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Home My WebLink About29 Scallop Rd Conservation Notice of Intent to Abutters 10.5.2015NOTICE OF INTENT ABUTTER NOTIFICATION LETTER DATE: 10/5/15 copy RE: Upcoming Yarmouth Conservation Commission Public Hearing To Whom It May Concern, As an immediate abutter of a proposed project, please be advised that a NOTICE OF INTENT application has been filed with the Yarmouth Conservation Commission. APPLICANT: PROJECT ADDRESS OR LOCATION: Chleck Family Foundation Inc. 29 Scallop Road West Yarmouth, MA ASSESSOR'S MAP & PARCEL: Map 14 Parcel 23 PROJECT DESCRIPTION: Demolish or move off -site existing single family dwelling; construct replacement single family dwelling with pool, retainage, driveway. utilities & landscaping, APPLICANT'S AGENT: A. M. Wilson Associates, Inc. 20 Rascally Rabbit Rd., Unit 3 Marstons_Mills, A _02648 PUBLIC HEARRENG: Town Hall, Yarmouth Hearing Room - lower level Date: 11 ? 5,' 15 Time: After 6:30 F.M. *Please call Conservation Commission office for exact time. NOTE: Plans and application describing the proposed activity are on file with the Conservation Commission (508-398-2231 x1283) EXH.K 14/ 15/ / / CHARIF LOREN CHARIF SHEILA 50 CHANNEL POINT DR WEST YARMOUTH, MA 02673 14/ 261 MAHER DAVID L MAHER MARILYN J 400 CAPITOL PARK AVE 9202 SALT LAKE CITY, UT 84103 14/ 271 1 I CHLECK JOURNEYS END CORP 254 VILLAGE BLVD 4103 TEQUESTA, FL 33469 141 28/ / / MORRISON JEFFRY M POWERS MARY E 1 FOREST C1R COHASSET, MA 02025 141 24/ I I KAITZ M= A TRS KAM STEVEN S TRS I IO'NE 6TH ST DELRAY BEACH, FL 33444 14/ 221 / I SZCZUROWSKI ANDREW 298 BEACON ST #8 BOSTON, MA 02116 141 19/ 1 1 BECKER HAROLD S TRS BECKER MARILYN L 380 SPYGLASS WAY JUPITER, FL 33477 141 18/ / 1 YANNATOS GERASIMOS YANNATOS ELPINIKI 9 MARK WAY WEST YARMOUTH, MA 02673 9/22/15 Please use the signature below to certify the owners within 100' of 29 Scallop Rd, South Yarmouth, MA. 1�tA 2v1Mk-- Andy M ado Directo of Assessing COPY AFFIDAVIT OF SERVICE Under MGL C. 131, s. 40 AND the Town of Yarmouth Wetlands Bylaw (to be submitted to the Massachusetts Department of Environmental Protection and the Conservation Commission when filing a Notice of Intent) I, A. M. WILSON ASSOCIATES, INC. , hereby (Person making affidavit) certify under the pains and penalties of perjury that on ft��s�` I gave notification ate) to abutters in compliance with the second paragraph of Massachusetts General Laws Chapter 131, Section 40, and 310 CMR 10, and Yarmouth Conservation Commission requirements in connection with the following matter: A Notice of Intent filed under the Massachusetts Wetlands Protection Act for Chleck Family Foundation Inc. with the Yarmouth Conservation Commission on (Applicant) (Date) for property located at 14 23 29 ScaIlop Road, West Yarmouth ( map) (parcel) (street address) The form of the notification, and a list of the abutters to whom it was given and their addresses, are attached to this Affidavit of Service. A. M. WILSON ASSOCIATES, INC. �l - T Arlene M. Wilson, PWS Date A55E550R5 MAP ' 4 PARCEL24 4� / 60.I4 -4 _ �h Pq74 esr, roM 57go 775. ACCESS + 4- LIMIT F ED WN BEACH \ / / — 6 _ STARSfX15TING 6 CRU S FLAG+-- 5T0 EDFUVf jL I l ' ` �15HING J r m l GHlP STONE 4 }".` }f• f : , '!!;/ _ 7 WELL 7 COVERr:D PORAl As" CH. 5TONE R;P RAP I /-//6 ,/,•i " / , , .✓/ /`'i.•..},,{`. / /F"� / I ZONE AE f ,fDEMOLITION / ZONE VE WORK LIMIT / I � I f"! •, //,fir: !,/ . / ,,, /,//� f �/ /.• .'/ , ,/r / } ,',�. 8 Z �i�. '//, / i } / f/} ,}/� .}' F}}/.l } / //'•', Cod /SPA // !/i � !r ,% /� %/'• ! // �� / / COVERED } CEDAR 4 CEDAR i �. 