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HomeMy WebLinkAboutNOI 7.22.2025 1 PROJECT NARRATIVE PROPOSED PORTABLE, TEMPORARY DECK The area subject to this Notfce of Intent is land on the immediate shore of Nantucket Sound south of South Shore Drive in South Yarmouth. The immediate work site is an open sandy Coastal Beach, used seasonally for resort – level beach recreatfon. The coastal wetland resource areas affected are Coastal Beach and Land Subject to Coastal Storm Flow. Coastal Dunes, Land Under the Ocean are nearby resource areas that will be unaffected. Portfons of the geographical area are mapped by NHESP as priority habitat. The specific actfvity involves beach land within the VE flood zone, common for almost all beaches. The Coastal Beach area is very wide at approximately 170 ft. to MHW and approximately a 30 ft. intertfdal beach extending out from there at low tfde. The terrain is mostly level, likely benefitting from nearby beach nourishment actfvity done by the Yarmouth municipality. The beach has been shown to be stable with healthy dune development in areas not affected by resort-based recreatfon. The proposed actfvity involves temporary placement of a 12 ft. X 12 ft. wood framed deck platiorm, at grade to serve the purpose of a stage for small scale resort entertainment. The platiorm, stored when not in use in a storage area north of South Shore Dr., is transported by a small trailer towed by a small vehicle along an existfng established driveway route to the beach, across the open sand beach to the proposed locatfon shown on the attached site plan. The 12 ft. X 12 ft. wood-framed deck is leveled up approximately by settling it into the beach sediment and shall be tethered by helical anchors as a safeguard against translatfon. The locatfon is not subject to the normal range of the tfde and would only be inundated in the event of a severe coastal storm exceeding a water level of 7 ft. above the mean high tfde level. The overall beach area is used for actfve recreatfon and passive recreatfon with approximately 80 beach chairs daily. Resort equipment such as chairs and games are well managed by the staff. The temporary deck would be placed in conformance with NHESP tfme of year directfves and removed during the offseason as well as during any term of forecasted severe coastal storms. The access route is a commonly used access and no impact results from the access actfvity. 2 Performance Standards The proposed portable deck, when reviewed in the context of the beach resort actfvitfes and ongoing beach actfvitfes, and the intended management of the small portable deck can be judged generally as insignificant with respect to a threat of damage to the environment or the specific resource areas within which it is located. This conclusion is made based on professional judgement relatfng to a long professional history of coastal resource area project. Standards are addressed to the extent practfcable to properly address residual concerns. The Mass DEP regulations for Coastal Beaches overlap those of the Yarmouth Wetland By- Laws and the standards addressed through the Yarmouth regulations are intended to satisfy both jurisdictions. 4.02 Coastal Beaches (Yarmouth) Any activity which is allowed on a coastal beach or tidal flat or within 100 feet of a coastal beach or tidal flat shall not have an adverse effect on the coastal beach or tidal flat by: (a) Affecting the ability of the waves to remove sand from the beach or tidal flat • The existfng conditfon of the C. Beach with the resort actfvity is of a consistent conditfon with the proposed small temporary deck. Actfvitfes during the summer with the beach chairs and ongoing actfvitfes are constant so the deck simply overlies and area that would be subject to regular alteratfon of loose sediment by foot traffic. • Water forces from severe coastal storm tfdes will contfnue to affect and remove sediment from the beach as well as deposit sediment because the deck will have been removed. In the unlikely scenario where the deck is subjected to water forces by unforeseen events the anchors prevent significant movement and collateral effects are on the scale of a small craft or dinghy being affected by the tfde. (b) Disturbing the vegetative cover, if any, to destabilize the beach or tidal flat • There is no vegetatfve cover affected. (c) Causing any modification of the beach or downdrift beach that would increase the potential for storm or flood damage; 3 • The stated removal protocol and scale of the temporary deck is one where the possibility for downdrift effects or storm damage are insignificant. The protocol for removal in the case of forecasted severe weather combined with double anchorage reduces the threat further. (d) Interfering with the natural movement of the beach or tidal flat; • The proposed feature is portable and cannot impede the movement of sediment in a manner that could be deemed disadvantageous environmentally. (e) Causing artificial removal of sand from the beach or downdrift beach; • The proposed feature does not require or cause for removal of sediment. (f) Removing seaweed or substrate from the coastal beach in the intertidal zone (between MLW and MHW) that provides valuable habitat and potential for sand accretion, unless deemed a public health emergency by the Director of Health. • Not applicable. 