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Home My WebLink AboutNOIShorefront -Consultin 508-280-8046 Yarmouth Conservation Commission Professional Services on Land or At Sea 290 Center St., Dennis Port, MA 02639 www. shorefr ontconsulting. com shorefrontconsulting@gmail. com February 22,2024 Attn: Brittany DiRienzo 1146 Route 28 South Yarmouth, MA 02664-4492 By hand delivery and email Re: Notice of Intent Application Filine Packase: Propoled Shorefront Protection and Dock Repairs The Linda J. Cook Revocable Trust of 2007 98 Driftwood Lane South Yarmouth, MA 02664 Map l27,Parcel67 On behalf of my clients, Jeff and Linda Cook, I am submitting 1 copy of the completed Notice of Intent application filing package, plus (1) full size (24"x 36") original plus 6 copies of the project plan, and three original checks for the municipal filing for the above referenced project. Electronic copies of all documents will be emailed to the conservation office. The following items are enclosed: . Notice of Intent Application and NOI Fee Transmittal Form. Signed Administrative Checklist. Performance Standards Narrative, Alternatives Analysis, and Construction Protocol. Photographs of the site. Yarmouth USGS Map, Assessor Map 127, and Flood Map, identifying locus. Copy of Check #2264 for $92.50 made payable to the Commonwealth of Mass. for state share of DEP fee, (was sent directly to lockbox). Check #2265 for $117.50 check made payable to the Town of Yarmouth for town share of DEP fee. Check #2266 for $88.00 for the Town of Yarmouth By-Law fee (Category 5, dock, 44' x$2/FT.) ' Check #2267 for $10.00 check made payable to the Town of Yarmouth for advertising fee. Affidavit of Service, Abutter Notification Letter and Abutter List. "Plan Showing Proposed Shorefront Protection and Dock Repairs", by Shorefront Consulting, dated l2/7123 (1 sheet).. Certified mail receipts will be emailed with the electronic application package, Copy of the EDEP submittal confirmation will be emailed with the electronic application package Please schedule this filing for your March 7 12024 public hearing. If there are any questions or concerns regarding this filing, please contact me as soon as possible. Sincerely, (\ Yiaf Mark Burgess Shorefront Consulting Enclosures: As Stated cc: Mass. DEP/SERO - Wetlands (by EDEP) Mass. Division of Marine Fisheries (by email) Jeffand Linda Cook (Applicants) Shorefront Consulting Massachusetts Department of Environmental Protection Bureau of Resource Protection - Weflands WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, $40 hovided by MassDEP: MassDEPFile#: eDEP Transacti on #:l 67 7 25 8 City/Town:YARMOUTH A.General Information 1. hoject Location: a. StreetAddress b. CityiTown d. Latitude f. MaplPlat # 2. Applicant: f Individual ;7 Organization a. FirstName c. Organization d. MailingAddress e. City/Town h. PhoneNrunber 98 DRIFTWOOD LANE YARMOUTI{ 41.70305N 127 02660 70.t862'7W 67 g.ZipCode 02660 j. Enrail cookJj5O@aol.com c.ZipCode e. Longitude g.Parcehot# LINDAJ.b.LastName COOK THE LINDA J. COOK REVOCABLE TRUST OF 2OO7 98 DRIFTWOOD LANE YARMOUTH f. State MA 774-212-6371 i. Fax 3.Propety Owner: i- more than one owner a. FirstName LINDA . b. LastName COOK c. Organization Tm LINDA J. COOK REVOCABLE TRUST OF 2007 d. MaiiingAddress 98 DRIFTWOOD LANE e. CitylTown YARMOUTII f.State MA g. Zip Code 02660 h. PhoneNumber 774-212-6371 i. Fax j.Email cooklj50@aol.com 4.Representative: a. FirstName MARK b. LastName BURGESS c. Organization SHOREFRONT CONSTILTING d. MailingAddress 290 CENTER STREET e. CitylTown DENNIS PORT f. State MA g. Zip Code 02639 h.PhoneNumber 508-280-8046 i.Fax j.Email shorefrontconsulting@gmail.com 5.Total WPA Fee Paid (Automatically inserted from NOI Wetland Fee Transmittal Form): a.Total Fee Paid 210.00 b.State Fee Paid 92.50 c.CitylTown Fee Paid 117.50 6,General Project Description: PROPOSED FIBER ROLL SHOREFRONT PROTECTION AND MINOR DOCK REPAIRS Ta.Project Type: 1.J7 SingleFamilyHome 3.T Limited Project Driveway Crossing 5. V Dock/Pier 7. j- Coastal Engineering Stucture 9.f- Transportation 2. I Residential Subdivision 4. f Commercial,{lndush:ial 6.;-Utfities 8. : Agriculture (eg., cranberries, forestry) 10. ; -Other 7b.Is any portion of the proposed activity eligible to be treated as a limited project subject to 3 10 CMR 10.24 (coastal) or 310 CMR 10.53 (inland)? Page I of7 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, $40 If yes, describe which limitedproject applies to this project: 8.Properly recorded at the Registy of Deeds for: 1. IYes 17No 2. LimitedProject b.Certificate: c.Book: 193992 Provided by MassDEP: MassDEP File#: eDEP Transacti or #:167 7 258 City/Town:YARMOUTH d.Page:a.County: BARNSTABLE B. Buffer Zone & Resource Area Impacts (temporary & permanent) 1.Buffer Zone & Resource Area Impacts (temporary & permanent): i" This is a Buffer Zone only project - Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland, Inland Bank, or Coastal Resource Area. 2.Inland Resource Areas: (See 310 CMR 10.54 - 10.58, if not applicable, go to Section B.3. Coastal Resource Areas) Resource Area Size of Proposed Alteration Proposed Replacement (if any) a,l- Bank b.l- Bordering Vegetated Wetland c.l- Land under Waterbodies and Watenrays d.l- Bordering Land Subject to Flooding l.linearfeet l. square feet 1. Square feet 3. cubic yards dredged l. square feet 