1 ; `,/ •;;PROP05 %! / I f GECIDUOU5 n /ro FFF' I DFGIDO' J5 POOL w /iw" > ` / J DECTDKUOUS PROP05fID DRIVEWAY /WIr ti d �PFp TEE 5 5 a ¢ DECK iKAGE, / EXI5TING� E7(15TING/Oq�q q / FIELD 5TONf) WALL I DWELLING + O, P?o?O inyED / +4 DEMOLITION JMIr F 6 to y 1 1 i WORK LIMIT y66o O�� 2i� 1 k � 5 �x�yilt3C� l 0 of \ �— gA O. 1 / �TBM: TOP (:D FND. sS` ) S84° 36' Sp"W EL. 4.9' +M1) \ \ ATOM: NKIE)W PATH A55f55OR5 MAP 14 PARCEL 18 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 — Notice of intentLLI Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ��mentTransactianNumber West Yarmouth & Town of Yarmouth Wetlands Bylaw clty/rown - Important: A. General Information When filling out fors on the computer, use 1. Project Location (Note: electronic filers will click on button to locate project site): only the tab key to move your 29 Scallop Road West Yarmouth 02673 cursor - do not use the return _ a. Street Address � � � b. City/Town _ c. Zip Code key. Latitude and Longitude: C] d. Latitude 14 23 e- Longitude �� f. Assessors Map/Plat Number g. Parcel /Lot Number 2. Applicant: - - - a. First Name b. Last Name Note: Chleck Family Foundation Inc. _ Before c. Organization completing this 254 Village Boulevard, #4103 for consult your local -•- d. Street Address Conservation Teguesta FL Commission e. civrown f. State _33469 g. Zip Code regarding any municipal bylaw or ordinance. h. Phone Number L Fax Number j. Email Address 3. Property owner (required if different from applicant): ❑ Check if more than one owner a. First Name i b. last Name c. Organization d. Street Address e. City/Town f. State g. Zip Code h. Phone Number L Fax Number j. Email address 4. Representative (if any): COPY Arlene M. Wilson a. First Name b. Last !Name A.M. Wilson Associates Inc. c. Company 20 Rascally Rabbit Road, Unit 3 d. Street Address Marstons Mills MA 02648 e. CiVrown f. State g. Zip Code 508-420-9792 508-420-9795 a_mwilsonassoc@amwilsonassociates.com h. Phone Number L Fax Number j. Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transm tta Form): $610. $292A _ $317.N & $300 A (local) a. Total Fee Paid b. State Fee Paid c. Citylrown Fee Paid wpafor3.doc • rev. 4/22/2G15 Page 1 of 9 Project Description 29 Scallop Road West Yarmouth The Subject ProlRedy is a lot ±1.45 acres located southerly of Scallop Road and westerly of Mark Way. The property has ±130' of frontage on Lewis Bay. It is currently developed with a single family dwelling with attached garage, two detached sheds, a paved driveway, stone turning circle and parking court, grouted stone retainage westerly of the dwelling, rip rap seawall and beach access stairs. Resource Areas at the site include: Land Under the Waters of Lewis Bay, and narrow intertidal beach. MHW occurs on the seaward side of the seawall. The seawall's top is the Top of Coastal Bank but, at somewhat less than 5' NAVD 88, is V lower than the VE (13) Zone to its west and 6' lower than the AE (11) Zone which extends to its east and encompasses the entire upland portion of the lot. This mapping places the entire lot in Land Subject to Coastal Storm Flowage. No portion of the lot is subject to restriction under MCL Ch 130 sec 105 (the Coastal Wetland Restrictions Act). No portion of the site is mapped as rare wetlands related wildlife habitat by MNHESP. Although, at some time in the past, the westerly section of the site may have been classifiable as coastal dune, it no longer is. The construction of the rip rap seawall, authorized in 1996 under SE 83- 1376 isolated the beach from the remainder of the property, preventing movement of sediment from the intertidal to the supratidal portions of the property, as well as from the upland to the beach. The land area to the east of the wall, being essentially flat with a slight dishing of ± 1', does not meet the definition of a coastal dune found at 310 CMR 10.28 (2): "...any natural hill, mound or ridge of sediment... serving the purpose of storm damage prevention or flood control." Further, the stone retaining wall located ±2 F from the house, which has existed for much longer than the seawall, prevents sediment movement toward the upland. Vegetative cover in the area between the walls is more characteristic of a coastal plain community. Consequently, although some of the sediment in the area may have originally been deposited by wind or flood waters, the area has none of the form, connectivity or purpose which would continue to allow it to be classified as dune. It is merely LSCSF. The Project involves the replacement of the existing dwelling. Depending on the requirements of the town's Historic Commission, the