HomeMy WebLinkAboutNOI March 2024TOWN OF YARMOUTH
BEACH MANAGEMENT
PLAN
SEAGULL BEACH
February 14, 2024
Prepared by Town of Yarmouth Public Works
1
TABLE OF CONTENTS
1.0 PURPOSE 1
2.0 EXISTING CONDITIONS 1
3.0 WORK BEACH MANAGEMENT 1
3.1 DUNE MANAGEMENT 2
3.2 BEACH MAINTENANCE 3
3.3 SEAWEED MANAGEMENT 5
4.0 EMERGENCY PROCEDURES FOR SEAWEED 6
5.0 BEACH ACCESS POINTS 8
6.0 NESTING HABITAT 9
7.0 PERFORMANCE STANDARDS
APPENDIX A WPA A-1
APPENDIX B - MAP (SEAGULL BEACH, YARMOUTH MA) A-2
APPENDIX C - CERTIFIED ABUTTER NOTIFICATION LIST A-3
APPENDIX D - ASSESSORS MAP A-4
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Town of Yarmouth, Seagull Beach
1.0 Purpose
The purpose of this plan is to define how the Town of Yarmouth will manage Seagull Beach so
that it may protect and maximize its resource area values while providing adequate public access
and preserving its recreational value.
2.0 Existiny, Conditions
Seagull Beach is located along the shoreline of Nantucket Sound and is a valuable coastal
resiliency, wildlife habitat, recreational, and tourism resource for the Town of Yarmouth and its
residents and visitors. Coastal barrier beaches and dunes are significant to wildlife, wildlife
habitat, storm damage prevention, flood control, and recreation. Coastal beaches dissipate wave
energy by their gentle slope, their permeability, and their granular nature, which in turn, permit
changes in beach form in response to changes in wave condition. Coastal Dunes are important
because they protect landward properties from storm damage and flooding by dissipating wave
energy and/or blocking storm elevated sea levels and storm waves. Seagull Beach is mapped as
Priority Habitat of Rare Species as classified by the Natural Heritage and Endangered Species
Program of the Massachusetts Division of Fisheries and Wildlife. Seagull Beach is an important
nesting location for both Piping Plovers and Least Terns, both of which are protected by state
and federal regulations.
Seagull Beach is also an important recreational and tourism resource offering almost half a mile
of public beach and quality amenities for residents and tourists alike. To maintain the quality of
the beach resource for recreational purposes while protecting the value of the coastal resource, a
balanced approach to beach maintenance activities must be achieved. This balance can be
achieved using the best management practices for beach and dune management.
Jurisdictional areas onsite include Barrier Beach -Coastal Beach, Barrier Beach- Coastal Dune,
Land under the Ocean, and Land subject to coastal storm flowage- the Velocity zone.
3.0 Work - Beach Management
3.1 Dune Management
Primary dunes are the first line of defense against coastal storm flooding and provide sand to
adjacent beaches. Beach grasses, wrack, and other vegetation on the dunes trap sand and store it
as a future sediment supply for the beaches. To protect public and private property, the primary
dune should provide as continuous and as unbroken a barrier for the entire length of the beach as
possible. It is also important to provide controlled and managed access points for recreational
users of the beach. The beach provides recreational benefits to all and as such the Town has a
vital interest in the continued protection of the beach and dune area. The Town may perform
annual routine maintenance to achieve this.
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The dunes at Seagull Beach have experienced significant growth over the past 20 years creating
a healthy and important coastal resource. Dune growth, along with the seasonally set -aside areas
for nesting habitat, has reduced the available access paths and recreation area of the beach for
tourists and residents.
Figure 1. Change in Seagull Beach Dunes over the past 18 years.
In the past. the Town has carried out small scale dune maintenance to limit further dune
expansion. This included the excavation of the un-vegetated toe of the dune and redistribution of
the sand onto the main beach area, and the clearing of windblown sand within the access paths to
the beach. This activity can have a destabilizing effect on the dune and negatively impact habitat
for nesting shore birds. Therefore, this practice is no longer allowed, and the dune system shall
be allowed to migrate naturally. The exception to this is the proposal to clear of windblown
sand build up along the designated access pathways A through E as shown on Figure 2. The
Town wishes to maintain the access paths to their previous width as delineated by the sand
fencing in place. Sand will be removed using a front-end loader or skid steer and all care will be
taken to minimize impact to dune stability and vegetation. No heavy equipment will be used on
or within 15 feet of the toe of the dune outside these access pathways, and no heavy equipment
will be used below the Mean High Water (MHW) line 3.2 NAVD88.
Figure 2. Extent of dune maintenance activities 2022
3.2 Beach Maintenance
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Beach maintenance includes both proactive and reactive measures that occur throughout the
year. All maintenance activities will be carried out to avoid negative effects to the beach and
dune resource areas. Proactive maintenance includes oversight and care of man-made structures
such as access points and fencing, and beach grass planting. All proactive maintenance shall
occur before April Ist to avoid negative impacts to nesting plover and tern populations in
compliance with the Massachusetts Endangered Species Act (MESA) regulations.
