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HomeMy WebLinkAboutRequest to Amend 8.18.2025 Yarmouth Conservation Commission • 1146 Route 28 • South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 • Fax (508)-398-0836 • TTD# (508) 398-2231 Rev 03/2024 Administrative Checklist Request to Amend an Order of Conditions General Information: The letter must be submitted two weeks prior to the next scheduled Conservation Commission meeting. No new information may be accepted into the Commissioner’s packet a week before the meeting. Failure to follow the Administrative Checklist guidelines shall result in an Administrative Incomplete Application and will not be advertised for a Public Hearing. Contact the Conservation office if you need assistance. For more information, refer to Wetlands & Waterways Program DWW Policy 85-4. ` Submitting an Application: 1 original letter requesting an amendment. The request shall include the DEP file number, project location, specific narrative of the proposed change and current applicant/homeowner information. 1 original and 7 copies of the updated plan, folded separately, right side out with title. All plans shall reference NAVD1988 unless otherwise noted. Landscape plans shall be detailed to show proposed and existing conditions, native species, size and spacing. A 100’ radius map, current abutters list and abutters notification identifying the property owners who are to be notified per 310 CMR 10.00. Abutters list must be certified by the Town Assessor’s office. The Assessor’s office requires 7 days advance notice. All abutters must be notified via certified mail. A pdf of original letter, plan, and other supporting information emailed to bdirienzo@yarmouth.ma.us and jjerolimo@yarmouth.ma.us Please put the property’s street address in the pdf file name. Submit Certified Mail Receipts (PS Form 3800) for all abutters. If applicable, submit Certified Mail Receipts for Massachusetts Natural Heritage and Endangered Species Program and Massachusetts Division of Marine Fisheries. Alternatively, you may visit their websites for electronic filing information. If filed electronically, please copy bdirienzo@yarmouth.ma.us and jjerolimo@yarmouth.ma.us By-law filing fee: Separate check payable to “Town of Yarmouth”. Legal ad fee: Separate check payable to “Town of Yarmouth”. Please list project property's street address on checks. Refer to Fee Schedule. Waterway’s jurisdiction – Any coastal projects such as, but not limited to, docks, piers, bulkheads, revetments, dredging and boardwalks shall require submittal of all Notice of Intent, plans and supplemental information to the Town of Yarmouth Waterways/Shellfish Committee via the Natural Resources office by certified mail or in-hand delivery. The applicant or his/her representative must provide the Conservation office proof that this has been done or the filing will not be accepted. 1 pdf of the letter, plan and other supporting information shall be sent VIA EMAIL the same day to DEP, Southeast Region at SERO_NOI@mass.gov with the subject line in the email per DEP’s request listed as “YARMOUTH - RAOOC – MassDEP 7-Digit File Number” and copied to bdirienzo@yarmouth.ma.us. We must receive a copy of this email as proof that it has been sent to DEP. Initial below I understand that in person representation is required at the scheduled hearing to present to the conservation commission. CONSERVATION OFFICE X X X X N/A X X X N/A X X August 4th, 2025 Yarmouth Conservation Commission Attn: Brittany DiRienzo, Conservation Agent Town of Yarmouth 1146 Route 28 South Yarmouth, MA 02664 Request for an Amended Order of Conditions Project Location: 162B Pleasant Street, South Yarmouth, MA 02664 DEP File No.: SE 83-2279 Dear Ms. DiRienzo and Yarmouth Conservation Commissioners, Crawford Land Management (CLM) respectfully requests an amendment to the Order of Conditions issued under SE 83-2279 to complete additional shoreline stabilization work. Since the initially approved work was completed in 2021, CLM and the applicant have observed several conditions that continue to impact the stability of the bank. There is a very slight scarp at the top of the bank which is being undermined and may slump if not addressed. Additionally, regular nourishment is needed in order to keep the existing and proposed fiber rolls covered. Lastly, wrack is frequently observed on the coastal beach extending to the coastal bank, and we believe the wrack is affecting the ability of plantings to become established. This amendment seeks to install an additional row of coir fiber rolls at the top of the coastal bank to stabilize the area that is scarping. The proposed coir fiber rolls, as well