2. linear feet 2. square feet 2. square feet e. l- Isolated Land Subject to Flooding f i-- RiverfrontArea 2. Width of Riverfront Area (check one) 3. Total area ofRiverfront Area on the site ofthe proposed project 4. Proposed Alteration of the Riverfront Area: a. total square feet b. square feetwithin 100 ft. c. square feetbetween 100 ft. and 200 ft. 5. Has an altematives analysis been done and is it attached to this NOI? 2. square feet 3. cubic feet offlood storage lost 4. cubic feet replaced l. square feet 2. cubic feetofflood storage lost 3. cubic feetreplaced l. Name of Watenvay (if any) f 25 ft. - Desigrated Densely Developed Areas only f 100 ft - New agricultural projects only T 200 ft. - All otherprojects square feet l- Yes[-- No Page2 ofl * ELECTRONIC COPY 6. Was the lot where the activity is proposed created prior to August l, 1996? 3.Coastal Resource Areas: (See 310 CMR 10.25 - 10.35) Resource Area Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, $40 Provided by MassDEP: MassDEP File #: oDEP Transaction #:l 67 7 258 CitylTown:YARMOUTII I Yesi No Size of Proposed Alteration Proposed Replacement (if any) a. - Designated Port Areas b.l- Land Under the Ocean c. i Barrier Beaches d.;7 Coastal Beaches e.;- Coastal Dunes f j-v Coastal Banks g- Rocky Intertidal Shores hi'SaltMarshes i 17 L*6 ,rd.r Salt Ponds j. - Land Containing Shellfish k.i'- FishRuns Indicate size under 1. square feet 2. cubic yards dredged Land under the ocean below, Indicate size under Coastal Beaches and,/or Coatstal Dunes, below 80 1. square feet L square feet 20 1. linear feet 1. square feet 1. square feet 2 1. square feet 2. cubic yards beach nourishment 2. cubic yards dune nourishment 2. sq ft restoration, rehab, crea. 2. cubic yards dredged l. square feet Indicate size under Coastal Banls, Inland Banlq Land Under the Oceaq and/or inland Land Under Waterbodies and Waterways, above 1. cubic yards dredged I i7 Land Subject to Coastal 80 Storm Flowage 1. square feet 4. Restoration /Enhancement ." Restorarion/Replacement Ifthe project is for the purpose ofrestoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.2.b or B.3.h above, please entered the additional amount here. a. square feet of BVIV 5,Projects Involves Stream Crossings I- Project Involves Steams Crossings b. square feet of Salt Marsh Ifthe project involves Steam Crossings, please enter the nurnber ofnew steam crossings/number ofreplacement steam crossings. Page3 of7 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, $40 Provided by MassDEP: MassDEP File #: eDEP Transaction #:167 7 258 City/Town:YARMOUTH a. number ofnew steam crossings b. number ofreplacement steam o6ssings C. Other Applicable Standards and Requirements Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review 1 . Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage of Endangered Species program (NTHESP)? a. f Yes .7 No If yes, include proof of mailing ol hand delivery of NOI to: Nahral Heritage and Endangered Species Program Division of Fisheries and Wildlife 1 Rabbit Hill Road Westborough, MA 01581 b. Date of map:FROM MAP VIEWER If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18).... c. Submit Supplemental Information for Endangered Species Review * (Check boxes as they apply) l. t- Percentagelacreage ofproperty to be altered: percentage/acreage percentage/acreage 2. i - Assessor's Map or right-of-way plan of site 3.f Projectplansforentireprojectsite,includingwetlandresourceareasandareasoutsideofwetlandjurisdiction,showing existing and proposed conditions, existing and proposed tee/vegetation clearing line, and clearly demarcated limits of work ** a. i-'Project description (including description ofimpacts outside ofwetland resource area & buffer zone) b.r-- Photographs representative ofthe site c. i ' MESA filing fee (fee information availabie at: ) Make check payable to "Natural Heritage & Endangered Species Fund" and mail to NIIESP at above address Projects altering 10 or more acres ofland, also submit: d.; 'Vegetation cover type map of site e. i"' Project plans showing Priority & Estimated Habitat boundaries d. OR Check One of the following f.i"- ProjectisexemptaomMEsAreview.AttachapplicantletterindicatingwhichMESAexemptionapplies.(See321 cMR 10.14, species-act.html#10.14; the NOI must still be sent to NIIESP if the project is within estimated habitat pursuant to 310 CMR 10.37 and i0.59.) 2., Separate MESAreviewongoing. a. NIIESP Tracking Number b. Date submitted to NHESP 3.i- Separate MESA review completed. lnclude copy of NHESP "no Take" determination or valid Conservation & Management Permit with approved plan. Page4 of7 * ELECTRONIC COPY (a) within Wetland Resource Area (b) outside Resource Area * Some projects not in Estimated Habitat may be located in Priority Habitag and require NHESP review... 2. For coastal projects only, is any portion of the proposed project located below fte alesn high wat€rline or in a fish run? a.l- Not applicable - project is in inland resource area only b. ,l7 Yes i-- No If yes, include proof of mailing or hand delivery of NOI to either: South Shore - Cohasset to Rhode Island, and the Cape & Islands: Division of Marine Fisheries - Southeast Marine Fisheries Station Athr : Environmental Reviewer 836 S. Rodney French Blvd New Bedford, MA02744 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, $40 Provided by MassDEP: MassDEP File #: oDEP Transaction #:167 7 258 CitylTown:YARMOUTH North Shore - Hull to New Hampshire: Dvision ofMarine Fisheries - North Shore Office Atfr: Environmenal Reviewer 30 EmersonAvenue Gloucester, MA 01930 Ifyes, it may require a Chapter 9l license. For coastal towns in the Northeast Region, please contact MassDEP's Boston Office. For coastal towns in the Southeast Region, please contact MassDEP's Southeast Regional ofEce. 