HomeMy WebLinkAboutNOI 7.22.2025
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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.
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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;
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• 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;
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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
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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