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HomeMy WebLinkAboutresponse letter 11.2.23 WRS Engineering LLC 67 Stetson Street Hyannis, MA 02601 508-776-0956 royokurowski@gmail.com November 2, 2023 By email Conservation Commission 1146 Route 28 South Yarmouth, MA 02664 Re: Paul and Nancy Cruz Notice of Intent for Enforcement Order Proposed Mitigation Plantings 52 Prince Road Yarmouth, MA Map 29 Parcel 88 Dear Commissioners, This original notice of intent filing was filed on 9/6/23 in accordance with requirements set forth in an enforcement order issued by the Yarmouth Conservation Commission on 7/21/23. However, the agent asked for some revisions to the plan and narratives which are included in today’s submission. Specifically, we have included revised excerpts of the Project Description, Performance Standards, and Alternatives Analysis. The enforcement order was triggered when the Conservation Agent and Commissioners visited the site subsequent to the applicant filing for a Notice of Intent for a proposed pier and noticed the violations. The main components of the enforcement were the following: - Alteration of a wetland resource area and buffer zone – unpermitted installation of patio, rinsing station, and gravel hardscape in Land subject to coastal storm flowage, riverfront area, and the buffer zones to a coastal bank and salt marsh. - Boat storage from a bulkhead without 3 feet of water The findings of the enforcement order dictate that the owner shall submit an after-the-fact filing for the patio, hardscape and rinsing station by November 22, 2023. In addition, mitigation in the form of native plantings at a 2:1 ratio is required for the additional hardscape. To comply with this enforcement order, this proposal includes the replanting with native buffer vegetation in excess of the requirements of the 2:1 stated in the enforcement. Including the removal of the crushed stone around the perimeter of the bulkhead. After the owner’s consultation with the agent, we enhanced/revised this proposal to include the following: - Permit all existing patio hardscape (Areas A&C = 631 SF) and rinsing station (Area B = 26 SF). - Removal of existing crushed stone hardscape around perimeter of bulkhead (1,776 SF) - Total required mitigation at 2:1 is 1,314 SF, this proposal incorporates 3,552 SF of mitigation which far exceeds the requirements stated in the enforcement order. The mitigation consists of the removal of the 1,776 SF hardscape and the planting of loam, American beach grass and Pennsylvania Sedge in the amount of 1,776 SF. Performance Standards Since this is a mitigation project and resource enhancement only, the resource areas associated with the project are buffer zone to coastal bank, salt marsh and within Land Subject to Coastal Storm Flowage. Please see the original application for performance standards of LSCSF. There will be no adverse impacts to the buffer zone to coastal bank and salt marsh and will prove to enhance it. The agent also asked that we include supplemental checks for riverfront area, but are respectfully rejecting that request as we do not believe this area is considered “Riverfront” as per MassDEP regulations. Lewis Bay is a waterbody and tidally influenced extension of Nantucket Sound. A river by definition is perennial by nature including streams and brooks that end where they meet the ocean, lake or pond. Our interpretation is that this property does not apply to that. Alternatives Analysis Please below revisions to the alternatives analysis. Option 1: Do nothing – Not an option because this is an enforcement order filing and is a requirement to perform some type of remedial action. Option 2: Remove all hardscape. This is not a viable option. The homeowners have gone to great expense to finish their property and enjoy the outdoor spaces with their patios. They are great stewards of their property and respect the resource areas and would rather mitigate the violated hardscapes to improve the resource areas. Option 3: Mitigate at 2:1 – proposed option as outlined in the enforcement order. If you have any questions or require additional information, please give our office a call. Thank you. Sincerely, WRS Engineering LLC Roy E. Okurowski P.E. Enclosures: Revised WPA Form 3 signature page Revised “Resource Area Impacts” section of NOI 8 Copies of WRS Engineering revised site plan dated 10-1-23 “Proposed Mitigation Plan”