono pole construction. If treated lumber is used as a construction material, only non-leaching types of preservatives shall be allowed. Chromated copper arsenate (CCA), creosote, or other chemically treated woods are prohibited within the regulated resource area. Requesting waiver to use CCA piles instead of the required ACQ or other pilings. We have performed research and spoken to industry professionals and pile installations are determined by the AWPA use category, salt or brackish water is a UC5 classification, “Marine Use Northern Waters as stipulated in Technical Information for Homeowners and Building Officials” and based on hazards for the exposure. (16) Notwithstanding these criteria, certain areas shall be designated “No Dock/No Mooring Zones”. “No Dock” and “No Mooring Zones” are depicted on Yarmouth GIS maps #’s 1 thru 7 entitled “Yarmouth Conservation Commission, No Dock/No Mooring Areas” and dated November 21st, 2016 Noted (17) Notwithstanding section 1.09, 4(a), 1 thru 21, public projects that enhance fishing, fowling and navigation may be allowed on a case by case basis when an overriding public benefit has been demonstrated. Not applicable (18) Existing legal docks and piers that are destroyed by natural causes may be re constructed to their original specifications, but with updated materials, as approved by the Conservation Commission and/or the D.E.P. Chapter 91 Waterways License requirements. Such re-construction must be filed for in the form of a Notice of Intent within three (3) years of the damage in order to qualify for re-construction. Not applicable (19) Unpermitted structures may not be reconstructed, improved or extended without the approval of the Commission and compliance with the regulations. Not applicable Alternatives Analysis The proposed work consists of constructing a new dock with a lift. The project as proposed occupies only a small area of the resource areas where the piles are driven and the lift is Paul and Nancy Cruz – NOI 52 Prince Road 6/22/23 12 located, as such, the following analysis is offered to describe the available options for this project. OPTION 1: Do Nothing – If nothing is constructed boats will be brought to the shore and could cause damage to the resource area Therefore, this is not the preferred option. OPTION 2: Construct a lower dock and float that does not bridge the marsh or give it the required sunlight. Therefore, this is not the preferred option. OPTION 3: Construct a longer dock with a float that does not require dredging but does project out farther into the navigation area which will obstruct local neighborhood watercraft traffic at low tide. OPTION 4: Project as proposed – The new dock and mechanical marine lift will be constructed as to minimize all impact to coastal resource areas. The marsh and other resource will not be permanently disturbed, and will remain subject to natural processes. Additionally no float or dredging will be required, therefore, this is the preferred option. Construction Protocol The proposed work shall be performed with the minimum amount of equipment required to obtain the project objectives. The staging area for materials will be from a working barge and/or upland of applicants property. All equipment shall be stored on the barge and/or upland of applicants property when not in use. When the equipment is not being utilized the barge shall not come in contact with the marsh at any time and shall not be allowed to bottom out. 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. Paul and Nancy Cruz – NOI 52 Prince Road 6/22/23 13 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.