3. Is any portion of the proposed project within an Area of Critical Environmental Concem (ACECX a.r Yes 17 No If yes, provide name of ACEC (see irstuctions to WPA Form 3 or DEP Website for ACEC locations). Note: electonic filers click on Website. b. ACEC Name Is any portion of the proposed project within an area designated as an Outstanding Resource Water (ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00? a. f-Yes Lv No Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Restriction Act (M.G.L.c. 13 1, $ 40A) or the Coastal Wetlands Restriction Act (M.G.L.c. 130, $ 105)? a. i Yes 17 No Is this project subject to provisions of the MassDEP Stormwater Management Standards? a. i Yes, Attach a copy of the Stormwater Report as required by the Stormwater Management Standards per 310 CMR 1 0.05(6)(k)-(q) and check if: Applying for Low Impact Development (LID) site design credits (as described in Stormwater Managernent Handbook Vol.2, Chapter 3) A portion ofthe site constitutes redevelopment Proprietary BMPs are included in the Stormwater Management System b. i7 No, Explain why the project is exempt: L snnt"r'u-llvHome )V )-- Emergency Road Repair l. S-aU n.riaential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi-family t.r 2. T r Page 5 of7 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, $40 hovided by MassDEP: MassDEP File #: eDEP Transacti on #:l 67 7 258 City/Town:YARMOUTH {r 6.r 1 v 8. F 9. T I- housing project) with no discharge to Critical Areas. D. Additional Information Applicants must include the following with this Notice of Intent (NOI). See instructions for detrils. Online Users: Attach the docume,lrt tansaction number (provided on your receip page) for any ofthe following ffirmation you submit to ttre Departrent by regulm mail delivery. 1. USGS or other map of the area (along wiih a narrative description, if necessary) containing zufficient information for the 17 Conservation Commission and ttre Departrnent to locate the site. @lectonic filers may omit this item.) 2. Plans idmtiffing the location ofproposed activities (including activities proposed to serye as a Bordering Vegetated Wetland t7 [BWV] replication area or other mitigating measure) relative to the boundaries of each affected resource are{L 3. Identiff the method for BWV and other resource area boundary delineations (MassDEP BVW Field Data Form(s). t7 Determination of Applicability, Order of Resource Area Delineation, etc.), and attach documentation ofthe methodology. 4. List the titles and dates for all plans and other materials submitted with this NOI. v a. Plan Title:b. Plan Prepared By: c. Plan Signed/Stamped By: c. Revised Final Date: e. Scale: PROPOSED SHOREFRONT SHOREFRONT PROTECTIONAND CONSULTING DOCKREPAIRS DANIELA. OJALA,P.E. I2I7I23 1 ":20' If there is more than one propefiy owner, please attach a list of these property owners not listed on this form. Attach proof of rnailing for Nahral Heritage and Endangered Species Program, if needed. Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. Attach NOI Wetland Fee Transmittal Form. Attach Stormwater Report, if needed. Page 6 of7 * ELECTRONIC COPY E. Fees I Fee Exempt: No filing fee shall be assessed for projects ofany city, torvn. county, or dr.stlict ofthe Comnronwealth, federally recognized Indian tribe housing authority, municipal housing authority. or the Massachusetts Ba, Transportatiorr Authority. ges I ard2 of 7 Payer name o[ check: Last Nme Provided b1,N{assDEP: MassDEP File#: eDEP'Iransarctiur #: 167725 8 City/forvn :YARN,IOUTII 4 State Check Nunrber n q r k_ 6 Payer nme on check: First Name F. Signatures and Submittal Requiroments I hereby celtifo under lhe penalties of perjurl thrt the lbregoing Notice oflntent and accompanving plans, documents, and supporting d3ta arL' tlxe and complele to (he best ofnly knorvledge. I understand thal {he Consenation Cornmissiotr rvill place notificalion of this Notice in a local newspaper at the oipense of the appliclnt ill accordance with the wetlands regulalions, 3 1 0 CMR I 0.05(i)ta) I iurther cedi$' under penalties ofperjury that all abulters wele nolified ofthis application, pursuallt to the lequiremetlts oflv{ G,l-,, c. 131. g 40. Notice must be made by Certificate ofMailing or in writing bi' hand delivery or certitied mail (retum receipt request€d) ro all abutrers rvithin 100 fbet of the property liue of the prolect location zl te lzrt tqy For Gonselatlon Comnrlssiqn: Two copies of the completed Notice of Intent (Form 3), including supporting plansind documents, two copies of the NOI Wetlcnd Fee Transmittal Form, ald the city/town fee payment, to lhe Conservation Commission by certified mail or banrl delivery. Forll{assDEPl One copy of the cornpleted Notice of Intent (Form 3), iDchrding supponing plans and documents, one copy of the NOI Werlaud Fee Transmittal Form, and a copy of the state fee payment to the MassDEP Regional Office (see INtructiohs) hy certified