existing dwelling will either be demolished or relocated from the site. Existing outbuildings will be demolished. Access for deconstruction will be via the existing drive from Scallop Road. The work limit for demolition will be established utilizing the existing stone wall near the house and extending straw bails or wattles backed by siltation fence COPY off each end. The septic system will be pumped and filled. The site will be graded and disturbed areas will be seeded with a fescue mix. A new dwelling will subsequently be constructed on site. A sheet pile retaining wall will be constructed first to act both as retainage for required fill and as the site's construction work limit. It will make up the outer side of a negative edge pool and obviate the need for pool fencing on the water side of the development site. The proposed foundation will conform to flood requirements for AE Zones. The garage, a non -living space, will be built ±2.5' below the flood elevation to minimize fill requirements in the front of the house. It will be provided with breakaway panels as required. Utilities will be located in the mud room between the garage and the main house. Its floor will be at the 100 year flood elevation. The fff of the house will be ±7" above the 100 year flood elevation. The pool and pool deck will be located between the house and the retaining wall. Existing native vegetation will be retained in areas seaward of the timber retaining wall. Any area noted as "lawn" will be seeded/sodded with "Eco- LawnTm" or similar mixed fescue seed. No bluegrass turf will be installed. The proposed septic system will be located at least 100' landward of the existing rip rap wall. Impacts to the interests of the Act and Bylaw should be beneficial to benign. The existing dwelling does not conform to requirements for construction in flood prone areas. The replacement will do so, minimizing the potential for flood and storm damage. The new construction will eliminate a septic system which does not conform to current standards, reducing the potential for ground water pollution. The utilization of native grasses which require no fertilizer or herbicide application after initial installation and minimal irrigation means the pollutant load will not be increased. The use of salt or ozone based bactericides for the pool eliminate the potential for adverse shellfish impacts from chlorine based products. Maintenance of native vegetation in more than the Commission's locally required 50' buffer provides additional erosion and pollution attenuation by the native shrub dominant plant community. This thicket community also will continue to provide cover, forage and nesting/denning areas for small mammals and birds. Field Report 29 Scallop Road West Yarmouth A site visit was made on the morning of 8/7/15 for the purpose of delineating resource areas subject to protection under MGL Ch. 131 Sec. 40 and 310 CMR 10, ' the State Wetlands Protection Act and its regulations, and the Town of Yarmouth Wetlands Protection Bylaw and its regulations. I arrived at the site at approximately 11:00 AM; ± I hour before High Tide. The temperature was ±78° F. Winds were light. The sky was mostly clear. There had been no substantial precipitation for almost a week. The site is located southwesterly of the end of Scallop Road. It is ±130' of frontage on the southeasterly side of Lewis Bay. The site contains ± 1.45 Acres and is shown as Lot 102 on Land Court Plan 14426K. The property is developed with a 4 bedroom dwelling with attached garage, now apparently vacant. The main portion of the dwelling may date to ± 1721, but the structure is not original to the site and, based on public records, may have been relocated to the site from Chatham in 1935. There are two freestanding sheds located to the east of the house. A grouted stone wall is located ± 25' west of the westerly facade. It defines the lawn/yard on that side of the dwelling. The shore line is defined by a rip rap wall which runs the entire westerly length of the property. A foot path runs along the westerly portion of the north