HomeMy WebLinkAboutCape Cod Commission 71123 669 / -e RECEIVED
I �
JUL 112023
BUILDING DEPARTMENT
By ---------
3225 MAIN,STREET • P.O. BOX 226
BARNSTABLE, MASSACHUSETTS 02630
CAPE COD
(508) 362-3828 • Fax (508) 362-3136 • www.capecodcommission.org COMMISSION
CERTIFIED MAIL-RETURN RECEIPT REQUESTED
7019 0640 0001 0150 9002
July 6,2023
Robert Whritenour,Jr. Re: Yarmouth Riverwalk Park, Boardwalk and Event
Town Administrator Space CCC File No:22031
Town of Yarmouth
1146 Route 28
South Yarmouth,MA 02664
Dear Mr.Whritenour,
This letter serves as notice that the above-referenced project has been deemed to be a DRI under Section 2(d)(i)of
Chapter A, Code of Cape Cod Commission Regulations, Enabling Regulations Governing Review of Developments of Regional
Impact.The Commission received the Secretary's certification of the adequacy of the final SEIR on June 23,2023(copy
attached).
Under Section 6(c)(vi)of Chapter A and Section 13(b)of the Cape Cod Commission Act,the Commission is required to
open the public hearing on the project within forty-five(45)days of the Secretary's certification of the adequacy of the
final SEIR,which in this case means no later than August 7,2023. Once opened,the public hearing shall be closed within
90 days following its opening date,unless extended by mutual agreement with the Applicant.To allow for DRI review of
the project,the Applicant shall make application with the Commission,which shall be prepared and filed in accordance
with the Chapter A of the Code of Commission Regulations("Enabling Regulations"). Copies of the Commission Act,
regulations,and DRI application cover sheet and guidance document,among other relevant regulatory documents,can
be found on the Commission's website at www.capecodcommission.org.
No municipal development permits may be issued for the project,and no development activity may be undertaken for
the project, until the Commission completes its review and issues a DRI approval. Jeff Ribeiro,Regulatory Planner Ilat
the Commission, is the project manager and your contact person. Please do not hesitate to contact Ms.Velozo should
you have further questions.
Sin erely,
sa Dil n
Commission Clerk
Page 112
Enclosure
CC via regular mail:Yarmouth CCC Representative
CC via certified mail:
Kathy Williams,Town Planner Mary Maslowski,Town Clerk
Mark Grylls,Building Commissioner Julie Mockabee,Chair, Historical Commission
Steven DeYoung,Chair,Zoning Board of Appeals Bruce Murphy,Health Director
Grant Kelly, Conservation Administrator
Page 212
The Commonwealth of.Massachusetts
_—'� Executive Office of Energy and EnvironmentalAffairs
=° !-a g 4 100 Cambridge Street, Suite 900
Boston, .MA 02114
Maura T.Healey
GOVERNOR
Tel:(617)626-1000
Kimberley Driscoll Fax:(617)626-1081
LIEUTENANT GOVERNOR http://www.mass.gov/eea
Rebecca L.Tepper
SECRETARY
June 23,2023
CERTIFICATE OF THE SECRETARY OF ENERGY AND ENVIRONMENTAL AFFAIRS
ON THE
SINGLE ENVIRONMENTAL IMPACT REPORT
PROJECT NAME : Yarmouth Riverwalk Park,Boardwalk and Event Space
PROJECT MUNICIPALITY : Yarmouth
PROJECT WATERSHED : Cape Cod
EEA NUMBER : 16623
PROJECT PROPONENT : Town of Yarmouth
DATE NOTICED IN MONITOR : June 10,2023
Pursuant to the Massachusetts Environmental Policy Act(MEPA; M.G.L. c. 30,ss. 61-
62L)and Section 11.08 of the MEPA regulations (301 CMR 11.00),I have reviewed the Single
Environmental Impact Report(Single EIR)and hereby determine that it adequately and
properly complies with MEPA and its implementing regulations.
Project Description
As described in the Single EIR,the project consists of the redevelopment and restoration
of a site owned by the Town of Yarmouth(Town) into a park(referred to as"Riverwalk Park"),
boardwalk,and event space. Riverwalk Park will include a four-acre,grassed,multi-use field
area surrounded by walking paths. The field area is intended to be used periodically for outdoor
events(such as concerts)and overflow parking associated with such events.As currently
proposed,access to the site will be provided by a paved roadway extending in a southerly
direction off of Route 28 that will border the eastern limit of the field area,adjacent to Parkers
River. The access road will have two loops,one at the southern terminus and one adjacent to a
1,130 square foot(sf)park office/restroom building that is proposed just north of the field area.
A total of 88 pervious parking spaces are proposed on either side of the access road between the
two loops. Between the access road and the Parkers River,the project proposes to construct up to
nine artist shanties(140 sf each)supported by concrete pads,as well as a nature-based play area
EEA# 16623 Single EIR Certificate June 23,2023
for children. Other improvements include outdoor(dark sky)lighting, a kiosk near the kayak
launch(further described below),and associated utilities. All structures are proposed to be used
seasonally and therefore none will be conditioned spaces.
The project proposes the construction of several walking paths and shared-use pathways.
A 3-foot-wide stabilized aggregate walking path is proposed to extend from the play area to the
kayak launch(traveling along the Parkers River)to serve as a nature path.An 8-foot-wide,
paved, shared-use path(SUP)will extend from Route 28 along the western limit of the proposed
access road,continuing around the field area and tying back to itself south of the restroom
building.A 6-foot-wide stabilized aggregate walking path is proposed to extend from the
northern loop within the access road to the kayak launch,traveling along the eastern limit of the
site to provide access to the amenities proposed in this area.An additional 6-foot-wide stabilized
aggregate walking path is proposed to extend from the SUP into the woods located south of the
event space(between the field area and marsh),eventually branching into two trails that extend
to meet the boardwalk proposed in the marsh area at the rear of the site. The boardwalk will
generally consist of a looped, 6-foot-wide,wooden structure supported by helical piles,
constructed at a variable height above the substrate to minimize shading.The looped boardwalk
will total 1,300 linear feet Of)and will include a pedestrian bridge spanning a tidal creek within
the marsh, four bench seating areas, and three 8-foot-wide overlook areas. Both the boardwalk
and walking path located in the forested area generally follow existing, informal walking trails
within the marsh/woods.
As noted above,the park design also proposes a kayak launch located southeast of the
field area, consisting of a pile-supported boardwalk and gangway system leading to a float for
launching motorless watercraft on the Parkers River. Where the boardwalk for the kayak launch
is located over Salt Marsh,the boardwalk will be 6 feet wide with 6 feet of clearance, supported
by helical piles.The boardwalk will tie into a 6-foot-wide, fixed, sloped gangway connecting to a
level landing platform,both of which will be supported by wooden piles. The landing platform
will connect to a hinged, 5-foot-wide gangway,which will connect to an 18-foot by 18-foot
floating launch that will be anchored to the underwater substrate. Separately,northeast of the
field area,a 10-foot-wide stabilized aggregate access path is proposed to extend from the parking
area to an existing upweller facility(a shellfish nursery). As described in the Expanded
Environmental Notification Form(EENF),this driveway will improve the existing rutted and
unstable condition of the current upweller driveway and will create a turnaround area with two
parking spaces for operations staff at a greater distance from the Parkers River than exists today.
Changes Since the EENF
As described in the Single EIR,there have been several changes to the project since the
filing of the EENF in response to feedback received from Agencies and Environmental Justice
(EJ)communities. Specifically,the Single EIR states that in response to comments received from
the EJ population located to the west of the site,the proposed elevated boardwalk has been
realigned to the east to reduce outside views of the boardwalk from the nearby neighborhoods.
Plantings were also added along the boardwalk to provide additional screening to the neighbors.
According to the Single EIR,the new alignment represents a slight reduction in the overall
length of the boardwalk,as well as impacts to Salt Marsh,from 15,300 sf(as described in the
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EEA# 16623 Single EIR Certificate June 23,2023
EENF)to 14,277 sf.An invasive species inventory and management plan was also prepared and
incorporated into the proposed project mitigation through the Yarmouth Conservation
Commission review process.