Seaweed provides an important habitat and a critical source of food for marine animals. Plant
debris deposited on the shoreline also provides important nutrients and organic matter for the
ecosystem. Organic matter in the wrack line (the area where items from the sea are deposited on
the shore between high and low tides) provides food and habitat for small crustaceans and
several other species, which then provide food for fish, crabs, and nesting and migrating birds.
The wrack line also catches sand that helps build up beaches and dunes, important for storm
damage protection and flood control. Accumulations of seaweed on beaches, however, can cause
management challenges, particularly in warmer weather when the material decays and causes
odor and fly problems.
Reactive beach maintenance includes removal of marine debris (defined as any persistent solid
material that is manufactured or processed and directly or indirectly, intentionally or
unintentionally, disposed of or abandoned into the marine environment) in order to provide the
public with a litter free beach, removal of excessive amounts of fly infested seaweed that has
been declared a health hazard by the Health Department, and emergency measures in the wake of
severe weather events. Beach cleaning will be carried out seasonally beginning in mid -March
using a tractor with a towable beach rake to remove debris. Removal activities will be conducted
on an `as needed' basis but generally not more than twice a week and every effort will be made
to remove as little sediment from the beach as possible. The following best practices for beach
cleaning shall be followed:
1. All machinery used on the beach shall remain at least 10 feet seaward of the dune toe to
protect the stability and ecology of the dune area. The toe of the dune is the location of a
visible break in slope and is not necessarily occupied by dune vegetation. If it is
discovered that the 10-foot buffer to the dune toe has been breached, the Commission
will issue an Enforcement Order, and beach cleaning will become prohibited.
2. Removal shall be focused on the areas of trash and nuisance seaweed on the open beach
area. No raking shall occur below the daily high tide line (within the intertidal zone),
leaving the wrack line to provide a seed source, nutrient source, and foraging habitat for
shorebirds and to help build the beach and dunes.
3. The mechanical rake shall be set to only skim the surface to avoid scraping or moving
beach sediments.
4. Under `normal' conditions, bucket loaders shall not be used to collect seaweed but can be
used to transport seaweed collected by the mechanical rake.
5. All beach cleaning activities shall be carried out in accordance with the MESA
regulations in conjunction with Mass Audubon during the nesting bird season, between
April 1 st and August 31 st.
6. Material removed from the beach shall be deposited offsite, since trash and non -organic
material is always present.
I5
Figure 3. Tidelands jurisdiction Chapter 91 Historic high water
3.3 Seaweed manayeme
Under normal conditions (non -emergency conditions), seaweed removal from the beach shall be
limited to the area between ten feet seaward of the base of the primary dune and mean high water
and should comply with the above best practices. Excess accumulations of seaweed on Seagull
Beach can cause aesthetic and/or public health concerns particularly during warmer weather
when the material decays and causes odor problems. Monitoring of seaweed build-up and
removal of a portion of the fresh seaweed material by hand on a regular basis during periods of
high accumulation may help to control the amount of seaweed that accumulates over time.
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4.0 Emergency Procedure for Seaweed Management
In the event of extreme volumes of seaweed accumulation, that is deemed to create a public
health or safety concern Yarmouth Public Works staff will follow emergency guidelines as stated
in the Bylaw when necessary.
Although seaweed is a natural material, once it is removed from a beach, disposal can pose some
challenges. A disposal strategy shall be developed by Town staff responsible for the management
of the property and agreed by the Conservation Commission, prior to the summer season.
Disposal strategies will vary depending on space available for storage and drying of seaweed, the
amount of material to be disposed of the resources available for disposal, and ecological impacts.
During various times of the year major storms could deposit excessive amounts of seaweed in
predefined maintenance areas. This can hinder routine maintenance where the previously
approved Beach Cleaning process is not suitable due to the volume of debris, additional
equipment may be necessary to assist in removal. This may include a loader, skid steer with
suitable attachment and an excavator with suitable attachment using the safest, most efficient,
effective best management practices. This procedure will only take place after consultation with
the Conservation Agent and the Director of Public Works, and an administration sign off.
Table 1: Existing Beach Equipment and Typical Uses
No. of
TOY
Vehicle Type
Typical Uses
Owned
Equip.
Clearing of small, man-made debris off beach;
removes minor wash over of seaweed. Levels
1
Barber Surf Rake (or "Sweeper")
and grooms sand.
Used to assist with access point maintenance,
placement of walking aid mats, repair of
floating walkway, repairs to lifeguard stands, to
assist with removal of storm debris, emergency
1
John Deere Loader (rubber tired)
rescue efforts (ie. marine mammal)
Used to assist with access point maintenance,
placement of walking aid mats, repair of
floating walkway, repairs to lifeguard stands, to
assist with removal of storm debris, emergency
1
Caterpillar Skid Steer w/suitable atta
rescue efforts (ie. marine mammal)
1
John Deere Tractor (rubber tired)
Tows Barber Surf Rake, fills in deep holes.