4.10 Land Subject to Coastal Storm Flow Any activity within land subject to coastal storm flowage which will result in the building upon, removing, filling, or altering of land shall not have an adverse effect on the interests protected by the bylaw by: i. reducing the ability of the land to buffer more inland areas from flooding and wave damage; ii. increasing the elevation or velocity of flood waters, or by redirecting or increasing flows or causing channelization, in each case at the project site, adjacent or nearby properties, or any public or private way. iii. displacing or diverting flood waters to other properties or resource areas. Fences and privacy walls, including walls separating one property from another, may obstruct or divert flood flow and waves toward buildings and protected areas. Solid fences (stockade and similar) must be constructed with 6 inches of clearance below to allow the passage of floodwaters and wildlife; 4 iv. causing, or creating the likelihood of, damage to other structures on land within the flood plain as debris (collateral damage); Approved at Public Meeting October 17, 2024 and published October 31, 2024 43 v. causing ground, surface or saltate pollution triggered by coastal storm flowage; vi. reducing the ability of the resource to serve as a wildlife habitat and migration corridor through activities such as, but not limited to the removal of substantial vegetative cover and/or installation of fencing and other structures which prevent wildlife migration across property. vii. prevention of the migration of resource areas such as salt marshes due to sea level rise. viii. If flood control and storm damage protection functions have already been impaired, redevelopment must improve existing conditions by reducing impervious surfaces, restoring flood control and storm damage protection functions, installing native plantings, or by restoring or creating other wetland resource areas. Where a previously developed coastal Resource Area has not been regulated under the applicable performance standards to protect the interests of flood control and storm damage prevention, the proposed work shall restore those interests And shall meet the following requirements; i. Existing septic system and cesspool repairs will be allowed provided they meet all Title 5 and local Board of Health thresholds. ii. All groundwater elevations shall incorporate seasonable adjustments if test holes and or leaching components are 100 feet or closer from major estuaries. iii. Any proposed deck, shed, or other similar structure must be securely anchored to a footing or foundation. iv. Any activity shall preserve existing soils, vegetation, and other natural conditions that serve as buffers to coastal flooding and storm surges. The above collectfve list of qualifying performance standards i thru xiv. is addressed collectfvely because of three primary factors of the proposed actfvity: 1. The platiorm is portable and temporary with a conditfon that in the event of severe storms the portable deck will be removed from the beach. The proposed deck and beach area is managed by a professional resort staff, not by a homeowner with attendant concerns for such an applicant as a homeowner to be present for such weather. In large measure the portable deck feature is not in conflict with flood zone performance standards because it will not be in the locatfon when a forecasted event might occur. 2. The proposed deck is a very low-profile feature not embedded into the sediment and shall be anchored against the unlikely conditfon that an unantfcipated tfdal flood occurs 5 that is 7 ft. above the average tfde. It is constructed of tfmber consistent with treatment guidelines. 3. A series of the standards are not applicable relatfng to sea level rise and salt marshes. (b) Additional Performance Standards within the V Zone Within the V Zone, in addition to the general performance standards set forth in Section 4.10, (3)(a), the following additional performance standards shall apply: i. No new construction or footprint expansion of any building or other structure, road, impervious surface, or septic system shall be permitted. The characteristfcs of the proposed temporary platiorm offers a strong indicatfon that there are cases for which regulatfons were not written to address. The context of this regulatfon intends to address structures and / or surfaces that are permanent. ii. No new construction or expansion of any structure that redirects or channelizes floods including retaining walls, fences, and sea walls shall be permitted. It is logical that the temporary characteristfcs of the 12 ft. x 12 ft. portable deck