In response to feedback from the Massachusetts Office of Coastal Zone Management
(CZM),the previously proposed use of geogrid reinforced turf along the perimeter shared-use
path was eliminated, and instead replaced with a modified gravel and loam soil mixture that the
Single EIR states will both support grass growth and withstand vehicle loads.As described in the
Single EIR,this revision will avoid extensive areas of plastic geogrid material and eliminate the
risk of the geogrid working loose in a flood event and becoming floating marine debris.
Additionally,the site grading has been revised in the area east of the first cul-de-sac to provide
grading to approximately elevation(el.)7.30 feet(ft)NAVD88. This change was introduced as a
mitigation measure to minimize the risk of potential erosion due to increased flood velocities
occurring within the Coastal AE Zone. The Single EIR states that this area will have additional
boulder outcrops,plant pockets and tree and shrub plantings to slow and dissipate flood waters.
Finally,the Single EIR states that the proposed grading around the event space was revised to
prevent channelization of water at the southern extent of the event space as flood water recedes.
Project Site
The 119.78-acre project site includes a 23-acre parcel previously utilized for the
Yarmouth Drive-In theater,as well as 8 acres of the Lewis Pond Marsh Conservation Area
(which separately totals 170 acres). The remainder of the project site is comprised of
predominantly undeveloped land. The area previously utilized for the drive-in(where the
majority of the project will be located) includes a large area of cleared land(in addition to a
vegetated perimeter)that has been extensively altered. Informal walking trails, litter, and debris
(including glass and asphalt associated with the former use)are currently found in the area.As
noted above, an existing driveway leads to the upweller facility located on the west bank of
Parkers River,which is currently in operation. The project site is bounded by commercial
developments associated with Route 28 to the north,residential housing to the west,the Parkers
River to the east, and the remainder of the Lewis Pond Marsh Conservation Area to the south.At
the entrance to the project site, abutting Route 28,a wastewater pump station is proposed to be
constructed by the Town, separate from the project proposed herein. The pump station(and
associated service drive,walkways, landscaping,etc.)is in the final stages of design,and will be
constructed under a separate contract.'
The project site contains numerous coastal and wetland resources areas, including Salt
Marsh, Coastal Beach,Land Under Ocean(LUO),Land Subject to Coastal Storm Flowage
(LSCSF),BVW,Riverfront Area,Fish Runs,and Land Containing Shellfish. Parkers River is
listed as an impaired waterbody due to the presence and/or concentration of several different
nutrients or pollutants, and has an associated Total Maximum Daily Load(TMDL)for nitrogen.
'The pump station is proposed as part of the Yarmouth Comprehensive Wastewater Management Plan(CWMP),
which was first filed with the MEPA Office in 2011 and assigned EEA#14659.A Certificate was issued on
September 30,2022(on the Single EIR filed for the Yarmouth CWMP)which found that the project adequately and
properly complied with MEPA and its implementing regulations.
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EEA# 16623 Single EIR Certificate June 23,2023
As further discussed below,the site contains 0.02 acres of Commonwealth tidelands.The
entirety of the project site is mapped as Flood Zone AE(an area inundated during a 100-year
storm),with a Base Flood Elevation(BFE) of elevation(el.)ranging from 12 to 13 ft NAVD88
as delineated on Federal Emergency Management Agency(FEMA)map 25001C0588J(effective
date July 16,2014). The southern portion of the project site(within the marsh)
contains Estimated and Priority Habitat of Rare Species as delineated by the Natural Heritage
and Endangered Species Program(NHESP)in the 15th Edition of the Massachusetts Natural
Heritage Atlas. The project site is not located in an Area of Critical Environmental Concern
(ACEC)and does not contain any structures listed in the State Register of Historic Places or the
Massachusetts Historical Commission's(MHC)Inventory of Historic and Archaeological Assets
of the Commonwealth.The entirety of the project site is considered conservation land protected
under Article 97 of the amendments to the state constitution.
The project site is located within one Environmental Justice(EJ)population characterized
by Income criteria and within one mile of two additional EJ populations characterized by Income
criteria; additional EJ populations are located within five miles of the site.
Environmental Impacts and Mitigation
Environmental impacts associated with the project include the alteration of 10.06 acres of
land(including 874 sf(0.02 acres) of Commonwealth tidelands),the creation of 0.67 acres of
impervious surface(for a total of 1.75 acres on-site),the generation of 900 average daily trips
(adt),the creation of 88 parking spaces,the generation of 900 gallons per day(gpd)of water
demand and 800 gpd of wastewater(during the times of year the facility is in use),and the
installation of 0.12 miles of water mains and 0.13 miles of sewer mains. The project will alter the
following wetland resource areas: 6 sf of LUO; 179 sf of Coastal Beach; 14,277 sf(0.33 acres)
of Salt Marsh; 14 sf of Land Containing Shellfish; 14 sf of Fish Runs; 438,245 sf(10.06 acres)of
LSCSF(which overlaps with all other resource areas); 933 sf(0.02 acres)of BVW; and 134,869
sf(3.10 acres)of Riverfront Area. The impact calculations account for newly altered areas,areas
to be restored, and formerly altered or degraded areas to be redeveloped.
Measures to avoid,minimize, and mitigate project impacts include locating the project
predominantly in previously developed/degraded areas;use of piles to minimize impacts to
wetland and coastal resource areas; elevating structures located in Salt Marsh to minimize
shading;restoration of 31,920 sf(0.73)of degraded LSCSF,including 29,250 sf(0.67 acres)of
degraded Riverfront Area;restoration of temporarily impacted wetland and coastal resources
areas;use of time-of-year(TOY)restrictions; orienting the project to reduce noise impacts
(further discussed below);use of dark-sky-compliant lighting; construction of a stormwater
management system utilizing best management practices(BMPs); dry-floodproofing the
proposed restroom;vegetative plantings; and use of erosion and sedimentation controls during
project construction.
Jurisdiction and Permitting
The project is undergoing MEPA review and is subject to a mandatory EIR pursuant to
301 CMR 11.03(3)(a)(l)(b) of the MEPA regulations because it requires Agency Actions and
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EEA# 16623 Single EIR Certificate June 23, 2023
will involve the alteration of 10 or more acres of any other wetlands. The project additionally
exceeds the ENF thresholds at 301 CMR 11.03(3)(b)(1)(c) and 11.03(3)(b)(1)(f)because it will
result in the alteration of 1,000 or more sf of Salt Marsh and the alteration of one half or more
acres of any other wetlands,respectively. The project requires the preparation of an EIR under
301 CMR 11.06(7)(b)of the MEPA regulations because it is located within one mile of one or
more EJ populations(specifically,the site is within an EJ population). The project requires a
Chapter 91 (c.91)License and 401 Water Quality Certification(WQC)from the Massachusetts
Department of Environmental Protection(MassDEP)and a Vehicular Access Permit from the
Massachusetts Department of Transportation(MassDOT).
The project requires a Stormwater Management Permit and an Order of Conditions from
the Yarmouth Conservation Commission among several other permits from the Town;the Single
EIR indicates that Orders of Conditions were issued for the project on January 26,2023 and
February 3,2023 and were not appealed, and that the Stormwater Management Permit was
issued on February 22, 2023. The project requires authorization from the U.S.Army Corps of
Engineers(USACE)under the General Permits for Massachusetts in accordance with Section
404 of the Federal Clean Water Act as well as a National Pollutant Discharge Elimination
System(NPDES) Construction General Permit(CGP)from the United States Environmental
Protection Agency(EPA).
Because the project is seeking Financial Assistance through the Seaport Economic
Council and the Massachusetts Department of Conservation and Recreation(DCR),MEPA
jurisdiction is broad in scope and extends to all aspects of the project that are likely, directly or
indirectly,to cause Damage to the Environment as defined in MEPA regulations.
Review of the Single EIR
The Single EIR provided a description of existing and proposed conditions;preliminary
project plans; a description of coordination with CZM,MassDEP,and the Cape Cod
Commission(CCC)conducted since the filing of the EENF; a floodplain analysis;additional
analysis of project alternatives; additional information on potential impacts,benefits,and
outreach to EJ populations; additional discussion of traffic impacts and mitigation; and an
expanded analysis of impacts to wetland resource areas.
Supplemental information was distributed by the Proponent on June 13,2023 that
provided information regarding the project's floodplain impacts, further discussed below.For
purposes of clarity,all supplemental materials provided by the Proponent are included in
references to the"Single EIR,"unless otherwise indicated.