mail or hand delivery. Other: Ifthe applicant has checked the "yesn box in Section C. Items l -3, above. ref'er to that section snd the Instructions for additional submittal requrremerts. The origiral and copies must be sent simuliareously Failure by the applicant to send copies in a timely manner may result in dismissal of the Notice oflntent. Page 7 of 7 * EI-ECTRONIC COPY Massach usetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G,L. c. 131, $40 of Applicurt A. Applicant Information l. Applicant: a. FirstName c. Organization d. Mailing Address e. City/Town h. Phone Number 2.Properfy Owner:(if different) a. First Name c. Organization d. Mailing Address e. City/Tou,n h. PhoneNumber' 3. Project Location: a. Street Address LINDAJ.b.LastName COOK THE LINDA J. COOK REVOCABLE TRUST OF 2OO7 98 DRIFTWOODLANE YARMOUTH f. State MA Provided by MassDEP: MassDEP File #: eDEP Transacti on #:l 67 7 258 City/Town:YARMOUTTI 02660 cooklj50@aol.com 02660 cooklj50@aol.com YARMOUTH b. LastName COOK THE LINDA J. COOK REVOCABLE TRUST OF 2OO7 98 DRIFTWOOD LANE YARMOUTH f.State MA 7742126371 LINDAJ. i. Fax 7742126371 i. Fax 98 DRIFTWOOD LANE g.ZipCode j.Email g. Zip Code j.Email b. CilylTown Are you exempted from Fee? f (YOU FIAVE SELECTED 'NO') Note: Fee will be exempted if you are one of the following: . City/Tou,n/Counry/District o Municipal Housing Auttrority o Indian Tribe Housing Authorityr MBTA State agencies are only exempt ifthe fee is less than $100 B. Fees Activity Type B.) SITE, WORK WITHOUT A HOUSE; A.) WORK ON DOCKS, PIERS, REVETMENTS, DIKES, ETC. (COASTAL ORINLAND). Activity Number t 25 Activity Fee 110.00 4.00 City/Town share offilling fee $117.s0 RF Multiplier Sub Total 110.00 100.00 State share offiling fee Total Project Fee $92.50 $210.00 Page 1 of 1 * ELECTRONIC COPY CONSERVATION OFFICE (Mminia tuaffue eft^erfrlia t <sok Alofice a{ Sntu* All filings must be made on Town of Yarmouth forms. The filing deadline is two weeks prior to the next scheduled Conservation Commission meeting for new applications. Failure to follow this Checklist shall result in an Administratively lncomplete Application and will not be advertised for a Public Hearing. Refer to the meetino schedule. Contact the Conservation Office if you need assistance. Does the property have any outstanding/expired Orders of Conditions? lf so, please flle a Request for Certificate of Compliance for each outstandingiexpired Order, as the Commission may not issue a new Order until any outstanding/expired Orders have been closed and recorded. ("see page 2) Hardcopy filing dropped off or mailed to the Conservation Office including: \ 1 Administrative Checklist 1 complete NOI application WPA form 3 with original signatures. Typed signatures will not be accepted. tailed narrative of the project including existing & proposed conditions, construction sequence, type of equipment, staging locations, drainage and stormwater, erosion controls, invasive species management and alternative analysis. The narrative shall include how the project meets performance standards per 310 CMR 10.0 & TOY Wetland Regulations, delineation sheets (if BVW or vegetated wetlands are present) or other resource area calculations, and supporting information. 1 100' radius map, current abutters list identifying the property owners who are to be notified per 310 CMR 10.00 and abutter notification form. Abutters list must be certified by the Town Assessor's office. The Assessot's office requires 7 days advance notice. All abutters must be notified via certified mail. Certified Mail Receipts (PS Form 3800) for all abutters. Green cards to be submitted at the hearing. 1 original and 6 copies of the plan, folded separately, right side out with title and project address visible. All plans shall reference NAVD1988 unless othenryise noted. See plan requirements armouth's share of State filing fee: By-law filing fee: Legal ad fee: Please list project property's street address on checks. Refer to Fee Schedule DEP share of the fee (refer to NOI form) shall be sent to: Dept. of Environmenta! Protection Box 4062 Boston, MA 02211 Yarmouth Conservation Commission . 1146 Route 28 South Yarmouth, MA02664-4492 Tel. (508)-398 -2231 Ext. !288 Separate check made payable to "Town of Yarmouth" (refer to NOI Wetland Fee Transmittal Form) Separate check made payable to "Town of Yarmouth" Separate check made payable to "Town of Yarmouth" Rev 72/2023 Page 1 of 2 DEP Submittal and Digitalfiling application. .lf not flling via eDEP, a PDF of your application, plan, and all other supporting information must be sent VlAEMAlLthesamedaytoDEP,SoutheastRegionat@withthesubjectlinein the email per DEP's request listed as "YARMOUTH - NOI - Street Address - Applicant Name" and copied to bdirienzo@varmouth.ma.us. We must receive a copy of this emailwith the application as proof that it has been submitted to DEP. lnitial below ! CERTIFY that all on-site requirements will be completed by noon on the Friday prior to the hearing date. All proposed structures must be staked, and all relevant resource areas and buffer zones must be staked or flagged. Please consult the Yarmouth Wetland Requlations, page 17. Without proper staking your project may be deemed incomplete and be continued to the next hearing date. lf Applicable Certified Mail Receipt for Massachusetts Natural Heritage and Endangered Species