line. property It leads to a set of wooden beach access stairs. A second access path and access stair used by the neighborhood abuts the southerly lot line. The site is relativelylow and flat. t. FEMA maps the entire site as subject to flooding ina. 100 year event. USDA/SCS maps the site as Carver Coarse Sands with 0-3% slopes. USGS maps the Harwich Outwash site as Plain deposits with a very narrow line of Beach Deposits immediately adjacent and parallel to the shore. MDEP shows the area between the lawn edge and the seawall to be "Dune". The older MDEM Coastal Restriction Program mapping also shows an area westerly of the house as dune. In this mapping, done prior to the seawall construction, the dune is about half the east/west width of the current DEM/GIS mapping. Consequently, the main focus of our site visit was to determine whether any dunes actually exist on the property. 310 CMR 10.28 (2) defines a Coastal Dune as "...any natural hill, mound or ridge of sediment landward of a coastal beach deposited by wind action or storm over wash. Coastal dune also means sediment deposited by artificial means and serving the purpose of storm damage prevention or flood control." The area mapped by MDEM as Dune has none of the topographic characteristics outlined in the regulatory definition. Rather, it is slightly dished out, appearing to be 1- I Ys' lower than the tops of its confining walls ± 45' from either of them. Except for the area within 3' - 4' of the east side of the seawall and along the access path no wind or water born sand deposits are in evidence. Even in this area, the sand is essentially even with or slightly below the wall top. Aeolian deposits further landward - ±10' - from the seawall are less than F thick. Vegetation in the area is quite dense with cover estimated at over 95%. Approximately 90% of that cover is woody shrubs with scattered trees and saplings. It may be that prior to the construction of the seawall and the erosive events which precipitated its construction, a primary dune occurred immediately adjacent to the beach. However, it appears that the major portion of such relief was either eroded away, removed during wall construction or both. For the remainder of the area mapped by MDEM, the USDA/SCS and USGS mapping appear to be more consistent with actual site conditions: i.e. sandy, droughty, but upland glacially deposited sediments and associated soils. Further, the area in question cannot and does not function as a dune. The seawall has foreclosed the opportunity for the site to contribute sediment to the long - shore drift system. The landward landscape wall forecloses the opportunity for landward movement. The dense woody vegetative cover prevents winds from moving sediment out of the area. The lack of a sandy supra -tidal beach together with the up and down - drift groins and seawalls means there is essentially no sediment to be deposited on the site by aeolian or littoral means. Because the area is lower than both seawall and the house pad and because the entire area is subject to flooding in a 100 year event, the area provides no protection from flooding. Thus, it is my professional opinion that the thicket between the two stone walls should not be classified as Dune, but merely as Land Subject to Coastal Storm Flowage. It appears from staining on and wrack deposition in the interstices of the rip rap wall that Mean High Water occurs on the wall or very close to its toe. Thus, the ^rtnV I I I I I ■ ■ beach is intertidal. The wall face serves the purpose of a coastal bank. Due to its position at the beach limit and its apparent slope, the top of the wall could be characterized as the top of coastal bank for the site, even though it is several feet lower than the 100 year flood elevation. There are no wetland plant communities at the site. An observed species list is attached. Respectfully submitted, A. M. WILSON ASSOCIATES, INC. Arlene M. Wilson, PWS Principal Environmental Planner mpy g S',�,7yiu �e��p�n its -wn„n �+ r inuliM�-33iIN -1�s 10 / CY (15 / �\r /C11 ' 9 ,lb � � r l y 1 •Op� I / l 1 I ' i •� r/ � �.. r / 1