Comments from Agencies do not identify any impacts that were not reviewed in the
Single EIR or identify additional information that should be provided on the project.
Alternatives Analysis
The Scope on the EENF requested that the Single EIR provide an expanded discussion of
alternative layouts for the parking lot that reduce the amount of alteration within Riverfront
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EEA# 16623 Single EIR Certificate June 23,2023
Area.As described in the Single EIR,two additional design alternatives were evaluated that
locate the parking area farther outside or entirely outside the Riverfront Area. The first
alternative alignment involved locating the parking lot along the western and southern perimeter
(as opposed to along the eastern perimeter);the second alternative alignment involved locating
the parking lot to a central location on the site.As described in the Single EIR,the alternative
alignments were dismissed as they would result in additional noise and visual impacts to EJ
neighborhoods,increase pedestrian and vehicle contact points,limit the park functionality,
and/or jeopardize project funding(as the accessway would fall outside the footprint of the
defined area of improvements funded by the Land and Water Conservation Fund Grant).
I note that at the time the EENF filed,the extent of degraded Riverfront Area within the
project site was unconfirmed, and impacts associated with the parking lot were considered
potentially new alteration to Riverfront Area.As further discussed below,the project will meet
the performance standards for work proposed in degraded Riverfront Area; it was unclear at the
time the EENF was filed whether the project could meet the performance standards associated
with Riverfront Area that was not considered degraded. As described in the Single EIR,based on
detailed investigations conducted at the site in December 2022, it was determined that the area
where the parking lot is proposed qualifies as degraded(as defined at 310 CMR 10.58(5)), as the
area lacks topsoil, does not support vegetation, and has both surficial and buried asphalt
pavement as well as other debris present documented throughout the site.
The Scope on the EENF also directed the Proponent to evaluate further measures to
reduce impervious surface. The EENF originally described the creation of 0.60 acres of new
impervious surface and 0.97 acres of existing impervious surface on-site associated with
previous uses,for a total of 1.57 acres on-site following project construction.Following
refinements to existing and proposed conditions calculations during the local permitting process,
the Single EIR identifies the creation of 0.67 acres of impervious surface and 1.08 acres of
existing impervious surface, for a total of 1.75 acres on-site following project construction. The
Single EIR states that,due to site constraints and the anticipated use of the site,the proposed
impervious areas have been minimized to the extent practicable,and therefore cannot be further
reduced. Specifically,the Single EIR indicates that reductions in the width of the accessway
would result in traffic impacts that were considered unacceptable,and further increasing the use
of pervious surface(as opposed to asphalt)would result in failure of the roadway(given the
expected use of commercial trucks and vehicles in the areas were asphalt is proposed)and
impact the access of emergency vehicles during special events. Currently,the parking spaces and
certain pedestrian pathways on-site are proposed to consist of pervious surface.
Environmental Justice
As noted above,the project site is located within one EJ population characterized by
Income criteria and within one mile of two additional EJ populations characterized by Income
criteria. The"Designated Geographic Areas"("DGA,"as defined in 301 CMR 11.02,as
amended)for the project is one mile. No languages were identified as spoken by 5%or more of
residents who also identify as not speaking English very well.A list of community-based
organizations(CBOs)and tribes/indigenous organizations(the"EJ Reference List")provided by
the MEPA Office was used to notify the listed entities of the filing of the Single EIR.The Single
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EEA# 16623 Single EIR Certificate June 23,2023
EIR states that this notice also included a summary of project updates,and that the notice was
placed in the Cape Cod Times, on various social media pages and on the front page of the
Town's website,and at various public locations including bus stops and public libraries.
The Single EIR indicates that,since the filing of the EENF, several public meeting and
presentations have been held for the project associated with the local permitting process(in
addition to the nearly 50 public meetings held on the project prior to the filing of the EENF). The
Single EIR notes that these meetings have included abutter notification and legal notices placed
in the Cape Cod Times,and that during these meetings,the surrounding EJ neighborhood
identified concerns with the proposed boardwalk's impact on the privacy of the neighborhood.
As noted above,the project design was refined in response to this feedback to move the
boardwalk away from the community and to provide additional vegetative plantings/screening.
The Single EIR states that,through coordination with adjacent neighborhoods,the newly
proposed alignment has alleviated the neighbors' concerns.
The Scope on the EENF directed the Town to confirm that traffic impacts will be
sufficiently mitigated to avoid impacts to EJ populations. The Single EIR states that the Town
does not anticipate creating any significant traffic impacts,other than when periodic special
events are held. When special events are held,the Single EIR states that traffic will be managed
through an event-specific Transportation Management Plan to avoid impacts to EJ populations.
As further discussed below, comments from MassDOT note that the project is expected to have
limited traffic impacts,and that the Proponent has proposed safety and multi-modal site access
improvements to mitigate potential impacts.As previously discussed in the EENF,while the
project may potentially increase traffic in the area associated with new visitors to the park,the
site is currently located on a Cape Cod Regional Transit bus route and future work planned by
MassDOT includes the creation of dedicated bike lane,shared-use-path facilities, and new
crosswalks which will provide safer,multi-modal transportation options to the site.
The Single EIR also discusses the potential for construction to affect the surrounding EJ
populations,as requested by the Scope. As described in the Single EIR,project construction will
result in a temporary increase in diesel truck routes along Route 28 (the main east-west
transportation corridor)to and from the site, adjacent to EJ populations.The Single EIR states
that measures to reduce impacts associated with construction include consolidating vehicle
delivery trips, limiting construction activities to weekdays between 7:00 AM and 5:00 PM,
implementing dust control measures,and requiring the contractor to comply with vehicle
emission guidelines.
Public Health
The Single EIR included a separate section on"Public Health."The EENF provided a
comprehensive review of publicly available data to identify existing and potential public health
impacts within the applicable EJ communities. The Single EIR states that the project is not
anticipated to cause negative environmental or public health impacts that would affect EJ
populations.As described in the Single EIR,the project has been designed to equitably allocate
environmental benefits to further environmental justice principles,and will provide an array of
public health benefits associated with the creation of a public park in a previously degraded and
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EEA# 16623 Single EIR Certificate June 23, 2023
abandoned property. The Single EIR notes that the project, located within an EJ community,will
provide a nature-based playground area for children,new ADA accessible outdoor recreation
opportunities, and access to both land and water recreation as well as an outdoor event space.
Additionally,the Single EIR states that the proposed fill associated with the project will provide
flood protection to the EJ population located west of the site during smaller,more frequent flood
events(up to el. 7.5 it NAVD88),as further discussed in the Climate Change section below.
Wetland and Coastal Resources
The Single EIR provided the proposed elevation of the stream crossing associated with
the boardwalk,the bankfull width of the tidal creek,and Mean High Water(MHW)on project
design plans, as requested by the Scope. The Scope also directed the Town to address how future
sea level rise has been considered and incorporated into the design of the stream crossing to
maintain tidal flow over the design life of the structure. According to the Single EIR,the useful
life of the proposed boardwalk and kayak launch is approximately 40 years. Based on current
projections,it is estimated that as compared to water surface elevations in the early 2000's, sea
levels will rise by 1.3 and 2.4 feet by 2050, and by 2.3 and 4.2 feet by 2070. Based on the"High"
sea level rise projections,the MHW at the site would increase from 2.05 feet to 4.45 feet by 2050
and to 6.05 feet by 2070(NAVD88). The Single EIR states that,with this increase in MHW,the
majority of the boardwalk would travel over areas that would be submerged during a typical tidal
cycle in 2050 and 2070. However,while the structure would be situated over water,it is not
anticipated to impact the flow of tidal waters, as water will be able to move freely under the
structure during a typical tidal cycle.
The Single EIR also evaluated an alternative for the boardwalk with a 1.5:1 height-to-
width(H:W)ratio where it is located over Salt Marsh(including the boardwalk associated with
the kayak launch).As stated in comments from the Massachusetts Department of Marine
Fisheries(DMF)submitted on the EENF,a minimum 1.5:1 H:W ratio for all decking installed
over Salt Marsh is recommended,based on field studies showing reductions in shading and
marsh loss above this threshold. According to the Single EIR,a 1.5:1 H:W was evaluated and
dismissed as it would increase negative visual impacts to abutting properties, including EJ
communities that have expressed concerns about such impacts;potentially result in greater
permanent impacts to Salt Marsh due to an increase in the overall number of piles/bracings
required to support the additional height; greater permanent impacts in resource area buffers due
to the increased length of ADA compliant ramp and landing structural systems required for the
boardwalk approaches; and increased construction duration and increased public project costs.