as the existing array, would be covered with coir matting in an effort to prevent UV degradation and prolong their lifespan. The bank would then be covered with compatible sand nourishment and planted with native beach grass and salt marsh grasses. We would also like permission to manage wrack in order to prevent new plantings from being covered, which may be impacting their ability to become established. Wrack may be excluded through the use of snow fencing or may be removed by hand during regular maintenance visits. Any vegetation within the limit of work that may be disturbed during installation of the additional row of fiber rolls will be replaced. A Stabilization Plan (dated 7/24/25) and a Land Management Plan & Narrative (dated July 24th, 2025) have been provided which provide more detail regarding the proposed work. We appreciate the Yarmouth Conservation Commission’s consideration of the proposed project. If you should have any questions, please don’t hesitate to contact our office at (508) 477-1346. Respectfully, Lauren Taylor RESTORATION DESIGNER, CRAWFORD LAND MANAGEMENT 162B PLEASANT ST - 100' RADIUS Sources: Esri, Maxar, Airbus DS, USGS, NGA, NASA, CGIAR, N Robinson, NCEAS, NLS, OS, NMA, Geodatastyrelsen, Rijkswaterstaat, GSA, Geoland, FEMA, Intermap, and the GIS user community July 30, 2025 0 150 30075 ft 0 40 8020 m 1:2,257 Data and scale shown on this map are provided for planning and informational Powered by Esri Technology 51/ 92/ / / ACHESON ELEANOR D HEWITT EMILY C 425 8TH ST NW APT 1129 WASHINGTON, DC 20004 51/ 90/ / / ACHESON DAVID C JR ACHESON E D AND P W 425 8TH ST NW #1129 WASHINGTON, DC 20004 51/ 94/ / / WESTMORELAND ROSAMOND W TR ROSAMOND WESTMORELAND FAMILY TRU 565 WEST END AVE APT 15C NEW YORK, NY 10024 51/ 95/ / / GATTO STEPHEN 29 ROYAL COURT NORWOOD, MA 02062 51/ 89/ / / ACHESON DAVID C JR ACHESON E D AND P W 425 8TH ST NW #1129 WASHINGTON, DC 20004 51/ 91/ / / ACHESON DAVID C JR C/O ACHESON ELEANOR D 425 8TH ST NW #1129 WASHINGTON, DC 20004 51/ 87.1/ / / DODD RICHARD S IRREVOCABLE TR 20 10 WESTMINSTER ST SUITE 400 PROVIDENCE, RI 02903 51/ 87.2/ / / DODD MICHAEL J DODD DENYSE L 681 SOUTH ST NEEDHAM, MA 02492 Please use this signature to certify this list of propertiesabutting within 100' of the parcel located at:162 Pleasant St., South Yarmouth, MA 02664Assessors Map 51, Lot 90___________________________________Andy Machado, Director of AssessingAugust 4, 2025 NOTIFICATION TO ABUTTERS In accordance with Massachusetts General Laws Chapter 131, Section 40, you are hereby notified of the following: • The name of the applicant is Eleanor Acheson • The applicant has filed a request for an Amended Order of Conditions 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). • The address of the lot where the activity is proposed is 162B Pleasant Street, South Yarmouth, MA • Proposed work is the installation of an additional row of coir fiber rolls covered with coir matting followed by the placement of supplemental sand nourishment and planting with native grasses. • Copies of the request 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 - Friday. For more information, call (508) 398-2231 ext. 1288. • Copies of the request may be obtained from the applicant’s representative. o Applicant’s representative’s phone number: 508-477-1346 • 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 • Person sending this notification: o Name: Lauren Taylor o Address: 88 Route 6A, Suite 2B o Town: Sandwich State: MA Zip: 02563 o Telephone: 508-477-1346 NOTE: • 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. Land Management Plan & Narrative 88 Route 6A, Suite 2B Sandwich MA 508.477.1346 info@crawfordlm.com WWW.CRAWFORDLM.COM PREPARED FOR 162B Pleasant Street South Yarmouth, MA 02664 DATE July 24th, 2025 2 PROJECT INTRODUCTION This project is located at 162B Pleasant Street in South Yarmouth, MA. A permit was issued for the property in 2021 under SE 83-2279 and has been extended once until June 15th, 2027. Additionally, under the state permit extension act, the permit is eligible for a two-year extension. At this time, the property owners are applying for an Amended Order of Conditions in order to permit an additional row of fiber rolls along a scarp at the top of the bank, as well as supplemental nourishment and native plantings in order to support the long-term health of the bank and adjacent resource areas. AERIAL PHOTO COURTESY OF MASSMAPPER. BASS RIVER 3 EXISTING CONDITIONS 162B Pleasant Street is a developed residential lot abutting the Bass River in South Yarmouth. Resource areas on the property include a Coastal Bank, Coastal Beach, and Salt Marsh and their associated buffer zones, as well as Flood