Program Certified Mail Receipt for Massachusetts Division of Marine Fisheries. lf flling via email, CC bdirienzo@va rmouth. ma.us Watenray's jurisdiction - Any coastal projects such as, but not limited to, docks, piers, bulkheads, revetments, dredging and boardwalks shall require submittal of all Notice of lntent, plans and supplemental information to the Town of Yarmouth Watenruays/Shellfish Committee via the Natural Resources office by certified mail or hand delivery. The applicant or his/her representative must provide the Conservation office with proof that this has been done or the filing will not be accepted. Other Requirements o Does the proposed project meet the applicable regulations of the Town of Yarmouth Zoning bylaws? Do you need to file with the Yarmouth Board of Appeals? lf so, you must file with ZBA after conservation permitting is completed. o lf a vacant lot, have you completed and received a determination for the Building Department for a lot inquiry form? *To view all Conservation files/permits for the property address online, go to www.varmouth.ma.us/LF Yarmouth Conservation Commission o 1146 Route 28 South Yarmouth, MAO2664-4492 Te l. (508)-398 -2237 Ext. 1288 Rev 1212023 Page 2 of 2 lf you are flling with MassDEP using eDEP, please include a copy of the submittal confirmation with your Jeff and Linda Cook, Yarmouth, MA Project Narrative Project Description The purpose of this project is to provide a small amount of shorefront protection for an existing boathouse on the waterfront, and relocate and replace two deteriorated timber piles with fiberglass piles. The boathouse is located approximately 8 feet from the water's edge, with a scarp atthat location. There is some thin saltmarsh fronting the shoreline. As expected, erosion has caused the scarp to move closer to the boathouse foundation. Thi homeowner is now concerned that the erosion could de-stabilize the outer edges of the boathouse foundation which could result in cracked walls and a much larger repair. Any crack repairs would be a large scope of work to excavate the slope, straighten flre wall, and then put everything back. Therefore, the homeowner is proposing a minor amount of shorefront protection which can stop the advance of the erosion. The proposed "softsolutioni' is viable for this area, and with maintenance will provide the desired level of protection at this site. There are two timber piles that secure the float which are in need of replacement. The homeowner would like to replace the timber piles with fiberglass piles, and relocate them to the ends ofthe float as shown on the plan. This will spread out the load to anchor the piles more effectively, and will be a permanent solution. Description of Proposed Work The area is first prepped by some minor regrading. Any larger stones in the soil would be removed. The fiber rolls are placed next and secured. Manufactured fill suitable for planting is placed on top ofthe rolls, graded, and secured with jute matting, twine and stakes. The area is then planted with Spartina Patens to hold the soil. The old piles will be removed and replaced when the float and ramp are installed for the season. That work is from a barge with a crane and hammer to pull and drive the piles. Standard protocols are included to prevent the barge from grounding at low tide. Refer to the construction protocol at the end of this narrative. All of the work is within the resource areas, and in previously disturbed areas. The fiber roll work can be accomplished with hand tools, with no large equipment necessary. The materials can be brought in by hand, installed by hand, etc. Materials and tools can be stored on the dock or in the boathouse. No portion of the surrounding resource areas will be disturbed or altered as a result of the proposed work. The proposed work can be accomplished without any negative effects to the resource area; in fact, the additional Spartina Paten plantings will provide a benefit to enhance the resource area. Resource Area Determination The project site is located in Follins Pond, the most upstream location of Bass River, a tidal river which flows to and from Nantucket Sound. Mean High Water and Mean Low Water elevations can be obtained from the Army Corps Profiles, (Tidal Profile #9), and indicate the elevations in NGVD which exist at the mouth of the river. The further you travel upstream, the more impact the river bottom, land restrictions, etc. impact the flow of water and reduce tidal flow, limiting the tidal elevations. The MHW and MLW elevations for this project were taken from another project on Merchant Ave across the pond, and from historical data from previous projects along this portion of Follins Pond. Since the pond is not in the direct flow of the "river", properties irrthis basin are not considered to be in ttre Riverfront Area. This project is consistent with the same determination for the Merchant Road project. Navigation The location of the proposed work fiber roll work is not within navigable waters. The pile replacement work is for exiting piles, which is categorized under general maintenance. Therefore, there will be no impact to navigation in the pond. Alternatives Analysis @iscussion of Options) The project as proposed protects ttre coastal bank from erosion that would eventually de-stabilize the boathouse foundation. the introduction