Comments from DMF acknowledge the trade-offs that exist in design considerations between
indirect(shading)and direct(habitat displacement)impacts of walkways constructed over Salt
Marsh,and state that the proposed design appears to balance these impacts. The Single EIR
continues to propose to construct the boardwalk to provide a minimum of 1:1 H:W ratio over the
ground elevation when in a north-south orientation, and a 1.25:1 H:W ratio when in an east-west
orientation to minimize shading impacts on Salt Marsh. Comments from DMF state that the
material provided in the Single EIR adequately addresses prior recommendations to explore
alternative designs towards minimizing impact to Salt Marsh habitat. The Single EIR also
commits to the time of year(TOY)restrictions recommended by DMF in comments on the
EENF.
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EEA# 16623 Single EIR Certificate June 23,2023
As noted above,the Scope on the EENF required that the Town determine the extent of
the Riverfront Area within the project site that meets the definition of degraded as defined by the
WPA at 310 CMR 10.58(5), as requested by MassDEP.As described in the Single EIR,on
October 19,2021,a Massachusetts Registered Professional Engineer and Massachusetts
Certified Soil Scientist conducted three test pits and two borings onsite within Riverfront Area.
The results of the tetes pits were included in the Single EIR. In response to comments from
MassDEP on the EENF,an additional 21 test pits/observations were performed on December 13,
2022 using an excavator; the test pit logs were also included in the Single EIR. The Single EIR
included plans that clearly identify the area of Riverfront Area that is considered degraded,and
states that the data continues to support the past characterizations of the site;notably,that the
entirety of the Riverfront Area between the existing snow fence and the outer limit of the
Riverfront Area is degraded per 310 CMR 10.58 (5),with specific reference to 1)the presence of
existing pavement and 2)the absence of topsoil.The Single EIR also provided a discussion of
the project's compliance with the Riverfront Area Performance Standards, as well as the
restoration activities proposed as part of the project. Comments from MassDEP state that the
Town has adequately addressed the Department's comments on the EENF. The project includes
approximately 29,250 sf of Riverfront Area restoration and 31,920 sf of LSCSF restoration.All
Riverfront Area restoration is proposed within existing degraded Riverfront Area in accordance
with the requirements at 310 CMR 10.58(5). Restoration of these areas includes planting of
native species appropriate for the ecological conditions at the Site.
Comments from CZM submitted on the EENF noted that portions of the site, including
the former Yarmouth Drive-In property,are modeled in the Sea Level Affecting Marshes
(SLAMM)model'as potentially suitable for marsh migration.As described in the Single EIR,in
2050,under both the intermediate-low(IL)and intermediate-high(IH) sea level rise(SLR)
scenarios,marsh migration is primarily anticipated to occur on the site along the Parkers River in
the vegetated areas that will remain following the project's construction.Accordingly,the project
is not anticipated to alter migration within that planning horizon,and Salt Marsh will be able to
migrate onto the site north of the Upweller facility. In addition,the project will promote and
enhance Salt Marsh migration in the area of existing Upweller driveway,which is proposed to be
restored as part of the project. In 2070,the IL SLR scenario maintains generally the same marsh
migration patterns seen in 2050 IH SLR scenario.The IH SLR scenario in 2070,however,shows
potential brackish/transitional marsh extending both into the area of IVW south of the former
drive-in and across the lower-lying portions of the former open drive-in area. Due to the
proposed use of the former drive-in area at the northern limit of the site,the project will prevent
Salt Marsh migration into this area. However,no action will be taken to prevent the Salt Marsh
migration pathway south of the site.
Finally,the Single EIR addressed measures to prevent stormwater impacts to the Parkers
River,which has a TMDL for nitrogen.The Single EIR states that the project is not anticipated to
increase nitrogen loading to the Parkers River as the project does not include installation of a
septic system,the primary source of nitrogen to the Parkers River. In addition,the application of
fertilizer onsite is not proposed by the Town, as plants included in the design are native to
2 Available at https://arcg.is/my90C0
9
EEA# 16623 Single EIR Certificate June 23,2023
Massachusetts and are adapted to thrive at the site.As described in the Single EIR,the only
anticipated source of nitrogen is stormwater runoff, and while the project will increase
impervious areas by 0.67 acres,the project will actually result in a decrease in stormwater runoff
from the site compared to existing conditions.The proposed stormwater system will manage and
treat all 1.75 acres of impervious area proposed at the site,including the 1.08 acres of existing
impervious area, from which stormwater currently flows untreated to the Parkers River.
Comments from the CCC submitted on the EENF identified concerns about the potential
for the steel coating on the proposed boardwalk helical anchors to leach into the surrounding
wetland and coastal resources.As described in the Single EIR,to significantly increase the
service life of the steel helical piles,corrosion protection is required,and the most common,
efficient,and economical way of providing corrosion protection of steel is to galvanize it,which
is the process of placing a zinc coating over the steel.The Single EIR states that the helical piles
are proposed to be galvanized,which will result in an estimated service life of approximately 70-
85 years, as opposed to the approximately 10-year service life expected for steel helical piles
without any corrosion protection in temperate marine environments.According to the Single
EIR,the zinc will leach slowly over the service life of the piles,but is expected to disperse as
opposed to concentrate, and will also prevent steel corrosion and iron leaching.The Single EIR
notes that there is no evidence that a zinc leaching containment plan has ever been executed for a
boardwalk structure in a marsh land.Additionally,recent studies on various projects have shown
that zinc leaching would not cause background levels of zinc to exceed the levels that would
cause toxicity to aquatic organisms.As a result,a containment plan for the zinc is not proposed. I
note that CCC's comments identified concerns specifically with the potential for steel leaching,
as opposed to zinc.
Public Benefit Determination
The project proposes activities within 874 sf(0.02 acres)of tidelands subject to the
provisions of An Act Relative to Licensing Requirements for Certain Tidelands(2007 Mass.Acts
ch. 168),now codified at M.G.L. c. 91, § 18B,and the Public Benefit Determination(PBD)
regulations(301 CMR 13.00).3 Consistent with Section 8 of the legislation,I must conduct a
Public Benefit Review as part of the review of EIR projects located on tidelands that entail new
use or modification of an existing use.The Single EIR described the benefits of the project as
restoring degraded wetland and coastal resource areas; improving public access to the waterfront
in an area that is currently primarily vegetated with invasive species and shows evidence of
previous development; creating a dedicated,ADA accessible boardwalk,which will minimize
erosion to Salt Marsh associated with current,unsupported public use of the space;providing
public restrooms, a playground for children, shared-use paths,and crosswalks,as well as an
outdoor event space.
The PBD regulations, at 301 CMR 13.04(1), include a presumption that water-dependent
projects provide adequate public benefit. As noted above,the project will be required to obtain a
c.91 License from MassDEP. Comments from the MassDEP on the EENF included a
3 Area of Commonwealth tidelands that will be impacted by the project were described in an email sent from Laura
Krause(BETA Group,Inc.)to Eva Vaughan(MEPA Office)on June 21,2023.
10
EEA# 16623 Single EIR Certificate June 23,2023
determination that the proposed activities would be classified as a water-dependent use project
pursuant to the Waterways Regulations at 310 CMR 9.12.For this reason, I find that the Single
EIR has demonstrated that the project will have a public benefit in accordance with M.G.L. c. 91,
§ 18B and 301 CMR 13.00. Thus,this Single EIR Certificate shall serve as the PBD for this
project.