with the stated protocols for management render it not an actfvity that this regulatfon was intended to address. iii. With respect to any building or other structure, in the event of any substantial repair of the foundation, any substantial improvement (as defined in the state building code), the entire building or structure shall be elevated at least two (2) feet ab ove the BFE. • Not Applicable iv. The use of fill is prohibited except for bank, dune, or beach nourishment/restoration. • Not applicable. IMAGES OF BLUE WATER RESORT BEACH AREA JULY 2025 Figure 1 – View west of the proposed temporary deck location on the foreground side of the stairs Figure 2 – View west of the general beach conditions near the proposed deck. Figure 3 – View north of the access route to the beach Figure 4 – View east of the access route to the right of the second row of chairs away from the dune Figure 5 – View of the proposed temporary deck STORMWATER MANAGEMENT CHECKLIST Blue Water Resort – 291, 301 So. Shore Drive, So. Yarmouth Portable, Seasonal 12 ft. X 12 ft. Deck The tasks outlined in the NOI relate to activities of placing the portable deck, an activity that will not significantly change the site. The proposed activity as described in the Notice of Intent fits to the category "other” is a form of redevelopment (Standard 7) and causes for no significant changes to the pervious areas nor significant changes in runoff volume. The site is within the coastal flood zone “VE”. Standard 7 is given here. 7. A redevelopment project is required to meet the following Stormwater Management Standards only to the maximum extent practicable: Standard 2, Standard 3, and the pretreatment and structural best management practice requirements of Standards 4, 5, and 6. Existing stormwater discharges shall comply with Standard 1 only to the maximum extent practicable. A redevelopment project shall also comply with all other requirements of the Stormwater Management Standards and improve existing conditions. A review of the Stormwater Standards is provided below: Standard 1: (Untreated discharges) No new storm water conveyances (e.g., outfalls) may discharge untreated stormwater directly to or cause erosion in wetlands or waters of the Commonwealth. There are no changes proposed that will alter the current acceptable conditions. In large part, surface runoff is discharged to level, sandy low-lying ground areas with a high infiltration rate. Standard 2: (Peak rate control and flood prevention) Storm water management systems must be designed so that post-development peak discharge rates do not exceed pre-development peak discharge rates. This Standard may be waived for land subject to coastal storm flowage. There is no change proposed to the site drainage installed in the sandy substrate above the groundwater. The building and parking area site is within the 100-year coastal flood “AE” zone. The beach is in the VE flood zone. The small deck is within VE and does not change runoff patterns. Any rainfall dissipates into the beach sand. Standard 3: (Recharge to Ground water) Loss of annual recharge to ground water shall be eliminated or minimized through the use of infiltration measures, including environmentally sensitive site design, low impact development techniques, best management practices, and good operation and maintenance. At a minimum, the annual recharge from the post-development site shall approximate the annual recharge from the pre- development conditions based on soil type. This Standard is met when the stormwater management system is designed to infiltrate the required recharge volume as determined in accordance with the Massachusetts Stormwater Handbook. Soil type is clean sand below grassed or gravel areas. The infiltration character of the predominant earth surfaced surrounding area will absorb incidental, ambient runoff. Site is within the immediate coastal area with sand substrate unrelated to drinking water supplies. The existing roof runoff and overall site runoff will not change and poses no potential for water supply concern. Standard 4: (80% TSS Removal) Stormwater management systems must be designed to remove 80% of the average annual post- construction load of Total Suspended Solids (TSS). This standard is met when: a. Suitable practices for source control and pollution prevention are identified in a long-term pollution prevention plan and thereafter are implemented and maintained; b. Stormwater BMPs are sized to capture the required water quality volume determined in accordance with the Massachusetts Stormwater Handbook; and c. Pretreatment is provided in accordance with the Massachusetts Stormwater Handbook. It is not practical to change the site’s over-land drainage character for this small project within a discreet portion of the site. This area surrounding this site segment is level, highly pervious. Drainage tendencies shall remain as they are. Given the general surface character and quality, site drainage tendencies are of a highly natural