Used to assist with access point maintenance,
placement of walking aid mats, repair of
floating walkway, repairs to lifeguard stands, to
assist with removal of storm debris, emergency
11
John Deere Mini Excavator (rubber t
rescue efforts (ie. marine mammal)
Used to assist with access point maintenance,
placement of walking aid mats, repair of
floating walkway, repairs to lifeguard stands, to
assist with removal of storm debris, emergency
1
Kubota Excavator (rubber tired)
rescue efforts (ie.marine mammal)
Used for beach maintenance, fencing repairs
21
Ford F-250 4X4 trucks
and installation, life guard chair maintenance.
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5.0 Beach Access Points
Access Point A: Is an elevated wooden handicap accessible walkway running approximately
185' long x 14' wide through dune to beach leading to a floating wooden walkway and/or Mobi
Matt extending approximately 100 feet out onto beach.
Access Point B: Is a sand -based emergency vehicle access, equipment maintenance access, and
pedestrian access point to the beach approximately 110' x 14'.
Access Point C: Is a sand -based pedestrian access point to the beach approximately 120' x 12'.
Access Point D: Is a sand -based pedestrian access point to the beach approximately 211' x 14'.
Access Point E: Is a sand -based pedestrian access point to the beach approximately 385' x 12'.
Annual Maintenance Access Points A-E: Remove windblown sand from walkway and spread
out on beach. Replace/Repair snow fencing as needed, in the same footprint or narrower. A
loader, skid steer with suitable attachment and an excavator with suitable attachment using best
management practices may be required for this operation.
Access Point F: Is a sand -based emergency vehicle access, equipment maintenance access, and
pedestrian access point to the beach approximately 431' x 21'.
Annual Maintenance Access Point F: No annual maintenance is done to this access point.
Access Point G: Is a sand -based pedestrian access point to the beach approximately 375' x 4'.
Annual Maintenance Access Point G: No annual maintenance is done to this access point.
Seagull Beach. Yarmouth MA
Figure 4. Aerial view of requested maintenance area and access points 2023
6.0 Nestinp- Habitat
Seagull Beach is an important nesting location for both Plovers and Terns, both of which are
protected by state and federal regulations. The Town of Yarmouth participates in Mass
Audubon's Coastal Waterbird Program to monitor, manage, and protect Piping Plover, Least
Tern, and Common Tern nesting populations on Yarmouth's public beaches. The following best
practices have been successfully adopted for Seagull Beach:
1. All areas of suitable piping plover nesting habitat will be identified and delineated with
posts and warning signs or symbolic fencing on or before April 1 st. Suitable nesting
habitat for all species of terns should be identified and delineated on or before May 15.
2. All beach maintenance (lifeguard chairs, boardwalk maintenance) will be done before
April 1 st.
3. Endangered species monitoring begins when the presence of listed species is found and
continues until the last chick has fledged.
4. Installation of permanent and/or temporary symbolic fencing and signage are installed for
the creation of refuge areas to protect incubating Piping Plovers (Charadrius melodus) or
Least Terns (Sterna antillarum)and their eggs. The fencing is maintained if the eggs are
viable. Once hatching begins, the symbolic fencing is modified to allow free movement
of the chicks. If unfledged chicks move outside the delineated symbolic fencing, then the
boundaries of the protected area can be adjusted.
5. Daily discussions will be with a qualified shorebird monitor and before any work activity
occurs at Seagull beach. The operator of any machinery shall meet the qualified shorebird
monitor(s)onsite and discuss the current location of plover adults and chicks and provide
any update information as needed to perform beach raking activities properly and safely.
No raking and seaweed removal shall occur unless a qualified shorebird monitor has
located plovers and determined that the work can begin.
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b. No raking shall occur within 100 yards of any unfledged piping plover or tern chicks. No
raking shall occur between100 and200 yards of any unfledged piping plover chicks
unless a monitor is present to determine the location of the chicks and to ensure that the
raking equipment remains at 100yards away from it.
7. The use of fireworks is prohibited on Seagull Beach.
8. Dogs are not allowed on Seagull Beach from April I" through to Labor Day.
9. There shall be no vehicular access into or through delineated nesting habitat.
10. Kite flying is prohibited on Sea Gull Beach between April 1stand August 3 1 " each year.
310 CMR 10 and Yarmouth Bylaw Performance Standards
Barrier Beach -Coastal Beach
The proposed work will have no adverse effect by increasing erosion, decreasing the volume, or
changing the form of any such coastal beach or an adjacent or downdrift coastal beach since
special care will be taken to avoid removal of sand from the beach during raking. The access
paths are required for safe access and emergency access to the beach area.
The intertidal zone will be avoided in all beach raking.