Zone VE (el. 13) transitioning to Flood Zone AE (el. 12). However, work is only proposed within the Coastal Bank, Coastal Beach, and Flood Zones. A permit was obtained by Down Cape Engineering for the property in early 2021 that allowed the re-construction of an existing pier, platform, ramp and float, as well as the installation of a fiber roll array along a segment of the coastal bank followed by sand nourishment and planting of native grasses and shrubs. Currently, the existing fiber roll is continuously exposed and shows minor signs of degradation. Additionally, at the top of the coastal bank there is a small scarp. The profile of the bank is very shallow and then rises abruptly, likely causing water and wave action to erode the top of the bank. Additionally, the bank is unvegetated in parts, which likely contributes to sediment being eroded and the fiber rolls being exposed. There is also evidence of a substantial amount of wrack covering most of the bank. The wrack mat, as well as the site’s dry, sandy soils, could be contributing to the inability of plants to establish the bank thus far. PROPOSED PROJECT ACTIVITIES This project seeks an Amended Order of Conditions to install an additional row of fiber rolls along the top of the coastal bank. The additional row of fiber rolls would be installed several feet back from the existing array in an area where the bank is starting to scour. Only one row of 20” diameter high-density coir fiber rolls would be anchored in place using cable and duckbill anchors, and the existing array would remain as-is. The proposed row of fiber rolls would connect with fiber rolls proposed on the adjacent property, 170 Pleasant Street, owned by the same property owners (the applicants). Access for installation/maintenance of the array and nourishment activities would be from the existing driveway across the lawn and over the bank on the western edge of the property. Additionally, if the existing fiber roll arrays on both properties do not currently connect, the two arrays are proposed to be connected. The proposed/existing fiber rolls would be covered with a layer of 1000 g coir matting fitting the surface of the bank profile which would be staked and tied in place with wooden stakes and sisal rope in a crossing pattern. The bank would then be covered with approximately 13 cubic yards of compatible sand nourishment at an approximate slope of 3:1 and the nourishment would be planted into with bare root American beach grass culms and other native salt marsh grasses at approximately 12” on center. American beach grass (Ammophila breviligulata) would be focused on the upper half of the bank, and salt grass (Distichlis spicata), black grass (Juncus gerardii), and salt meadow cord grass (Spartina patens) would be focused on the lower half of the bank. If feasible, supplemental, above-ground drip irrigation will be provided to all new plantings. In order to install the additional row of fiber rolls, it’s likely that some of the invasive/native roses (Rosa rugosa and Rosa carolina) at the top of the bank would need to be removed. Native roses (Rosa carolina or Rosa virginiana, based on availability at the time of planting) are proposed to replace the vegetation that would need to be removed to accomodate installation of the rolls. Lastly, this application requests permission to manage wrack that is deposited on the bank. If a thick layer of wrack is allowed to remain on the beach, it’s likely to inhibit the ability of young plugs to receive adequate sunlight and ultimately become successfully established. Wrack would either be excluded from the bank through the use of snow fencing, or would be removed by hand during regular maintenance visits. 4 EXISTING COASTAL BANK PROFILE RUGOSA ROSE DOMINATES THE TOP OF THE BANK EXISTING EASEMENT FOOTPATH WRACK FREQUENTLY COVERS YOUNG PLANTSEXISTING SMALL SCARP AT THE TOP OF THE BANK 5 PROJECT ACTIVITY TIMELINE INITIAL INSTALLATION (FALL/WINTER 2025) • Complete all initial implementation work prior to storm season, if possible, given availability of materials, contractor schedule, etc. • First, establish a limit of work prior to beginning any work. No work is to occur below Mean High Water. • Then excavate the areas for installation of the additional fiber rolls to the elevations specified on the plan and stake out the edge of the fiber roll array to ensure locations match those shown on the plan. • Upon installation of the additional row of fiber rolls, cover the installation with compatible sand nourishment at an approximate slope of 3:1, as shown on the plan. PLANTING (SPRING OR FALL 2026) • Plantings to be installed after all work associated with the installation