Traffic and Transportation
The Single EIR describes coordination that the Town has conducted with MassDOT since
the filing of the EENF,and work that is being proposed by MassDOT proximate to the site that
has been considered and incorporated into the project design.The Single EIR provided the
stopping sight distance and intersection site distance available to vehicles at the site driveway, as
well as the sight distance to pedestrians on the north and south sides of the proposed mid-block
crossing,as requested in comments from MassDOT on the EENF. The Single EIR also provides
a discussion of potential measures to reduce traffic to the site during special events that would
result in above-average traffic generation, as required by the Scope.A Traffic Management Plan
(TMP),developed in consultation with the Town,is required and must be provided as a
condition of approval for larger events at the site. The TMP will be implemented by the Event
Sponsor,in concert with the Yarmouth Police Department,who may be required to hire a police
detail for events,particularly those that have a specific start and stop time. Traffic management
is anticipated to be structured in a similar manner to the set-up and processes that have worked
well for the town in the past. A commitment to provide additional traffic coordination during on-
site events has been incorporated into the Draft Section 61 Findings, as requested by the Scope.
Comments from MassDOT state that,based on the limited project impacts and proposed
mitigation to improve safety and multi-modal site access,MassDOT does not recommend further
environmental review of the project based on transportation issues.
Climate Change Adaption and Resiliency
The Single EIR addresses the project's compliance with Building Code, as requested by
the Scope. The site is entirely within the 100-year FEMA floodplain,Zone AE,with a BFE of el.
13 ft NAVD88 across the majority of the site. The proposed public restroom in the center of the
park is proposed to be set at el. 12 ft NAVD88,with dry flood proofing extending vertically to
offer flood protection to el. 15. For the artist shanties(described as simple accessory structures),
wet flood-proofing is proposed. In addition to securely anchoring the structures to concrete base
slabs,floodway openings will be incorporated into all the shanties. The Single EIR indicates that
the project will comply with all Building Code requirements for buildings constructed in the
floodplain.
Comments from CZM submitted on the EENF noted that floodwaters and waves will
likely move across the site during coastal storm events,and proposed fill,retaining walls,new
impervious surfaces, and amenities on the site may change the way these floodwaters move over
the site. To demonstrate that the-project has been designed to avoid increasing potential impacts
associated with coastal flooding,the Town conducted a pre-and post-construction flow path
analysis. The flow path analysis was conducted for pre-and post-construction conditions with a
floodwater elevation of 4.2, 6.2,7.2, 8.0, 8.5,and 13 ft NAVD88. These elevations were chosen
11
EEA# 16623 Single EIR Certificate June 23,2023
as they were associated with significant site conditions/elevations on-site or at adjacent
properties(such as the crest of the Route 28 Bridge over the Parkers River,or the 100-year
floodplain BFE).
As described in the EENF, once floodwater elevations exceed el. 8.5 ft NAVD88,the
existing flood limits and approach velocities over the site will match existing conditions, as at
this elevation,proposed changes in grades will be overtopped.At lower elevations,the project is
expected to reduce flooding impacts on the adjacent residents. Specifically,the Single EIR states
that the proposed access roadway and parking area will function as a dike,which will provide the
site and the residential abutters to the west of the site additional flood protection for events up to
el. 7.5 ft NAVD88,which corresponds to flood levels anticipated at the peak of a Category 1
hurricane. The Single EIR states that the park improvements will also increase the vegetative
buffer between the river and the proposed improvements,maintain the existing vegetation
between the river and the former drive-in site,and improve the access driveway surface to the
Upweller facility to reduce the potential for erosion from inundation velocities.
The only change in floodwater flow identified in the Single EIR that may not result in
reduced flood waters in neighboring areas is associated with an area at the entrance driveway.
Below el. 8.0 ft in this area,the roadway and proposed earthen berm(which forms the outside
edge of the stormwater improvements)will displace all potential flows.Under current
conditions,water flows across the site to and from Route 28 through this area.With the proposed
improvements, flow will be restricted through this area to a proposed swale and the existing
mounded septic system associated with the abutting commercial property(the Lobster Boat
Restaurant);the project will not result in channelized flows to Route 28.To mitigate a potential
increase in velocities through this pathway, an earthen berm at crest el. 7.5 has been extended
between the northern cul-de-sac and the Lobster Boat Restaurant.An 8-inch pipe with a check-
valve will extend through the berm to allow for floodwaters to drain out of the area. The Single
EIR states that the berm will prevent the passage of water around the restaurant property and
compel flows to be maintained in the main channel. It will also form a ponding area between the
access roadway and the adjacent commercial property,which will act as a stilling basin for flows
through the entrance at Route 28; as such,the Single EIR states the diversion of floodwaters
should have little impact on the abutting commercial parking lot. I refer the Town to comments
from CZM state that the design plans should be revised to use salt-tolerant,erosion-control
plantings to stabilize the proposed berm instead of boulders,which often scour in storms.
The Single EIR also addressed the recommendations from the MA Resilience Design
Tool, including whether stormwater sizing is adequate to accommodate the 2070 10-year storm
recommendation(24-hour rainfall volume of 6.4 inches),and building elevations as compared to
the 2070 50-year water surface elevation(14.5 ft NAVD88)and the 2050 and 2070"wave action
water elevation"(16 to 18.6 ft NAVD88)provided by the Tool.The Single EIR indicates that the
proposed stormwater system exceeds the recommendations of the MA Resilience Design Tool,
as it has been sized to accommodate a 24-hour rainfall volume of 7.42 inches, 1.02 inches greater
than that recommend by the Tool.As noted above, stormwater runoff has been minimized
through the use of pervious pavement, and the project proposes to treat all runoff associated with
the existing 1.08 acres of impervious surface(in addition to the impervious surface proposed to
be created),which is currently completely untreated/unattenuated.
12
EEA# 16623 Single EIR Certificate June 23, 2023
The proposed restroom/office building design includes a finished floor elevation of 12 ft
NAVD88,which is comparable to 2050 50-year water surface elevation(12.8 feet),but below the
2070 50-year water surface elevation;this elevation is below both the 2050 and the 2070 wave
action water elevations provided by the MA Resilience Design Tool.The Single EIR states that,
while the finished floor elevation is 12 ft NAVD88,the current building design includes dry
flood-proofing to an elevation of 15 ft NAVD88,above the 2070 50-year water surface elevation
(14.5 ft NAVD88).While still below the 2050 and 2070"wave action water elevations"(16 to
18.6 ft NAVD88,respectively),the Single EIR states that the current design of the building
allows for implementation of additional measures in the future to prevent flood water from
entering the windows,which would provide flood protection beyond el. 15 ft NAVD88,up to the
top of the restroom/office building.
Mitigation and Draft Section 61 Findings
The Single EIR provides final mitigation commitments and draft Section 61 Findings for
use by Agencies,which are summarized below. The Section 61 Findings should be provided to
Agencies to assist in the permitting process and issuance of final Section 61 Findings. As noted
in the Certificate issued on the EENF,the project qualifies for the de minimis exemption
included in the May 2010 MEPA Greenhouse Gas Emission(GHG)Policy and Protocol(Policy)
for projects that are expected to produce minimal GHG emissions. As stated in the EENF,GHG
emissions are predominately associated with the anticipated mobile source emissions,and total
GHG emissions associated with the project are de minimis. Therefore, a GHG analysis was not
required for the project,and a self-certification of GHG emissions reduction measures is not
required by the Proponent.
Environmental Justice
• Restoration of a degraded site to create an ADA accessible public recreation asset with
public bathrooms, facilitating both land and water recreation activities
• Implementation of traffic control measures to minimize traffic and air quality impacts
• Limiting the use of use of event space perimeter lights for special events only
• Installation of screening/privacy plantings for surrounding EJ populations
• Requiring special event sponsors to limit sound levels to 90 dBA at 100 feet from stage
area to reduce noise impacts
• Reduction of flooding impacts to the EJ residences adjacent to the site
Land/Stormwater
• Use of a previously disturbed/currently developed site
• The Stormwater design will be constructed in compliance with the Massachusetts
Stormwater Standard and will include:
- Subsurface infiltration
- Drainage swales
13
EEA# 16623 Single EIR Certificate June 23, 2023
Infiltration basins
- Porous pavement parking spaces
- Infiltration trenches
• The stormwater infrastructure will be constructed to accommodate the current 24-hour
100-year storm(24-hour rainfall volume of 7.42")
• The stormwater system will be maintained in accordance with the Operations and
Maintenance Plan
Wetland and Coastal Resources
• Salt Marsh restoration,including amending soils and planting native vegetation
• 29,250 sf of Riverfront Area restoration and 31,920 sf of LSCSF restoration,including:
- Removal of debris from the site,including debris throughout the woods
- Management of invasive species
- Planting native vegetation
- Amending soils
• Use of sedimentation and erosion controls during project construction
• TOY restrictions,including:
- Implementing an April 2—October 14 time of year restriction during installation
of the boardwalk piles to minimize impacts to rare bird species
- Implementing a February 15—June 15 time of year restriction during installation
of the float to minimize impacts to anadromous fish species
Traffic and Transportation
• Installation of right and left-turn only lanes exiting the parking lot to decrease queues
• Bicycle/Pedestrian accommodations, including the construction of an 8-foot-wide shared-
use-path,installation of bicycle racks,and walking paths throughout the site.
