HomeMy WebLinkAboutNarrative_bulkhead and window wells (2) (03-03-24)Wet Tech Land Design, Inc.
Site & Wetland Consultant - Peer Plan Review - Estimate Analysis
P.O. BOX 1580 - SAGAMORE BEACH, MA 02562
wettechlanddesign@gmail.com 508-642-7701 www.WetlandPlans.com
February 27, 2024
Town of Yarmouth Conservation Commission
1146 Route 28
South Yarmouth, MA 02664
508-398-2231 x 1288
Violation and additional basement access requests for 2 Buttercap Ln–Yarmouth
REQUEST FOR AMENDED ORDERS for SE 083-2340
RE: PROPOSED REMEDIATION OF RESIDENCE AT:
#2 Buttercap Ln–Yarmouth (119-33)
Dear Yarmouth Conservation Commission:
This is a project for construction of a new house and septic system an area within 50’ adjacent to a coastal bank
and 100’ inner riparian zone of a salt water river that was approved last year under OOC SE 083-2340. The Historic
commission has approved this project, as well as the ZBA, BOH permit, and Building permit have been issued. The
builder started the project, with a foundation, but before backfilling, was found in violation. Conservation agent
Brittany DiRienzo has mentioned the following remedies:
1) Violation(s); (adding openings in the basement for access, and light encroaching over LOW and buffer zone,
removal of extra trees, beyond what was allowed). The owner is proposing a bulkhead for access through the
opening, and never thought of this as a structure. Once realized, thoughts toward window wells occurred. This
encroachment is also a ZBA matter.
2) request the stairway to a new proposed dock as "redevelopment"; this may also be a ZBA matter;
3) the proposed dock is a separate filing.
Attached is a remediation plan addressing the various violation issues. The owner wished to repair violations:
1) The house cellar (basement) access was an omission on part of the owner and architect in original plans.
Owner did not think the bulkhead would be a “structure” and did not understand the rules of conservation
coverage, either; we intend to mitigate this bulkhead, along with 2 window wells. The distance to wetlands
ss not adversely affected and becomes a coverage issue, which has been mitigated by planting, at a 2:1
ratio, additional planting as shown on plan;
2) A new septic system replaces the existing cesspool; and becomes its own mitigation; but has not yet been
installed;
3) We have counted removed trees and the following is a report for the hearing. The inventory. 7 trees (Pitch
Pine) and 1 Black Oak plus 7 locust (invasive) were approved for removal under the OOC;
7 trees (Pitch Pine) and 1 Black Oak plus (only 5 of 7) locust (invasive) were actually removed PLUS 1
extra Locust, now located on the plan and 1 white Oak near the entrance (see plan)
4) Due to the fill created by excavation, the excavation contractor, not the owner, both overfilled the LOW
line by excessive filling and mounding, plus, due to this excess around the fill mounds, ran the tracks of
their machine over an existing stand of bayberry shown on the plan. Experience has shown, as long as
Bayberry roots are not overly aggravated, the Bayberry will grow back, or this area of Bayberry will be
replaced. The machine operator churned the sod surface, did not loosen more than 3” of topsoil, broke
some bayberry, and did not damage roots
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Wet Tech Land Design, Inc.
Site & Wetland Consultant - Peer Plan Review - Estimate Analysis
P.O. BOX 1580 - SAGAMORE BEACH, MA 02562
wettechlanddesign@gmail.com 508-642-7701 www.WetlandPlans.com
Cont Request For Amended Orders 2 Buttercup Ln.
(4 Cont) It is suggested that the owner/applicant be allowed to backfill the foundation using temporary
measures to fill the openings
5) Wet Tech is preparing a dock plan, when the foundation was installed, and I include this dock plan,
along with violation correction(s), and coverage appurtenances (bulkhead/window-wells) for continuity
with this amended order request. Agent DiRienzo has stated that the upland portion (non-water-
dependent structures) of the dock assembly, namely, the replacement elevated stairway, may be included
in this filing, likely, for simultaneous permitting commissions scrutiny (ZBA for bulkhead, and likely,
dock & stairway). The dock, being, “water-dependent” would be a separate filing.
6) All efforts to bringing this lot to conformity shall be followed.
This is a responsible project, where given the circumstances, the suggested remedies will certainly be followed.
Respectfully,
Wayne Tavares LA PWS CS
Wayne Tavares
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