character. Standard 5 (Higher Potential Pollutant Loads (HPPL) For land uses with higher potential pollutant loads, source control and pollution prevention shall be implemented in accordance with the Massachusetts Stormwater Handbook to eliminate or reduce the discharge of stormwater runoff from such land uses to the maximum extent practicable. If through source control and/or pollution prevention, all land uses with higher potential pollutant loads cannot be completely protected from exposure to rain, snow, snow melt and stormwater runoff, the proponent shall use the specific stormwater BMPs determined by the Department to be suitable for such use as provided in the Massachusetts Stormwater Handbook. Stormwater discharges from land uses with higher potential pollutant loads shall also comply with the requirements of the Massachusetts Clean Waters Act, M.G.L. c. 21, §§ 26-53, and the regulations promulgated thereunder at 314 CMR 3.00, 314 CMR 4.00 and 314 CMR 5.00. This Standard is not applicable as the site is not subject to activities associated with higher pollutant loads. Standard 6 (Critical Areas) Stormwater discharges to a Zone II or Interim Wellhead Protection Area of a public water supply and stormwater discharges near or any other critical area require the use of the specific source control and pollution prevention measures and the specific stormwater best management practices determined by the Department to be suitable for managing discharges to such area, as provided in the Massachusetts Stormwater Handbook. A discharge is near a critical area if there is a strong likelihood of a significant impact occurring to said area, taking into account site-specific factors. Stormwater discharges to Outstanding Resource Waters or Special Resource Waters shall be set back from the receiving water and receive the highest and best practical method of treatment. A “stormwater discharge,” as defined in 314 CMR 3.04(2)(a)1. or (b), to an Outstanding Resource Water or Special Resource Water shall comply with 314 CMR 3.00 and 314 CMR 4.00. Stormwater discharges to a Zone I or Zone A are prohibited unless essential to the operation of the public water supply. Not applicable. No project relationship to such critical areas exists. Standard 7 (Redevelopment) 7. A redevelopment project is required to meet the following Stormwater Management Standards only to the maximum extent practicable: Standard 2, Standard 3, and the pretreatment and structural best management practice requirements of Standards 4, 5, and 6. Existing stormwater discharges shall comply with Standard 1 only to the maximum extent practicable. A redevelopment project shall also comply with all other requirements of the Stormwater Management Standards and improve existing conditions. The project checklist is reviewed under the Standard 7 Criteria with all Standards discussed. Standard 8: (Erosion, Sediment Control) A plan to control construction-related impacts, including erosion sedimentation and other pollutant sources during construction and land disturbance activities (construction period erosion, sedimentation, and pollution prevention plan), must be developed and implemented. • With the existing crushed aggregate and natural ground surfaces near to and within the construction area as a level surface, and with limitations on the available room for vehicle and equipment maneuvering the runoff threat is minimized. • Work activity limits are designated as the currently accessible areas of the site. The access and placement of the deck occur in clean unvegetated beach sand on a level area. There are no debris resulting from the project of placing the fabricated deck into position. Worker guidelines shall be in place to eliminate discarding of any worker-related items, coffee cups, andchor hardware, etc. Standard 9: (Operation and Maintenance) A long-term operation and maintenance plan must be developed and implemented to ensure that stormwater management systems function as designed. The facility is seasonal resort within the coastal flood zone. The site portions, beach, parking, patio surfaces are quite level within a coastal flood zone. Runoff is slowed by the level land character. The drainage of the existing site has caused for no reported hardships. • Pollution prevention measures are part of the ongoing practice at the facility as a significant relationship to its own welfare resulting from the nature of this business, e.g. a clean enjoyable resort setting for families. The applicant has a keen sensitivity for maintaining clean, safe, natural environmental conditions. Standard 10 (Illicit Discharges) All illicit discharges to the stormwater management system are prohibited. Based upon my knowledge, information and belief, there are no illicit discharges to the ground or storm water management systems at the property. Roof runoff volume is of a relatively clean nature and is understood to be innocuous. The site use and activities do not utilize or generate hazardous or illicit materials.