of unwanted sediments into an area of the river that is shallow with a swift current. The project also manages the vegetation on the bank to improve light and promote understory growth. As such, the following analysis is offlered to describe the available options for this project. Page 1 of 4 Jeffand Linda Cook, Yarmouth, MA Option 1- Do nothing If nothing is done at this site, the scarped edge will continue to erode, leading towards the boathouse foundation. As previously stated, the de-stabilization of the boathouse foundation, subsequent wall cracking, etc. would r.qrrire large disturbances to the surrounding coastal bank slopes. This is a condition that should be avoided, and the applicant is being accordingly proactive. Therefore, the Do Nothing option is not a viable option because of the risk of increased disturbance to the resource areas if nothing was done. OPTION 2:Place small boulders at the water's edge and then place the fiber rolls behind the rocks. This type of shorefront protection has been used where the site is more vulnerable to wave action, but not so much as to be in direct wave energy from storms. Follins Pond is shallow, without a lot of fetch, and the likelihood of waves crashing on the biach in this location is unlikely or certainly not frequent. Boat wakes are likely to be the most "o--o, source of wave energy. The shoreline exhibits erosion along its length in this location, but it isn't severe enough to warrant the boulders. In addition, the boulders would make transit of kayaks and such from the boathouse more difFrcult. Therefore, this option was not chosen. OpTION 3: Install the shorefront protection along more of the site frontage. The site was evaluated for shorefront protection along the entire base of the slope. While there is a defined scarp along the waterfront, the slope appears io be stable at ihis time. The vegetation appears to be sufficient to hold the slope, and there doesn't seem to be any other areas that would benefrt from more of the soft solution. This option can be re-evaluated at such time that the bank slope starts to move. In that case, it may be prudent to install some protection at the base to protect the slope from slippage, which would eventually destabilize the bank and the upper retaining walls. The existing conditions Oo nof appear to warrant that level of protection at this time. Therefore, the option for the increased shorefront protection was not chosen at this time. OpTION 4: Replace the existing piles with pressure treated piles. While pressure treated piles are allowed for in- kind replacement, their lifespan is defined. Relocating the piles will better distribute the anchor forces for the float. Fiberglass piles do noileach any chemicals, and are a permanent replacement. Therefore, pressure treated piles were not chosen as replacements for this project. OpTION 5: project as proposed - This option provides the desired level of shorefront protection for the site, with all of the construction "mo.t tutirg place from the land. The shoreline will be stabilized, avoiding a much larger disturbance and repair of the boathouse. The plantings can be maintained, and will provide more nitrogen uptake from the surrounding areas. The fiberglass replacement piles benefit the resource area because they don't contain any chemicals that will leach into the environment. Overall, the project will enhance the resource areas without significant or permanent impacts. For these reasons, this option is the preferred option. Performance Standards The project proposes the stabilization of a small section of shoreline to protect the boathouse foundation. The areas a{iect"a Uy tt " project include Coastal Bank, Coastal Beach, and Land Under A Salt Pond. Each resource area is addressed below ieparately. The project as proposed will not have any significant or permanent adverse effects to the surrounding resource areas. Coastal Bank - The area of work over the coastal bank extends along the 20-foot length of the fiber rolls. The work in this area is limited to minor regrading and the installation of the manufactured frll and plantings. The project will be conditioned to prevent negative impacts to the bank. No negative impacts are anticipated. In fact, it "iu"t will be improved because of the restoration and stabilization. Under the Yarmouth Wetlands protection regulations (12/lll2r, section 4.05,3 (b); the project as proposed does not have an adverse effect due to wave u"tio, on the movement of sediment from the coastal bank to the coastal beach, and does no have an adverse effect on the stability of the coastal bank. The soil cover on the bank and over the fiber rolls can still transit to the beach area under more severe erosive conditions. The soil cover serves to stabilize the bank slope in this location, and therefore does not have an adverse effect on the stability ofthe slope. Therefore, the project as proposed can be permitted under 310 CMR 10.30 (6) through (8), and the Yarmouth Wetland Protection Regulations, section 4.0s(3)b. Page2 of 4 Jeffand Linda Cook, Yarmouth, MA Coastal Beach - The area of coastal beach extends only in front of the eroded area. Most of the remaining shorefront beach area is cobble based. The 20-feet of fiber rolls will protect the area, but also allow sediment to be removed from the installation area. Any work to