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Home My WebLink AboutJM O'Reilly Cover Narrative - Kane NOIJ.M. OREILLY & ASSOCIATES, INC. PROFESSIONAL ENGINEERING, LAND SURVEYING & ENVIRONMENTAL SERVICES Site Development • Property Line • Subdivision • Sanitary • Land Court • Environmental Permitting April D, 2024 Yarmouth Conservation Commission 1146 Route 28 S. Yarmouth, MA 02664 RE: Notice of Intent —Enforcement Order 41 Tanglewood Drive - West Yarmouth, MA— Kane Residence Map: 30 / Parcel: 89 Dear Commission members, JMO ft9623 On behalf of the owner, Ms. Kelly Kane, J.M. O'REILLY &ASSOCIATES, INC. is submitting an after -the -fact Notice of Intent to address the Enforcement Order and violation of the unpermitted deck at the above referenced property. The property is improved with a single family dwelling with a walkout basement. A rear elevated deck and stairs, an at grade gravel/paver patio and a rinse station within the area along the rear portion of the dwelling, under the existing elevated deck. The owner installed a second deck beyond the improvements noted above, without a permit. The construction of the second deck is the subject of the Enforcement Order and the enclosed Notice of Intent. The second deck area was installed by the homeowner's family in a series of sections with vertical support posts to the existing grade. The vertical posts were set into "Tuft Block Supports" which did NOT include any excavation to anchor the posts to the existing grade. The proposal is to utilize the same support system and re -cycle as much of the deck material as possible to reconfigure the deck along the rear portions of the dwelling, as shown on the enclosed Site Plan. A portion (119 sf) of the new deck area is covered with an open -aired roofed structure which provides shade to a portion of the deck area. The existing elevated deck and stairs were also repaired including new railings. The existing rinse station was also enclosed in new PVC fencing as part of the deck work. Neither structure was expanded as part of the deck work. Wetland Resources: The parcel has several wetland resources which overlap with each other. The first is the Riverfront Area at the extreme easterly side of the parcel. The riverfront area is defined by the tap edge of the creek at mean high water. The 100 and 200-foot Riparian Zones are shown on the Site Plan. 15�3 MAIN STREET, P.O. BOX 1773, BREWSTER, MA oz631 •PHONE: (5oH) 8q6-66oI •FAX: (So8) 8q6-66o2 W W W.JMOREILLYASSOC.COM The adjacent resource is a Bordering Vegetated Wetland (BVW) to the creek. The BVW has been delineated in the field using Flags #1 to #5. Please find enclosed the DEP Datasheets for the boundary of the BVW resource. The BVW boundary was used to establish the 35, 50 and 100-foot Buffer Areas, please refer to Site Plan for locations. The last resource Is an Subject to Coastal Strom Flowage. The property appears to be completely within the 100-year Flood Zone AE, BFE=11 with the rear portion of the parcel clearly within the flood boundary. The FIRM maps show the flood boundary extending to the street side of the property. Project Description: The proposal attempts to correct the construction of an unpermitted deck on the parcel. The proposal is to reconfigure the deck area into two parts while trying to maximize the setback to the BVW. The first part is adjacent to the stairs from the elevated deck and will extend to the north gable end of the dwelling. A portion of this deck area will extend on the east side of the stairs to allow for access to the area under the deck. The portion of deck area will be located over existing lawn and plant bed along the foundation. There will be no native vegetation removed to allow for the deck to be repositioned in this location. As part of this area, a portion of the patio and retaining wall will be removed and replaced with the decking. The first deck area is approximately 195 sf. The second part is adjacent to the sunroom on the south side of the dwelling. The deck will be repositioned to provide an area for outdoor enjoyment. A portion of the deck will also extend to the elevated deck area to allow for access to the area under the deck. The portion of deck area will be located over existing lawn and plant bed along the foundation. There will be no native vegetation removed to allow for the deck to be repositioned in this location. The second deck area is approximately 198 sf. As outlined on the Site Plan, the unpermitted deck is approximately 432 sf including 119 sf of deck area which is covered. The reconfiguration of the deck and the elimination of some patio area, as proposed, results in a total expansion of hardscape of approximately 334 sf, refer to the Site Plan for coverage amounts. To offset the expansion within the 35-foot Buffer, the owner is seeking to plant the entire backyard of the property, adjacent to the wetland resource, with a selection of native shrubs. The area proposed for restoration is approximately 1,075 sf which does provide the 3 to 1 ratio the Commission requires for work within the 35-foot Buffer. The proposal would result in a native vegetated buffer strip from the rear of the dwelling up to the edge of the BVW. Although the project results in more coverage within the 35-foot Buffer, the reconfigured deck areas are positioned to maximize the distances to the resource. The replacement of grassed areas with native shrubs will be a benefit to the resources on several points. Performance Standards: The Riverfront Area overlaps the entire parcel with the first 100 foot area overlapping the BVW Resource with the outer riparian zone covering the improved portion of the parcel. The property does pre -date the established Riverfront Regulations and as such is subject to the degraded area thresholds of either 10%of the Riverfront Area (1,973 sf) or 5,000 sf, whichever is greater. Based on the improved portions of the parcel, the property contains approximately 2,316 sf of degraded area (house/deck/patio and driveway). The additional 334 sf of additional deck structure, once reconfigured, will provide a total of 2,650 sf of degraded area within the outer Riverfront Area. The project does propose approximately 1,075 sf of restoration of existing lawn into a native shrub community. The removal of lawn and replacing the area with shrubs and native seed mix will improve water quality towards the resource. The additional sources of cover and food will benefit the wildlife associated with the Riverfront Area. The Borderins Vegetated Wetland (BVW) resource is located within 1 to 5 feet of the edge of lawn and woods. The existing grassed area in the rear of the dwelling slopes down to the wetland resource. The proposed vegetated strip adjacent to the reconfigured deck increases the vegetated buffer to the BVW to 12 to 18 feet. The increase of buffer to the BVW will improve the water quality towards the resource with the elimination of grass and the replacement with native shrubs. The increased buffer will also benefit the wildlife in the area with an increase of food and cover. Although the project addresses a violation and the Enforcement Order, the reconfiguration of the decking to pull back from the resource and the installation of the vegetated buffer adjacent to the resources provide an overall benefit to the associated wetland resources. J.M. O'REILLY & ASSOCIATES, INC. contends the proposed activities along with monitoring conditions will not result in an adverse impact to the resources. We look forward to the Conservation hearing on May 2, 2024 to discuss the project in greater detail. Very truly yours, J. M. O'REILLY &ASSOCIATES, INC. John O'Reilly, P.E., P.L.S. Principal CC: Client MA DEP