Barrier Beach- Coastal Dune
The proposed work will not have an adverse effect on the coastal dune since all work will take
place at least 10 feet outward from the toe of any dune. No vegetation will be disturbed, and sand
will not be removed from the dunes. There will be no adverse effect on the habitat of rare s ecies
due to the standards set forth to protect those species onsite and collaboration with Mass
Audubon.
Land under the Ocean
No work is proposed in land under the ocean, the intertidal zone will be avoided for all work
except when otherwise approved for emergencies.
Land subject to coastal storm flowage- The Velocity zone.
There will be no adverse effects to the flood control values of the area. No structures are
proposed.
Important:
When filling out
forms on the
computer. use
only the tab key
to move your
cursor - do not
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_ --I
Note.
Before
completing this
form consult
your local
Conservation
Commission
regarding any
municipal bylaw
or ordinance
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
Town of Yarmouth Wetland By -Law, Chapter 143
A. General Information
Prowded by MassDEP:
MassDEP File Number
Document Transaction Number
Cdy/Town
1. Project Location (Note: electronic filers will click on button to locate project site):
Sea Gull Beach Road
a. Street Address
Latitude and Longitude:
15/48.05 AC
f. Assessors Map/Plat Number
2. Applicant:
West Yarmouth 02673
b. City/Town c. Zip Code
41.635440-70.229810
d_ Latitude e. Longitude
15-23
g. Parcel /Lot Number
Roby Whitehouse
a. First Name b_ Last Name
Town of Yarmouth Public Works
c_ Organization
74 Town Brook Road
d. Street Address
West Yarmouth MA 02673
e_ City/Town f. State g. Zip Code
508-398-2231 rwhitehouse@yarmouth.ma.us
h. Phone Number I. Fax Number j. Email Address
3. Property owner (required if different from applicant):
Robert
a. First Name
Town of Yarmouth
c. Organization
1146 Route 28
d. Street Address
South Yarmouth
e. City/Town
508-398-2231
h. Phone Number i. Fax Number
4. Representative (if any):
a. First Name
C. Company
d. Street Address
e. Cityrrown
h. Phone Number i_ Fax Number
❑ Check if more than one owner
Whritenour
b Last Name
MA 02664
f. State g_ Zip Code
rwh rite nou r@ya rmouth. ma. us
j. Email address
b_ Last Name
f. State g_ Zip Code
j. Email address
5. Total WPA Fee Paid (from N01 Wetland Fee Transmittal Form):
a. Total Fee Paid b. State Fee Paid c. City/rown Fee Paid
wpaform3 doc • rev. 6/18/2020 Page 1 of 9
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Massachusetts Department of Environmental Protection Provided by MassDEP:
} Bureau of Resource Protection - Wetlands MassDEP File Number
` WPA Form 3 — Notice of Intent
Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Town of Yarmouth Wetland By -Law, Chapter 143 cityfrown
A. General Information (continued)
6. General Project Description. -
Sea Gull Beach Management Plan
7a. Project Type Checklist: (Limited Project Types see Section A. 7b,)
1. ❑ Single Family Home
3. ❑ Commercial/industrial
5. ❑ Utilities
7. ❑ Agriculture (e g., cranberries, forestry)
9. ® Other
2. ❑ Residential Subdivision
4. ❑ Dock/Pier
6. ❑ Coastal engineering Structure
8. ❑ Transportation
7b. Is any portion of the proposed activity eligible to be treated as a limited project (including Ecological
Restoration Limited Project) subject to 310 CMR 10 24 (coastal) or 310 CMR 10.53 (inland)?
1. ❑ Yes ® No If yes, describe which limited project applies to this project. (See 310 CMR
10.24 and 10.53 for a complete list and description of limited project types)
2. Limited Project Type
If the proposed activity is eligible to be treated as an Ecological Restoration Limited Project (310
CMR10.24(8), 310 CMR 10.53(4)), complete and attach Appendix A: Ecological Restoration Limited
Project Checklist and Signed Certification.
8. Property recorded at the Registry of Deeds for:
Barnstable
a. County b. Certificate # (if registered land)
5742 _ 175
c. Book d. Page Number
B. Buffer Zone & Resource Area Impacts (temporary & permanent)
1. ❑ Buffer Zone Only — 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).
Check all that apply below. Attach narrative and any supporting documentation describing how the
project will meet all performance standards for each of the resource areas altered, including
standards requiring consideration of alternative project design or location.
wpaformIdoc • rev. 6/18/2020 Page 2 of 9
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File Number
WPA Form 3 — Notice of Intent
Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Town of Yarmouth Wetland By -Law, Chapter 143 cityrrown
B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cunt°d)
Resource Area
a. ❑
Bank
For all projects
affecting other
b. ❑
Bordering Vegetated
Resource Areas,
Wetland
please attach a
narrative
c. ❑
Land Under
explaining how
Waterbodies and
the resource
Waterways
area was
delineated.