install the fiber rolls and plantings is accomplished by hand and without equipment on the beach. Under the Yarmouth Wetlands protection regulations (12/11/23), section 4.02,3(a-f); the project as proposed does not affect the ability of waves to remove sediment from the beach (waves are not prevented from redching the shoreline), will not disturb the vegetative cover (it will add to it), cause any modification ofthe beach or downdrift beach (none at this location) that would increase the potential for storm of flood damage, interfere with the natural movement of the beach, or cause artificial removal of sand from the beach. Accordingly, there is no seaweed in this location proposed for removal. The construction will not change the role for the beach in storm damage prevention, flood control, or protection of wildlife habitat. The fiber rolls and any associated construction effort will also not change the volume or form of the beach sediments. The configuration will also not change the ability of the beach (seaward of the fiber rolls) to respond to wave action, or have any negative effect for any downdrift beach (none exist). The fiber rolls and work to install them, as designed will have no adverse impacts to the coastal beach, and therefore meets the performance standards for work on a Coastal Beach. Therefore, the project as proposed can be permitted under 310 CMR 10.27 (I) through (7), and the Yarmouth Wetland Protection Regulations, section 4.05 (3) a-f. Land Under a Salt Pond - The only work for this resource area is limited to the replacement of two pressure treated piles with fiberglass piles. The work will be performed from a working barge,where protocolJwill prevent grounding of the barge. This type of work is considered minor maintenance as allowed under the regulations. This type of work may be approved administratively, but is included in the NOI for completeness. For 310 CMR 10.33 (3), The proposed work will not have an adverse efilect on the marine fisheries or wildlife habitat of such a salt pond caused by: (a) alterations of water circulation; (b) alterations in the distribution of sediment grain size and the relief or elevation of the bottom topography; (c) modifications in the flow of fresh and/or salt water; (d) alterations in the productivity of plants, or alterations in water qualrty, including, but not limited to, other than normal fluctuations in the level of dissolved oxygen, nutrients, temperature or turbidity, or the addition of pollutants.3l0 CMR 10.33(4) does not apply since no dredging is proposed. 310 CMR 10.33 (5); The project will have no adverse impact to specified habitat sites of rare vertebrate or invertebrate species, as identified by procedures established under 310 CMR 10.37. Under the Yarmouth Wetland Protection Regulations, section 4.07 (3) a and b (section b does not apply); the project will not have an adverse effect on the wildlife, wildlife habitat, marine fisheries or shellfish habitat of such a salt pond because there will be no modification to the following: i. alterations of water circulation; ii. alterations in the distribution of sediment grain size and the relief or elevation of the bottom topography: iii. modifications in the flow of fresh and or salt water; iv. alterations in the productivity of plants, or v. alterations in water quality, including, but not limited to, other than normal fluctuations in the level of dissolved oxygen, nutrients, temperature or turbidity, or the addition of pollutants. Therefore, the project as proposed can be permitted under 310 CMR 10.33 (3) through (5), and the yarmouth Wetland Protection Regulations, section 4.07 (3)aand b. Page 3 of 4 Jeffand Linda Cook, Yarmouth, MA CONSTRUCTION PROTOCOL The staging area for materials will be on the applicant's propgrt1': The work area shall be kept to a minimum. All land of MIIW or in the boathouse when not in use. No :#*'J:fl ;l;'1,ffiril:'-fi :T#.""ff :'#lH[ not be allowed to operate in conditions that will lead to grounding, and shall be stored in deep enough water to prevent grounding. Pre-Construction Meeting prior to construction, a pre--construction meeting shall be held on-site with the Contractor, Property Owner (or owner,s representativey,^and the Conservation Commission and/or agent. The purpose of the meeting is to clearly delineate tie 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. Thi Contractor will comply with mitigation measures as established by the Conservation Commission. eU Oirto.Ued vegetated areas shall be re-vegetated with similar native vegetation to match pre- construction conditions and the surrounding areas, or as determined during flre pre-construction meeting To be discussed at this meeting: o Existing properly conditions, necessary precautions to be taken by the Contractor; o Means and methods for construction; o Means and methods for siltation controls; o Necessary post-constructionreparations and conditions; o Procedureforpost-constructioninspection; o Shorefront Consulting's responsibilities for inspection and project coordination During Construction, the site shall be accessible for inspection during reasonable hours by all parties, members of the conservation commission and their agents, and the Project Manager. Post-construction meeting Upon completion of construction, but prior to equipment being removed from the