of the fiber roll has been completed. • Plantings to be installed in the spring or fall unless a temporary, above-ground irrigation system has already been installed and a water supply is available immediately upon planting. American beach grass will be installed as bare root culms, ideally in April. Salt marsh grass plugs will ideally be installed in May. Native roses may be installed in either spring or fall, based on availability. • If feasible, install a temporary, above-ground irrigation system to provide supplemental water to all plantings for 2-3 growing seasons or until plants are fully established. • Seed the top of the array with the CLM Custom Restoration Seed Mix and plant according to the plan. MAINTENANCE (3 YEARS MINIMUM) • Monitor the project area and perform assessments after a significant weather event to determine how the installation is performing and if any changes or additions to the installation are necessary. • Nourish the installation with compatible sediment as necessary to maintain design profiles as shown on the plan. Nourishment needs may vary from year to year for volume and frequency. • Any areas of the installation or components that are damaged, degraded, or exposed will either be repaired/replaced or the exposed portions will be removed. • Wrack may be excluded through the use of snow fencing or may be removed by hand periodically to support the establishment of young grass plugs. 6 Performance Standards Narrative 88 Route 6A, Suite 2B Sandwich MA 508.477.1346 info@crawfordlm.com WWW.CRAWFORDLM.COM PREPARED FOR 162B Pleasant Street South Yarmouth, MA 02664 DATE July 24th, 2025 7 310 CMR 10.00: The Wetlands Protection Act 10.27: Coastal Beaches (3) Any project on a coastal beach, except any project permitted under 310 CMR 10.30(3)(a), shall not have an adverse effect by increasing erosion, decreasing the volume or changing the form of any such coastal beach or an adjacent or downdrift coastal beach. The proposed work is intended to decrease erosion and improve bank stability by installing an additional row of fiber rolls in an area that shows signs of scarping. Coir matting and supplemental nourishment will be placed over the fiber rolls to help retain the form of the bank. The proposed work will decrease erosion and the form of this and any adjacent beach will not be changed. (4) Any groin, jetty, solid pier, or other such solid fill structure which will interfere with littoral drift, in addition to complying with 310 CMR 10.27(3), shall be constructed as follows: N/A. No solid fill structure is proposed. (5) Notwithstanding 310 CMR 10.27(3), beach nourishment with clean sediment of a grain size compatible with that on the existing beach may be permitted. Beach nourishment with clean, compatible sediment is proposed to cover the existing and proposed fiber rolls. (7) Notwithstanding the provisions of 310 CMR 10.27(3) through (6), no project may be permitted which will have any adverse effect on specified habitat sites or rare vertebrate or invertebrate species, as identified by procedures established under 310 CMR 10.37. N/A. No specified habitat sites of rare vertebrate or invertebrate species is identified on site. 10.30: Coastal Banks (3) No new bulkhead, revetment, seawall, groin or other coastal engineering structure shall be permitted on such a coastal bank except that such a coastal engineering structure shall be permitted when required to prevent storm damage to buildings constructed prior to the effective date of 310 CMR 10.21 through 10.37 or constructed pursuant to a Notice of Intent filed prior to the effective date of 310 CMR 10.21 through 10.37 (August 10, 1978), including reconstructions of such buildings subsequent to the effective date of 310 CMR 10.21 through 10.37, provided that the following requirements are met: N/A. No coastal engineering structure is proposed. Only soft shoreline stabilization measures are proposed. (4) Any project on a coastal bank or within 100 feet landward of the top of a coastal bank, other than a structure permitted by 310 CMR 10.30(3), shall not have an adverse effect due to wave action on the movement of sediment from the coastal bank to coastal beaches or land subject to tidal action. The coastal bank will be fronted by biodegradable coir fiber rolls in order to preserve and protect the shoreline. The array will be covered with sacrificial nourishment, which will be able to move to coastal beaches and land subject to tidal action. Sediment supply will not be diminished as a result of proposed work. (5) The Order of Conditions and the Certificate of Compliance for any new building within 100 feet landward of the top of a coastal bank permitted by the issuing authority under M.G.L. c. 131, § 40 shall contain the specific condition: 310 CMR 10.30(3), promulgated under M.G.L. c. 131, § 40, requires that no coastal engineering structure, such as a bulkhead, revetment, or seawall shall be permitted on an eroding bank at any time in the future to protect the project allowed by this Order of Conditions. 