Resource Area
d. ❑
Bordering Land
Subject to Flooding
e. ❑ Isolated Land
Subject to Flooding
Size of Proposed Alteration Proposed Replacement (if any)
1. linear feet 2. linear feet
I. square feet
1. square feet
3. cubic yards dredged
Size of Proposed Alteration
1. square feet
3. cubic feet of flood storage lost
1. square feet
2. cubic feet of flood storage lost
2. square feet
2. square feet
Proposed Replacement (if any)
2. square feet
4. cubic feet replaced
3. cubic feet replaced
f. ❑ Riverfront Area 1. Name of Waterway (if available) - specify coastal or inland
2. Width of Riverfront Area (check one):
❑ 25 ft. - Designated Densely Developed Areas only
❑ 100 ft. - New agricultural projects only
❑ 200 ft. - All other projects
3. Total area of Riverfront Area on the site of the proposed project:
4. Proposed alteration of the Riverfront Area:
square feet
a. total square feet b. square feet within 100 ft_ c. square feet between 100 ft. and 200 ft.
5 Has an alternatives analysis been done and is it attached to this NOI? ❑ Yes ❑ No
6 Was the lot where the activity is proposed created prior to August 1, 1996? ❑ Yes ❑ No
3. ❑ Coastal Resource Areas: (See 310 CMR 10.25-10.35)
Note: for coastal riverfront areas, please complete Section B.21 above.
wpaform3.doc • rev. 6/18/2020 Page 3 of 9
M
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands
MassDEP File Number
WPA Form 3 — Notice of Intent
Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Town of Yarmouth Wetland By -Law, Chapter 143 Cityfrown
B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont'd)
Check all that apply below. Attach narrative and supporting documentation describing how the
project will meet all performance standards for each of the resource areas altered. Including
standards requiring consideration of alternative project design or location
Online Users:
Include your
Resource Area
Size of Proposed Alteration Proposed Replacement (if any)
document
transaction
a. ❑
Designated Port Areas
Indicate size under Land Under the Ocean, below
number
(provided on your
receipt page)
b. ❑
Land Under the Ocean
1. square feet
with all
supplementary
information you
2, cubic yards dredged
submit to the
Department
c. ❑
Barrier Beach
Indicate size under Coastal Beaches and/or Coastal Dunes below
d. ®
Coastal Beaches
218,600 rakinarea
1 _ square feet 2. cubic yards beach nourishment
e. ❑
Coastal Dunes
1_ square feet 2, cubic yards dune nourishment
Size of Proposed Alteration Proposed Replacement (if aryl
f. ❑
Coastal Banks
1. linear feet
g. ❑
Rocky Intertidal
Shores
1 square feet
h. ❑
Salt Marshes
1. square feet 2. sq ft restoration, rehab., creation
i. ❑
Land Under Salt
Ponds
1- square feet
2_ cubic yards dredged
j. ❑ Land Containing
Shellfish 1. square feet
k. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
above
1, cubic yards dredged
I. ® Land Subject to 218,600
Coastal Storm Flowage 1, square feet
4. ❑ Restoration/Enhancement
If the project is for the purpose of restoring 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 enter the additional
amount here.
a. square feet of BVW
5. ❑ Project Involves Stream Crossings
a. number of new stream crossings
b. square feet of Salt Marsh
b. number of replacement stream crossings
wpaform3 doc • rev 6/18/2020 Page 4 of 9
d+
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassQEP File Number
Li WPA Form 3 — Notice of Intent
Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Town of Yarmouth Wetland By -Law, Chapter 143 City/Town
C. Other Applicable Standards and Requirements
❑ This is a proposal for an Ecological Restoration Limited Project. Skip Section C and
complete Appendix A: Ecological Restoration Limited Project Checklists — Required Actions
(310 CMR 10.11).
Streamlined Massachusetts Endangered Species ActlWetlands 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 and Endangered Species Program (NHESP)? To view habitat maps, see the
Massachusetts Natural Heritage Atlas or go to
hitD:l/maps.massgis.state, ma. usiPRI. EST HAQNiewer.htm.
a. ® Yes ❑ No
8-1-2021
b. Date of map
If yes, include proof of mailing or hand delivery of NOI to:
Natural Heritage and Endangered Species Program
Division of Fisheries and Wildlife
1 Rabbit Hill Road
Westborough, MA 01581
If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321
CMR 10.18). To qualify for a streamlined, 30-day, MESAANetlands Protection Act review, please
complete Section C.1.c, and include requested materials with this Notice of Intent (NOI); OR
complete Section C.2.f, if applicable. if MESA supplemental information is not included with the NOI,
by completing Section 9 of this form. the NHESP will require a separate MESA filing which may take
up to 90 days to review (unless noted exceptions in Section 2 apply, see below).
c. Submit Supplemental Information for Endangered Species Review'
1 ® Percentage/acreage of property to be altered:
,,aj within wetland Resource Area SAME AS RAKE AREA
percentage/acreage
sb) outside Resource Area 0 --
percentagelacreage
2- ® Assessor's Map or right-of-way plan of site
2. ® Project plans for entire project site. including wetland resource areas and areas outside of
wetlands jurisdiction, showing existing and proposed conditions, existing and proposed
tree/vegetation clearing line, and clearly demarcated limits of work -
(a) ® Project description (including description of impacts outside of wetland resource area &
buffer zone)
Wi ® Photographs representative of the site
' Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review (see htti)s1/www.mass.goWrna-
endan_qered-F,pepj!ts,-pL- mesa -regulatory -reviews.