• Preparation of a Traffic Management Plan will be required for events and coordination
with the Police Department during larger periodic events. Traffic management techniques
typically include:
- Police cruiser,Police officers at the intersection for officer traffic control,
- Barrels, drums, and cones to direct and restrict traffic movements,
- Use of portable,changeable message boards on Route 28 displaying event times
and dates in advance of the event as well as with driving instructions the day of
the event to further guide visitors,
- Reversible lanes for peak entering and exiting traffic,
- Designate areas to stack early-arriving vehicles before gates opened,
14
EEA# 16623 Single EIR Certificate June 23,2023
- Collect parking fees in interior areas of the Site to avoid backups to Route 28,
- Use of a shuttle bus for the largest events/parades.
Climate Change Adaptation and Resiliency
• Inclusion of a berm along the eastern limit of the driveway a prevent flood water
channelization and increases in flood water velocities
• Grading the site to ensure flood flows will not increase on adjacent parcels
• Maintaining areas of existing vegetation to allow marsh migration onsite.
• Planting native vegetation in suitable habitat to minimize water use
• Constructing the stormwater system to accommodate the current 24-hour rainfall volume
for the 100-year storm(7.42"),which is greater than the 2070 10-year storm(6.4")
• Dry floodproofing the proposed office/bathroom building to a minimum elevation of 15 ft
NAVD88, two feet above the 100-year BFE
• Enhancement of wetland areas,which provide flooding benefits
Greenhouse Gas Emissions
• Restricting restroom use to summer months
• Orienting restroom to accommodate installation of solar panels
• Use of energy-efficient design elements, including an electric tankless water heater,
adjustable lights, and motion-operated lights in restroom
• Installation of permanent signs limiting idling to five minutes or less
Construction Period
• Dust will be managed in accordance with the NPDES General Permit to minimize
airborne particulate matter
• Non-road diesel equipment rated 50 horsepower or greater will meet EPA's Tier 4
emission limits. If a piece of equipment is not available in the Tier 4 configuration,the
Construction Manager will work with the general contractor to confirm that construction
equipment will be retrofitted with appropriate emissions reduction equipment.
• Implementation of a Storm Water Pollution Prevention Plan(SWPPP)which will
include:
- Implementation and enforcement of a Spill Contingency Plan
- Storage of any chemicals or hazardous materials under cover
- Installation of sediment and erosion controls including turbidity curtains,compost
filter tubes, and inlet protection measures
- Inspection of the Site weekly to confirm erosion controls are functioning
• Construction waste and debris management, including:
15
EEA# 16623 Single EIR Certificate June 23,2023
- Reuse of crushed asphalt and concrete to the extent feasible.
- Chipping and reuse of native vegetation as mulch.
- Use of covered waste-storage containers
• Limiting idling to five minutes or less through the installation of construction-phase signs
noting that idling shall be limited,and periodic inspections to confirm contractor is
complying with the requirement.
Conclusion
Based on a review of the Single EIR and consultation with Agencies,I find that the
Single EIR adequately and properly complies with MEPA and its implementing regulations. The
project may proceed to permitting.Participating Agencies should forward copies of the final
Section 61 Findings to the MEPA Office for publication in accordance with 301 CMR 11.12.
June 23 2023 '
Date Rebecc . Tepper
Comments received:
06/09/2023 Massachusetts Department of Transportation(MassDOT)
06/09/2023 Massachusetts Division of Marine Fisheries(DMF)
06/15/2023 Massachusetts Department of Environmental Protection(MassDEP), Southeast
Regional Office(SERO)
06/20/2023 Massachusetts Office of Coastal Zone Management(CZM)
RLT/ELV/elv
16
I
The Commonwealth of Massachusetts
OR
0 Division of Marine Fisheries "
(617)626-1520 I www.mass.gov/marinefisheries s� r
8J °t+ARiNE
MAURA T.HEALEY KIMBERLEY DRISCOLL REBECCA L.TEPPER THOMAS K.O'SHEA DANIEL 3.MCKIERNAN
Governor Lt.Governor Secretary Commissioner Director
June 8,2023
Secretary Rebecca L. Tepper
Executive Office of Energy and Environmental Affairs(EEA)
Attn:MEPA Office
Eva Vaughan,EEA No. 16623
100 Cambridge Street, Suite 900
Boston,MA 02114
Dear Secretary Tepper:
The Division of Marine Fisheries(MA DMF)has reviewed the Single Environmental Impact
Report(SEIR)by the Town of Yarmouth for its Yarmouth Riverwalk Park,Boardwalk and
Event Space Project. The project includes the proposed construction of a public park on a vacant
lot bordering the Parkers River.A 1,300 linear foot boardwalk loop is also included with a
pedestrian bridge,three overlook areas and four bench areas. The boardwalk would be six feet in
width and height over salt marsh would be set to a minimum 1:1 height to width(H:W)ratio for
the north-south facing sections and 1.25:1 for the east-west facing sections. The preferred
alternative uses three 3.5-inch diameter helical piles at each bent location for a total of 252
helical piles which would collectively impact 13 square feet of salt marsh habitat.A kayak
launch is also proposed. The terminal float to the launch would be in an area of the Parkers River
with at least a four foot depth at MLW and would be held in place with a helical anchor and
elastomeric mooring stay system. Existing marine fisheries resources and habitat and potential
project impacts to those resources are outlined in the following paragraphs.
The region of the Parkers River bordering the project site includes shellfish habitat for quahog
(Mercenaria mercenaria)and blue mussel(Mytilus edulis). Land containing shellfish is deemed
significant to the interest of the Wetlands Protection Act(310 CMR 10.34)and the protection of
marine fisheries.
The region of the Parkers River bordering the project also provides passage for a variety of
diadromous fish species.Alewife(Alosa pseudoharengus),American eel(Anguilla rostrata),
white perch(Morone americana), and Atlantic tomcod(Microgadus tomcod)all seasonally
occupy this system [1].
Much of the proposed boardwalk and a portion of the proposed kayak launch walkway directly
overlie salt marsh habitat. Salt marsh provides a variety of ecosystem services, including habitat
and energy sources for many fish and invertebrate species [2-4].
MA DMF offers the following comments for your consideration:
• In our review of the Expanded Environmental Notification Form(EENF)for this project,
we recommended that the SEIR include revisions to boardwalk height over salt marsh to
SOUTH COAST FIELD STATION CAT COVE MARINE LABORATORY NORTH SHORE FIELD STATION
836 S.Rodney French Blvd 92 Fort Avenue 30 Emerson Avenue
New Bedford,MA 02744 Salem,MA 01970 Gloucester,MA 01930
meet the 1.5:1 height to width(H:W)ratio currently recommended by MA DMF for all
decking over salt marsh[5-7] or to provide justification for the currently proposed mix of
1:1 H:W for north-south and 1.25:1 H:W for east-west facing boardwalk segments.
Discussion of this aspect of the project in Section 6.1.3 Boardwalk Alternatives of the
SEIR notes that further increases to decking H:W would result in visual impacts to
bordering EJ communities as well as increased direct impacts to salt marsh associated
with the greater number of support piles and other infrastructure needed for a taller
structure.MA DMF acknowledges the trade-offs that exist in design considerations
between indirect(shading)and direct(habitat displacement)impacts of walkways
constructed over salt marsh. The proposed design appears to balance these impacts by
maintaining a minimum 1:1 H:W ratio and a predominant north-south orientation across
the majority of the project footprint while limiting support structures to small diameter
helical piles.MA DMF feels that material provided in the SEIR adequately addresses
prior recommendations to explore alternative designs towards minimizing impact to salt
marsh habitat.
• MA DMF continues to support the proposed late fall to early winter(October 15 to April
1) construction window for work in salt marsh habitat detailed in the SEIR as this period
would avoid impacts to salt marsh during the growing season.