site, a post-construction meeting shall be hild on-site with the Contractor, Property Ov er (or owner's representative), and the Conservation Commission and/or agent. The purpose of this meeting is to determine that the project has been satisfactorily completed in accordance with ali permits, and that no additional work or mitigation is required by the Contractor. Restoration of project area Upon comptetion of construction, the staging areas, vegetated areas, and any other areas disturbed by the construction effort shall be returned as much as practical to their pre-construction conditions to the satisfaction of the property owner and conservation agent. Page 4 of 4 3 ¢ ! Existing shorefront conditions for proposed protection Existing shorefront showing wetland flags; boathouse is directly to the right vd 3 ~ ”oN [| Existing shorefront conditions for proposed protection Existing shorefront pictures 5-1-23;Jeff &Linda Cook;98 Driftwood Lane,Assessors map 127,parcel 67 98 Driftwood Lane USGS "USGS Topographic Maps Property Tax Parcels assMapper) TEER Leste MassOiS February 19,2024 C1]Parcel Boundaries 98 Driftwood Lane 1:2,257 0 75 150 Aft L 1 1 1 1 1 ae J I T T T T T T T T 0 20 <2 80m Shorefront -Shorefront Consulting Professional Services on Land or At Sea 290 Center St., Dermis Port, MA 02639 508-280-8046 February 22,2024 AX'F'IDAYIT OF SERVICE Massachusetts Wetlands Protection Act M.G.L., CH 131, Sec.40 I, Mark Burgess, of Shorefront Consulting, hereby certify under the pains and penalties of perjury that on February 22,2024,I sent notification to abutters, in compliance with the second paragraph of Massachusetts General Laws, Chapter 131, Section4}, andthe Department of Environmental Protections' Guide to Abutter Notification, dated, April 8, 1994,inconnection with the following matter: A Notice of Intent was filed under the Massachusetts Wetlands Protection Act and the Yarmouth Wetlands Protection By-law, by Jeffand Linda Cook with the Yarmouth Conservation Commission on February 22,2024 for the property located at 98 Driftwood Lane, Map 727, Parcel 67 in South Yarmouth, MA. The project is for the installation of shorefront protection and dock repairs. The form of notification and a list of the abutters to whom the notice was given and their addresses are attached to this Affidavit of Service. Sincerely, Mark Burgess Shorefront Consulting Enclosures: As Stated cc: YarmouthConservationCommission Jeffand Linda Cook (Applicants) www. shorefrontconsulting. com shorefrontconsulting@ gmail. com Shorefront .- Shorefront Consulting Professional Services on Land or At Sea 290 Center St., Dennis Port, MA 02639 ww.shorefrontconsulting.com 508-280-8046 shorefrontconsulting@gmail.com NOT!FICATION TO ABUTTERS UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACA & TOWN OF YARMOUTH WETTAND BY-LAW, CHAPTER 143 ln accordance with the second paragraph of the Massachusetts General Laws Chapter L31, Section 40, you are hereby notified of the following: A. The name of the applicant is Jeff and Linda Cook B. The applicant has filed a Notice of lntent with the Yarmouth Conservation Commission, seeking permission to remove, fill, dredge or alter an Area Subject to Protection under the Wetlands Protection Act (MGL c. 131s.40 & Town of Yarmouth Wetland By-Law, Chapter 143). C. The address of the lot where the activity is proposed is 98 Driftwood Lane D. Proposed work is for shorefront protection and dock repairs. E. Copies of the Notice of lntent may be examined at the Yarmouth Town Hall at the Conservation Commission office between the hours of 9:00 a.m. and 4:00 p.m. Monday thru Friday. For more information, call (508) 398-2237 ext. L288. F. Copies of the Notice of lntent may be obtained from either the applicant or applicant's representative. Applicant's phone number OrApplicant's representatives phone number 508-280-8045 G. lnformation regarding the date, time and place of the public hearing may be obtained by calling the Yarmouth Conservation Commission office at (508) 398-2231. ext. 1288 H. Person sending this notification (applicant, representative or other) Name Address 290 Center Street Town Dennis Port State MA Zip Telephone 508-280-8046 NOTES: o Meeting will be held both in person and by remote means; contact the town for login information. o Notice of the public hearing, including date, time and place will be published at least five (5) days in advance in the Register. o Notice of the public hearing, including date, time and place will be posted in the Town Hall not less than forty-eight hours in advance. o You may also contact the Southeast Regional Office of the Department of Environmental Protection at (508) 946-2800 for more information about this application. 128t 1t I I PERILLI PETER PERILLI ELIZABETH 106 DRIFTWOOD LN, i YARMOUTH PORT, MA 02675 : 1281 '2t i t FLATLEY JOSEPH L TRS BARATTA CYNTHIA C 150 CAMBRIDGE ST UNIT 408 CAMBRIDGE ,MA02141 , 127t 68t i t MACDONALD NATALIE J 34 SHERWOOD LN NEW CANAAN , CT 06840.3523 1271 66/ I I MACDONALD NATALIE J C/O MACDONALD NATALIE J TR : 34 SHERWOOD LN NEW CANAAN , CT 06840.3523 127t 671 I I COOK JEFFREY A TRS. COOK LINDA J TRS ] 98 DRIFTWOOD LN SOUTH YARMOUTH , MA 02664 Please use this signature to certify this list of properties abutting within 100'of the parcel located at: 98 Driftwood Ln., South Yarmouth, MA 02664 Assessors Map 1 27, Lot 67 14