Priority Habitat includes habitat for state -listed plants and strictly upland species not protected by the Wetlands Protection Act.
" MESA projects may not be segmented (321 CMR 10 16). The applicant must disclose full development plans even if such plans are
not required as part of the Notice of Intent process.
wpaform3 doc • rev 6.18.2020 Page 5 of 9
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MessDEP File Number
WPA Form 3 — Notice of intent
Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Town of Yarmouth Wetland By -Law, Chapter 143 Cityrrown
C. Other Applicable Standards and Requirements (cont'd)
(c) ❑ MESA filing fee (fee information available at httos:l/www mass.govlhow-to/how-to-file-for-
a-mesa-p roject-review)
Make check payable to "Commonwealth of Massachusetts - NHESP" and maH to NHESP at
above address
Projects altering 10 or more acres of land, also submit.
(d) ❑ Vegetation cover type map of site
(e) ❑ Project plans showing Priority & Estimated Habitat boundaries
(f) OR Check One of the Following
1 ❑ Project is exempt from MESA review.
Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14,
httas://www. mass.00v/service-deLaiIs/exemntions-from-review-for-r)roiectsactivities-in-
Priority-habitat; the NOI must still be sent to NHESP if the project is within estimated
habitat pursuant to 310 CMR 10.37 and 10.59.)
2. ❑ Separate MESA review ongoing. a. NHESP Tracking # b. Date submitted to NHESP
3. ❑ Separate MESA review completed.
Include copy of NHESP "no Take" determination or valid Conservation & Management
Permit with approved plan.
3. For coastal projects only, is any portion of the proposed project located below the mean high water
line or in a fish run?
a. ❑ Not applicable — project is in inland resource area only b. ❑ Yes ® No
If yes, include proof of mailing, hand delivery, or electronic delivery of NOI to either:
South Shore - Cohasset to Rhode Island border, and
the Cape & Islands:
Division of Marine Fisheries -
Southeast Marine Fisheries Station
Attn: Environmental Reviewer
836 South Rodney French Blvd.
New Bedford, MA 02744
Email: dmf.envreview-south@mass.gov
North Shore - Hull to New Hampshire border:
Division of Marine Fisheries -
North Shore Office
Attn: Environmental Reviewer
30 Emerson Avenue
Gloucester, MA 01930
Email: dmf.envreview-north0mass.gov
Also if yes, the project may require a Chapter 91 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 Office.
c. ❑ Is this an aquaculture project?
d. ❑ Yes ® No
If yes, include a copy of the Division of Marine Fisheries Certification Letter (M.G.L. c. 130, § 57).
wpaform3.doc - rev. 6/18/2020 Page 6 of 9
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File Number
Li WPA Form 3 — Notice of intent
Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Town of Yarmouth Wetland By -Law, Chapter 143 citylrown
C. Other Applicable Standards and Requirements (cont'd)
4. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)?
Online Users: a ❑ Yes ® No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP
Include your Website for ACEC locations). Note: electronic filers click on Website.
document
transaction b. ACEC
number
(provided on your 5. Is any portion of the proposed project within an area designated as an Outstanding Resource Water
receipt page) (ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00?
with all
supplementary a. ❑ Yes ® No
information you
submit to the 6. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands
Department Restriction Act (M.G.L. c. 131, § 40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § 105)?
a ❑ Yes ® No
7. Is this project subject to provisions of the MassDEP Stormwater Management Standards?
a. ® Yes. Attach a copy of the Stormwater Report as required by the Stormwater Management
Standards per 310 CMR 10.05(6)(k)-(q) and check if:
1. ❑ Applying for Low Impact Development (LID) site design credits (as described in
Stormwater Management Handbook Vol. 2, Chapter 3)
2. ❑ A portion of the site constitutes redevelopment
3. ❑ Proprietary BMPs are included in the Stormwater Management System.
b. ❑ No. Check why the project is exempt:
1. ❑ Single-family house
2. ❑ Emergency road repair
3. ❑ Small Residential Subdivision (less than or equal to 4 single-family houses or less than
orequal to 4 units in multi -family housing project) with no discharge to Critical Areas.
D. Additional Information
❑ This is a proposal for an Ecological Restoration Limited Project. Skip Section D and complete
Appendix A: Ecological Restoration Notice of Intent — Minimum Required Documents (310 CMR
10.12).