• MA DMF supports the time of year(TOY)restriction for in-water construction of
February 15 to June 15 to protect the above listed diadromous fish species [1] detailed
in Section 6.2 of the SEIR.
Questions regarding this review may be directed to John Logan in our New Bedford office at
john.logan@mass.gov.
Sincerely,
gc„,Jj
Daniel J. McKiernan
Director
cc: Yarmouth Conservation Commission
Laura Krause,BETA Group,Inc.
Sabrina Pereira,NMFS
Robert Boeri,CZM
Rachel Croy,Ed Reiner,EPA
Brendan Mullaney,DEP
John Sheppard,Emma Gallagher,Amanda Davis,DMF
References
1. Evans NT, Ford KH, Chase BC, Sheppard J. Recommended Time of Year Restrictions
(TOYs)for Coastal Alteration Projects to Protect Marine Fisheries Resources in Massachusetts.
Massachusetts Division of Marine Fisheries Technical Report, TR-47.
2
https://www.mass.gov/doc/time-of-year-recommendations-tr-47/download. Accessed September
29,2021. 2011.
2. Deegan LA,Hughes JE,Rountree RA. Salt marsh ecosystem support of marine transient
species. In: Weinstein MP,Kreeger DA, editors. Concepts and Controversies in Tidal Marsh
Ecology. Kluwer Academic Publisher,The Netherlands;2000.pp. 333-365.
3. Boesch DF,Turner RE. Dependence of fishery species on salt marshes: the role of food
and refuge. Estuaries. 1984;7:460-468.
4. Deegan LA,Garritt RH. Evidence for spatial variability in estuarine food webs.Marine
Ecology Progress Series. 1997;147: 31-47.
5. Logan JM, Davis A,Markos C,Ford K.H. Effects of docks on salt marsh vegetation: an
evaluation of ecological impacts and the efficacy of current design standards. Estuaries and
Coasts. 2018;41: 661-675.
6. Logan JM, Voss S,Davis A,Ford KH. An experimental evaluation of dock shading
impacts on salt marsh vegetation in a New England estuary.Estuaries and Coasts.2018;41: 13-
24.
7. Logan JM, Boeri A, Carr J,Evans T, Feeney EM,Frew K, et al.A review of habitat
impacts from residential docks and recommended Best Management Practices with an emphasis
on the Northeastern United States. https://www.mass.gov/doc/dock-bmp-
recommendations/download. Accessed November 18,2021.Estuaries and Coasts.2022;45:
1189-1216.
DM/JL/sd
3
Maura Healey, Governor
Kimberley Driscoll, Lieutenant Governor Ii7i7rS'S"4Iu ?( )
• Gina Fiandaca,Secretary&CEO Massachusetts Department of Transportation
June 9,2023
Rebecca Tepper, Secretary
Executive Office of Energy and Environmental Affairs
100 Cambridge Street,Suite 900
Boston,MA 02114-2150
RE: Yarmouth—Yarmouth Riverwalk—SEIR
(EEA#16626)
ATTN: MEPA Unit
Eva Vaughan
Dear Secretary Tepper:
On behalf of the Massachusetts Department of Transportation,I am submitting comments
regarding the Single Environmental Impact Report filed for the proposed Yarmouth Riverwalk in
Yarmouth as prepared by the Office of Transportation Planning. If you have any questions
regarding these comments,please contact J. Lionel Lucien,P.E.,Manager of the Public/Private
Development Unit,at(857) 368-8862.
Sincerely,
D,,stonokAk......
David J. Mohler
Executive Director
Office of Transportation Planning
DJM/j11
Ten Park Plaza,Suite 4160,Boston,MA 02116
Tel:857-368-4636,TTY:857-368-0655
www.mass.gov/massdot
Yarmouth—Yarmouth Riverwalk Page 2 6/9/2023
cc: Jonathan Gulliver,Administrator,Highway Division
Carrie Lavallee,P.E.,Chief Engineer,Highway Division
Mary-Joe Perry,District 5 Highway Director
James Danila, P.E., State Traffic Engineer
Cape Cod Commission(CCC)
Planning Board, Town of Yarmouth
uMaura Healey, Governor I774. 7.S'.S'4L?()
Kimberley Driscoll, Lieutenant Governor
Gina Fiandaca,Secretary&CEO Massachusetts Department of Transportation
MEMORANDUM
TO: David J. Mohler, Executive Director
Office of Transportation Planning
FROM: J. Lionel Lucien, P.E.,Manager
Public/Private Development Unit
DATE: June 9,2023
RE: Yarmouth—Yarmouth Riverwalk—SEIR
(EEA#16626)
The Public/Private Development Unit(PPDU)has reviewed the Single Environmental
Impact Report(SEIR)for the Yarmouth Riverwalk(the"Project")in Yarmouth as submitted
by BETA Group,Inc. on behalf of Yarmouth Town Administrator Robert Whritenour Jr. (the
"Proponent").
The Project site is a 119.78-acre parcel which is currently an undeveloped wetland
comprising of salt marsh and coastal beach land. The Project proposes to construct a riverwalk
park facility,including a walking/bicycling pathway,restroom facilities,kayak rental and
launch,and associated infrastructure including impervious surface and 88 off-street parking
spaces. Access to the site will be provided via a full-access driveway under STOP-sign control
connecting to Main Street,with an entrance lane and dedicated right-turn and left-turn exit
lanes. The Project includes a mid-block crosswalk located west of the Project driveway as
well as a crosswalk across the driveway and connection to the internal bikeway/walkway.
The Project previously submitted an Expanded Environmental Notification Form
(EENF)which was duly noticed in the Environmental Monitor on November 9,2022. The
EENF included supplemental information to support the Proponent's request for a waiver to
allow the preparation of a Single Environmental Impact Report(SEIR)rather than a Draft and
Final EIR. On December 16, 2023,the Secretary of Energy and Environmental Affairs(EEA)
issued a Certificate finding that the Project adequately complied with the Massachusetts
Environmental Protection Act(MEPA)and granting the requested waiver to allow the
submittal of an SEIR.
The SEIR and associated transportation analysis are responsive to MassDOT
commentary submitted for the EENF. The Transportation Impact Assessment(TIA)has been
updated and prepared following requirements and standards for the preparation of traffic
studies as jointly issued by the Commonwealth of Massachusetts Executive Office of Energy
&Environmental Affairs and the Massachusetts Department of Transportation(MassDOT).
As requested,the SEIR provides the stopping sight distance and intersection site distance
available to vehicles at the site driveway,as well as the sight distance to pedestrians on the
Ten Park Plaza,Suite 4160,Boston,MA 02116
Tel:857-368-4636,TTY:857-368-0655
www.mass.gov/massdot
Yarmouth—Yarmouth Riverwalk Page 2 6/9/2023
north and south sides of the proposed mid-block crossing.Also, a commitment to provide
additional traffic coordination during on-site events in order to prevent impacts on the state
highway system as well as mitigation measures are incorporated into the SEIR.
The Proponent provides a summary of the transportation mitigation program that
would include the following items:
• Bicycle/Pedestrian accommodations are incorporated into the design,
including:
o Construction of an 8-foot-wide shared-use-path; and
o Walking paths throughout the Site.
• Installation of right and left turn only lanes exiting the parking lot to decrease
queues.
• For events that require preparation of a Traffic Management Plan(TMP)and
coordination with the Police Department,traffic management techniques will
typically include:
o Police cruisers,police officers,and traffic control;
o Use of portable, changeable message boards on Route 28 displaying
event times and dates in advance of the event,with driving instructions
the day of the event to further guide visitors;
o Reversible lanes for peak entering and exiting traffic;
o Designate areas to stack early arriving vehicles before gates opened;
o Collect parking fees in interior areas of the Site to avoid backups to
Route 28; and
o Use of shuttle buses for large events.
Based on the limited project impacts and proposed mitigation to improve safety and
multi-modal site access,MassDOT recommends that no further environmental review be
required based on transportation issues. The Proponent should continue consultation with
MassDOT PPDU and the District 5 office to finalize the issuance of the Section 61 Finding
for the Project. If you have any questions regarding these comments,please contact
william.m.simon@dastate.ma.us.
