HomeMy WebLinkAbout250701_Response to NHESP_Yarmouth_Beach Mgmt Plans_25004
horsleywitten.com
July 1, 2025
Amy Hoenig, Senior Endangered Species Review Biologist
Massachusetts Division of Fisheries & Wildlife
Natural Heritage and Endangered Species Program
1 Rabbit Hill Way
Westborough, MA 01581
Re: Notice of Intent Application – Yarmouth Beach Management Plans for Smugglers Beach,
South Middle Beach, and Judan Way, Yarmouth, Massachusetts
MassDEP File No. 083-2477; NHESP No. 25-19468 (RC-94002)
Dear Ms. Hoenig:
On behalf of the Applicant, the Town of Yarmouth, the Horsley Witten Group, Inc. (HW) has
prepared this response to comments received from the Massachusetts Division of Fisheries &
Wildlife regarding the proposed Beach Management Plans for the public beach areas at
Smugglers Beach, South Middle Beach, and Judan Way in Yarmouth, MA . For ease of review, we
have included your original comments in italicized font, followed by the Town’s response.
1. Site Plan/Map: The Smugglers Beach Management Plan narrative identifies specific
beach uses or activities at the site including but not limited to a) volleyball court b) shade
structure(s) c) annual beach grass planting, etc.; however, the site plan/map
(Attachment A of the Beach Management Plan) does not identify these features,
dimensions, or locations. Please provide an updated site plan/figure.
Attached is an updated Beach
Management Plan, including an updated
Site Plan of Smugglers Beach
(Attachment A) identifying the various
beach uses including the approximately
15’ x 15’ beach shade structure (Image 1)
and the 130’ x 50’ three bay volleyball
court located behind the isolated dune
area (Image 2). The approximate areas
where beachgrass may be planted are
shown as well (see additional comments
below). Image 1. View of shade structure (Google images August 2021)
Amy Hoenig, NHESP
July 1, 2025
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2. Volleyball Area: In addition to the figure(s) requested above, please identify how this
activity will be managed if state-listed species are in the vicinity of the volleyball court.
Mass Audubon has been fencing off the areas on the seaward side of the foredune for the past
two years. The area where the volleyball court is located (see updated plan) remains open.
However, the volleyball area is monitored by Mass Audubon and if a plover nest or nesting
behavior is observed in or near the volleyball area, nets will be removed and additional
exclusion fencing will be placed as recommended by Mass Audubon monitors.
3. Beach Grass Plantings: Please provide additional details regarding the scope of
American beachgrass plantings. Specifically, please clarify the location(s), planting
density, and frequency of beach grass plantings at the site. Additionally, please clarify
whether this occurs within the coastal dune or coastal beach and quantify the
approximate the size of the area(s) planted per year.
Plantings of American beachgrass (Ammophila breviligulata) would occur annually as part of the
Beach Management Plan on an as needed basis. Beachgrass plantings would occur along the
dune crest and back slope of the dune or along the front slope of the dune in areas adjacent to
beach access ways to improve dune stability and coastal resilience or to mitigate dune erosion.
While sand fencing is set in place along access points at the onset of each season, t he areas in
proximity to the dunes will be assessed for erosion (or damage from beachgoers) at the end of
each season, and planted in March, if determined by Natural Resources, Conservation, and
DPW to be of significant concern. It is estimated that no more than 100-200 SF of beachgrass
would be planted in any given location.
Beachgrass plantings will be installed with 12-18” spacing between plugs, 2 culms per plug. If
plantings occur on the front (seaward facing) slope of a dune, spacing is increased to 36” on
Image 2. View of volleyball area looking northeast from beach entrance “A” (Google images August 2021).
Amy Hoenig, NHESP
July 1, 2025
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center, and with a time of year restriction between April 1-August 31 to be protective of piping
plovers (Charadrius melodus) or other nesting shorebirds.
4. Beach Operations: Please provide additional details regarding hours of operation and
staffing, beach rules or regulations, entity responsible for compliance or enforcement of
beach rules, commercial or venders on the beach (e.g., kiosks for equipment rentals,
tours, etc.), and public and or private events (e.g., weddings, festivals, tournaments,
fireworks, etc.).
The Town of Yarmouth maintains Rules and Regulations for Town Parks and Beaches (including
associated parking areas), a copy of which is also attached to the updated Beach Management
Plans as Attachment B. These Rules and Regulations include prohibitions against several
activities that may be harmful to the resource areas and habitat for various wildlife and are
enforced by the Town of Yarmouth.
Beaches remain open, with lifeguards on duty daily from 9:30 pm to 4:30 pm. Activities are
monitored on-site by staff from the Division of Natural Resources and seasonally by Mass
Audubon, as necessary in accordance with the Town’s contract with Mass Audubon. Mass
Audubon provides weekly update reports to the Town with the status of nesting birds and any
other concerns.
There are no rentals or commercial vendors allowed at Smugglers Beach other than contracted
concession stand adjacent to the bathhouse.
All requests to use public property are reviewed by Town division heads for concerns prior to
approval being granted. In addition, the Town maintains open communication to ensure that all
interested parties are informed about special events on Town beaches.
Activities during special events have an adaptive management plan to be protective of the
natural resources at Yarmouth beaches. Weekly update reports provided by Mass Audubon to
the Town are also shared with any interested parties.
As noted in the Beach Management Plans, the use of fireworks is prohibited.
These additional details have been incorporated into each of the Beach Management Plans
(attached) in red font (for the purposes of continued regulatory review) and will be finalized
upon completion of these reviews.
Amy Hoenig, NHESP
July 1, 2025
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Thank you for your continued review of this joint NOI/MESA Project Review application. If you
have any questions and/or require additional information pertaining to this submittal, please
contact me at (508) 833-6600 x119 or at aball@horsleywitten.com.
Sincerely,
Horsley Witten Group, Inc.
Amy M. Ball, PWS, CWS
Senior Associate – Senior Ecologist
Enclosures
cc: Brittany DiRienzo, Conservation Administrator
MassDEP, Southeast Regional Office
Roby Whitehouse, Town of Yarmouth DPW