Applicants must include the following with this Notice of Intent (NOI). See instructions for details
Online Users: Attach the document transaction number (provided on your receipt page) for any of
the following information you submit to the Department.
1. ❑ USGS or other map of the area (along with a narrative description, if necessary) containing
sufficient information for the Conservation Commission and the Department to locate the site.
(Electronic filers may omit this item.)
2. ❑ Plans identifying the location of proposed activities (including activities proposed to serve as
a Bordering Vegetated Wetland [BVWj replication area or other mitigating measure) relative
to the boundaries of each affected resource area.
wpaform3.doc - rev. 6/18/2020 Page 7 of 9
4
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File Number
WPA Form 3 — Notice of intent
Document Transaction Number
Lill r
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Town of Yarmouth Wetland By -Law, Chapter 143 Cityrrown
D. Additional Information (cont'd)
3. ❑ Identify the method for BVW and other resource area boundary delineations (MassDEP BVW
Field Data Form(s), Determination of Applicability, Order of Resource Area Delineation, etc.),
and attach documentation of the methodology.
4. ® List the titles and dates for all plans and other materials submitted with this NOI.
Town of Yarmouth Seagull Beach Rake Plan 2-14-2024
a. Plan Title
b. Prepared By
d. Final Revision Date
c Signed and Stamped by
e. Scale
f. Additional Plan or Document Title g Date
5. ❑ If there is more than one property owner, please attach a list of these property owners not
listed on this form.
6.0 Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed.
7. ❑ Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed.
s ❑ Attach NOI Wetland Fee Transmittal Form
9 ❑ Attach Stormwater Report, if needed.
E. Fees
1 ® Fee Exempt: No filing fee shall be assessed for projects of any city. town, county, or district
of the Commonwealth. federally recognized Indian tribe housing authority, municipal housing
authority, or the Massachusetts Bay Transportation Authority.
Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland
Fee Transmittal Form) to confirm fee payment
2 Municipal Check Number
4 State Check Number
6 Payor name on check First Name
3 Check date
5 Check date
7 Payor name on check: Last Name
wpaform3 doc • rev 6/1812020 Page 8 of 9
It
Massachusetts Department of Environmental Protection Provided by MassDEP;
Bureau of Resource Protection - Wetlands
WPA Form 3 — Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Town of Yarmouth Wetland By -Law, Chapter 143
F. Signatures and Submittal Requirements
MassDEP File Number
Document Transaction Number
Cityfrown
hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying
plans, documents, and supporting data are true and complete to the best of my knowledge. I understand
that the Conservation Commission will place notification of this Notice in a local newspaper at the
expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a)
I further certify under penalties of perjury that all abutters were notified of this application, pursuant to
the requirements of M.G.L. c. 131, § 40. Notice must be made by Certificate of Mailing or in writing by
hand delivery or certified mail (return receipt requested) to all abutters within 100 feet of the property line
of the project location.
1. Sig
3. Signature of Property Owner (if different)
5. Signature of Representative (if any)
2. D to
4. Date
6. Date
For Conservation Commission:
Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents,
two copies of the NOI Wetland Fee Transmittal Form, and the city/town fee payment, to the
Conservation Commission by certified mail or hand delivery.
For MassDEP:
One copy of the completed Notice of Intent (Form 3), including supporting plans and documents, one
copy of the NOI Wetland Fee Transmittal Form, and a copy of the state fee payment to the
MassDEP Regional Office (see Instructions) by certified mail or hand delivery.
Other:
If the applicant has checked the "yes" box in any part of Section C. Item 3, above, refer to that
section and the Instructions for additional submittal requirements.
The original and copies must be sent simultaneously. Failure by the applicant to send copies in a
timely manner may result in dismissal of the Notice of Intent.
wpaform3.doc • rev. 6/18/2020 Page 9 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
NOI Wetland Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Applicant Information
Important: When
filling out forms
on the computer,
1. Location of Project:
use only the tab
key to move your
cursor - do not
a. Street Address
use the return
key
--
c. Check number
2. Applicant Mailing Address:
a. First Name
c. Organization
d. Mailing Address
b. Cityfrown
d Fee amount
b, Last Name
e. Cityrrown f- State g- Zip Code
Phone Number i, Fax Number j. Email Address
3. Property Owner (if different),
a. First Name
c. Organization
d. Mailing Address
e. Cityrown
b, Last Name
f State g. Zip Code
h. Phone Number i. Fax Number j. Email Address
To calculate B. Fees
filing fees refer
to the category Fee should be calculated using the following process & worksheet. Please see Instructions before
fee Ilsi and 9 9
examples in the filling out worksheet.
instructions for
filling out WPA Step 11Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone.
Form 3 i.Notice of
Intent?
Step 2/Number of Activities' Identify the number of each type of activity.
Step 3/individual Activity Fee: Identify each activity fee from the six project categories listed in the instructions.
Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2) times the fee per category
(identified in Step 3) to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in
addition to another Resource Area or the Buffer Zone, the fee per activity should be multiplied by 1.5 and then
added to the subtotal amount.
Step 6/Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4
Stop Wee Payments: To calculate the state share of the fee, divide the total fee in half and subtract $12.50 To
calculate the city/town share of the fee, divide the total fee in half and add $12.50.
noifeed doc - wetland Fee Transmittal Form - rev 10111 P-1.3p ' _- Y
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
NOI Wetland Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Fees (continued)
Step 1/Type of Activity Step 2/Number
of Activities
C. Submittal Requirements
Step Step 4/Subtotal Activity
311ndividual Fee
Activity Fee
Step 5/Total Project Fee:
Step 6/Fee Payments:
Total Project Fee:
State share of filing Fee:
City/Town share of filling Fee:
a. Total Fee from Step 5
b. 112 Total Fee less $12.50
c. 1/2 Total Fee plus $12.50
a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to
the Commonwealth of Massachusetts.
Department of Environmental Protection
Box 4062
Boston, MA 02211
b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent; a copy of
this form; and the cltyltown fee payment.
To MassDEP Regional Office (see Instructions): Send a copy of the Notice of Intent or Abbreviated Notice of
Intent; a copy of this form; and a copy of the state fee payment. (E-filers of Notices of Intent may submit these
electronically.)
nodeetf.doca Wetland Fee Transmittal Form • rev 10111 uago : ul 2
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151 101 1 1
KIRWIN SCOTT M
KIRWIN JENNIFER LEE
27 TOWER HILL RD
NORTH READING, MA 01864
151 141 1 1
TSENG FRANKLIN TR
TSENG MELANIE L TR
37 INDIAN MEMORIAL DR
SOUTH YARMOUTH , MA 02664
151 151 1 1
ARONSON RICHARD B TR
STARLIGHT REALTY TRUST
11 LAWRENCE LN
LEXINGTON , MA 02421
IS/ 131 1 1
FRANK CHARLES P
FRANK MARIE G
37 OLDE ENGLISH ROAD
BEDFORD , NH 03110
151 111 1 1
GR ISLAND OCEAN CLUB HOA
PO BOX 727
WEST YARMOUTH , MA 02673
151 121 1 1
JUMES JAMES
JUMES PATRICIA
26 ACACIA AVE
CHESTNUT HILL, MA 02467
151 161 1 1
GR ISLAND OCEAN CLUB HOA
PO BOX 727
WEST YARMOUTH , MA 02673
151 181 1 1
MULLINS GERALD E
MULLINS DOROTHY
200 CEDARWOOD RD
STAMFORD , CT 06903-2523
151 171 1 1
POWERS MANAGEMENT LLC
C/O MARK GOMBAR
P0BOX 1667
CARLSBAD , CA 92018-1667
151 191 1 1
GREAT ISL OCEAN CLUB
HOMEOWNERS
P O BOX 684
WEST YARMOUTH , MA 02673
151 241 1 1
FLYNN JOANNA L TRS
GEHRET JOHANNA R TRS
29 RANLETT LN
BILLERICA , MA 01821
151 91 1 1
EVANSJASON
EVANS DIANE
6 MCCASLAND WAY
FOXBORO , MA 02035
151 231 1 1
TOWN OF YARMOUTH
CONSERVATION & PARK
1146 ROUTE 28
SOUTH YARMOUTH , MA 02664-4463
Please use this signature to certify this list of properties
abutting within 100' of the parcel located at:
125 Seagull Beach, West Yarmouth, MA 02673
Assessgrs_Map 15, Lot 23
Andy Wrachado, Director of Assessing
February 5, 2024
NOTIFICATION TO ABUTTERS UNDER THE
MASSACHUSETTS WETLANDS PROTECTION ACT &
TOWN OF YARMOUTH WETLAND BY-LAW, CHAPTER 143
in accordance with the second paragraph of the Massachusetts General Laws Chapter 131, Section 40,
you are hereby notified of the following:
A. The name of the applicant is Town of Yarmouth
B. The applicant has filed a Notice of Intent 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. 131 s. 40 & Town of Yarmouth Wetland By -Law, Chapter 143).
C. The address of the lot where the activity is proposed is Seagull Beach
D. Proposed work is Beach Maintenance
E. Copies of the Notice of Intent 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) 398-2231 ext. 1288.
Copies of the Notice of Intent may be obtained from either the applicant or applicant's
representative. Applicant's phone number 508-398-2231 Ext 1515
Or Applicant's representatives phone number
G. Information 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)
NOTES:
Name Town of Yarmouth Public Works, Roby Whitehouse
Address 74 Town Brook Road
Town West Yarmouth State MA Zip 02673
Telephone 508-775-2516
Notice of the public hearing, including date, time and place will be published at least five (5)
days in advance in a newspaper of general circulation.
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.
+ You may also contact the Southeast Regional Office of the Department of Environmental
Protection at (508) 946-2800 for more information about this application.
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