MassDEP Commonwealth of Massachusetts
Executive Office of Energy&Environmental Affairs
iiii.,,
Department of Environmental Protection
Southeast Regional Office•20 Riverside Drive, Lakeville MA 02347.508-946-2700
Maura T.Healey Rebecca L.Tepper
Governor Secretary
Kimberley Driscoll Bonnie Heiple
Lieutenant Governor Commissioner
June 14, 2023
Rebecca L. Tepper, RE: SEIR Review EOEEA#16623
Secretary of Energy and Environment YARMOUTH.Riverwalk Park,Boardwalk
Executive Office of Energy& and Event Space at 669 Route 28 and a
Environmental Affairs portion of the unnumbered lot to the south
ATTN: MEPA Office
100 Cambridge Street, Suite 900
Boston,MA 02114
Dear Secretary Tepper,
The Southeast Regional Office of the Department of Environmental Protection
(MassDEP)has reviewed the Single Environmental Impact Report(SEIR)for the
Riverwalk Park,Boardwalk, and Event Space at 669 Route 28 and a portion of the un-
numbered lot to the south,Yarmouth,Massachusetts(EOEEA#16623). The Project
Proponent provides the following information for the Project:
The Town of Yarmouth(the Proponent)is proposing to redevelop the town-owned properties
located at 669 Route 28 and a portion of the un-numbered lot to the south in the Town of
Yarmouth,Massachusetts(Barnstable County)into a Riverwalk Park,Boardwalk,and Event Space
for use by residents and visitors(the Project).The Project aims to improve the existing property
through providing event space,recreation opportunities,public amenities and a restored coastline.
The"Site"includes a 23-acre former Drive-In property located at 669 Route 28,and 8 acres of the
Lewis Pond Marsh Conservation Area to the south.Work involves the rehabilitation of the
currently vacant property and conversion into a public park,featuring a central four-acre grassed
multi-use field area for periodic outdoor events,encircled with field and woodland walking paths.
Near the Parkers River,a nature-based play area for children is planned with play structures and
lawn games,shade sails,and artist shanties displaying work from various artists or other vendors.
The park design also features a pile-supported boardwalk leading to a float for launching canoes,
kayaks and paddleboards on the Parkers River.
A woodland path is also proposed that will connect the park to a 1,300 linear foot 6-foot-wide
boardwalk loop,including a pedestrian bridge,constructed as an elevated walkway over Salt
Marsh.The boardwalk includes three overlook areas and four bench areas,offering expansive
views of the sky and marsh below.Other improvements indude a porous paving parking lot with
This Information Is available in alternate format.Contact Glynis Bugg at 617-348-4040.
TTY#MassRelay Service 1-600-439-2370
MassDEP Website:www.mass.gov/dep
Printed on Recycled Paper
EEA No. 16623 December 9,2022
lighting for 88 new parking spaces,a small park office and restroom building(1,130 sf),and up to
nine artist shanties(at 140 sf each),a kiosk near the kayak launch,and associated utilities.None of
the proposed structures will be conditioned,as they will be seasonal.
Comments//Guidance
The MassDEP Southeast Regional Office has reviewed this SEIR and believes the Project
Proponent has adequately addressed the Department's EENF comments.As such,the
Department supports the applicants request for a Single EIR.
If you have any questions regarding these comments,please contact George Zoto at
George.ZotoAmass.gov or Jonathan.Hobilk mass.gov.
Very truly yours,
L 'nLu IAA
Jonathan E. Hobill, '
Regional Engineer,
Bureau of Water Resources
JH/GZ
Cc: DEP/SERO
ATTN:Millie Garcia-Serrano,Regional Director
Gerard Martin,Deputy Regional Director,BWR
John Handrahan, Deputy Regional Director,BWSC
Seth Pickering, Deputy Regional Director,BAW
Jennifer Viveiros, Deputy Regional Director, ADMIN
Maissoun Reda, Chief, Wetlands and Waterways.BWR
Greg DeCesare,Wetlands,BWR
Cally Harper, Wetlands,BWR
Brendan Mullaney,Waterways,BWR
Mark Dakers, Chief, Solid Waste,BAW
Elza Bystrom, Solid Waste,BAW
Angela Gallagher, Chief, Site Management,BWSC
Jennifer Wharff, Site Management,BWSC
THE COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
OFFICE OF COASTAL ZONE MANAGEMENT
100 Cambridge Street,Suite 900,Boston,MA 02114•(6171626-1200
MEMORANDUM
TO: Rebecca L.Tepper,Secretary,EEA
ATTN: Eva Vaughan,MEPA Unit
FROM: Lisa Berry Engler,Director,CZM
DATE: June 20,2023
RE: EEA-16623,Riverwalk Park,Boardwalk,and Event Space SEI Yarmouth
The Massachusetts Office of Coastal Zone Management (CZM) has completed its review of
the above-referenced Single Environmental Impact Report(SEIR)noticed in the Environmental Monitor
dated May 10,2023,and offers the following comments.
Project Description
The project involves the redevelopment of a previously altered town-owned property adjacent
to Parkers River in Yarmouth.The site includes a 23-acre former drive-in property and eight acres of
the Lewis Pond Marsh Conservation Area to the south. Work involves the redevelopment of the
currently vacant property and conversion into a public park. Proposed features include; a central
four-acre grassed multi-use field area for periodic outdoor events;multiple walking paths throughout
the property; a nature-based play area for children with play structures; numerous artist shanties; a
pile-supported boardwalk leading to a float for launching canoes, kayaks, and paddleboards; and a
1,300 linear foot boardwalk loop over the salt marsh.
The project has received financial assistance from state agencies including a Seaport Economic
Council Grant of$1,000,000 and a Department of Conservation and Recreation award of$200,000.
Other funding sources include a Local Community Preservation Act award for $3,700,000; a Local
Tourism Revenue Preservation Fund award for $100,000 and a Federal National Park Service award
for$956,000.
Project Comments
Comments were submitted previously on the Expanded Environmental Notification Form
in December 2022 and there was a meeting with the project proponents on April 7,2023, to review
comments and to discuss flood pathway analysis, opportunities to decrease impervious areas,
alternatives for the proposed reinforced turf and potential salt marsh migration pathways.The plans
presented in the SEIR were modified to address these comments and mitigate potential direct and
indirect environmental impacts.These changes include:
• The proposed use of geogrid-reinforced turf adjacent to the perimeter shared-use path was
eliminated from the plan and was replaced with a modified gravel and loam soil mixture that
will both support grass growth and withstand vehicle loads.This revision will avoid extensive
areas of the plastic geogrid material and eliminate the risk of the geogrid in those areas working
loose in a flood event and becoming floating marine debris.
MAURA T.HEALEY GOVERNOR KIMBERLEY DRISCOLL LIEUTENANT GOVERNOR REBECCA L.TEPPER SECRETARY LISA BERRY ENGLER DIRECTOR
www.mass.goVczm
• Revised site grading for an area east of the first cul-de-sac to create a berm to minimize the
risk of potential erosion due to increased flood velocities occurring within the Coastal AE
Zone.Additional plant pockets, trees,and shrubs are proposed to further slow and dissipate
flood waters.
• Revised site grading around the event space to reduce channelization of water at the southern
extent of the event space as flood water recedes following a flood event that increases that
surface water elevation above 7.5 feet (NAVD88).
The plans should be revised to use salt-tolerant, erosion-control plantings to stabilize the proposed
berm instead of boulders,which often scour around rocks in storms. Deep-rooted erosion control
plantings will help slow flood water more effectively without causing scour. For information about
plants for this application,please see the coastal bank section of StormSmart Properties Fact Sheet
#3: Planting Vegetation to Reduce Erosion and Storm Damage.
Federal Consistency Review
The proposed project may be subject to CZM federal consistency review, and if so,must be
found to be consistent with CZM's enforceable program policies. For further information on this
process,please contact Robert Boeri,Project Review Coordinator,at robert.boeri(a,mass.gov,or visit
the CZM website at www.mass.gov/federal-consistency-review-program.
Cc: Laura Krause,Beta Groupe,Inc.
Robert L Whritenour Jr.,Yarmouth Town Administrator
Brittany DiRienzo,Yarmouth Conservation Administrator
Kathleen Williams,Yarmouth Town Planner
Steve McKenna,MACZM
Rebecca Haney,MACZM
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