8 (6) Any project on such a coastal bank or within 100 feet landward of the top of such coastal bank shall have no adverse effects on the stability of the coastal bank. The stability of the bank will ultimately be improved by proposed work. Coir fiber rolls will help protect and/or stabilize the coastal bank, which is increasingly at risk of eroding, scouring and slumping. (7) Bulkheads, revetments, seawalls, groins or other coastal engineering structures may be permitted on such a coastal bank except when such bank is significant to storm damage prevention or flood control because it supplies sediment to coastal beaches, coastal dunes, and barrier beaches. N/A. No coastal engineering structure is proposed. Only soft shoreline stabilization measures are proposed. (8) Notwithstanding the provisions of 310 CMR 10.30(3) through (7), no project may be permitted which will have any adverse effect on specified habitat sites of rare vertebrate or invertebrate species, as identified by procedures established under 310 CMR 10.37. N/A. No specified habitat sites of rare vertebrate or invertebrate species is identified on site. 10.57: Land Subject to Flooding (4) General Performance Standards (a) Bordering Land Subject to Flooding 1. Compensatory storage shall be provided for all flood storage volume that will be lost as the result of a proposed project within Bordering Land Subject to Flooding, when in the judgment of the issuing authority said loss will cause an increase or will contribute incrementally to an increase in the horizontal extent and level of flood waters during peak flows. Compensatory storage shall mean a volume not previously used for flood storage and shall be incrementally equal to the theoretical volume of flood water at each elevation, up to and including the 100-year flood elevation, which would be displaced by the proposed project. Such compensatory volume shall have an unrestricted hydraulic connection to the same waterway or water body. Further, with respect to waterways, such compensatory volume shall be provided within the same reach of the river, stream or creek. Proposed work is intended to buffer wave energy in order to protect and preserve the existing shoreline. The proposed fiber roll array is considered a “soft” shoreline stabilization solution, and is constructed of biodegradable materials which are able to absorb and buffer wave energy rather than reflect it. The fiber roll array will fit into the existing bank landform, and will not affect flood storage volume. 2. Work within Bordering Land Subject to Flooding, including that work required to provide the above-specified compensatory storage, shall not restrict flows so as to cause an increase in flood stage or velocity. Proposed work will not restrict flows or cause an increase in flood stage or velocity, as fiber rolls will be fitted into the existing coastal bank landform. 9 3. Work in those portions of bordering land subject to flooding found to be significant to the protection of wildlife habitat shall not impair its capacity to provide important wildlife habitat functions. Except for work which would adversely affect vernal pool habitat, a project or projects on a single lot, for which Notice(s) of Intent is filed on or after November 1, 1987, that (cumulatively) alter(s) up to 10% or 5,000 square feet (whichever is less) of land in this resource area found to be significant to the protection of wildlife habitat, shall not be deemed to impair its capacity to provide important wildlife habitat functions. Additional alterations beyond the above threshold, or altering vernal pool habitat, may be permitted if they will have no adverse effects on wildlife habitat, as determined by procedures contained in 310 CMR 10.60. Proposed work is well below the 10% / 5,000 square feet alteration threshold. The existing bank is likely to continue to erode and cause further loss of naturalized area/ potential wildlife habitat. Proposed work will ultimately protect the shoreline from further erosion and re-vegetate the bank with native vegetation that is better able to stabilize soils and provide quality habitat for wildlife. (c) Protection of Rare Wildlife Species Notwithstanding the provisions of 310 CMR 10.57(4)(a) or (b), no project may be permitted which will have any adverse effect on specified wildlife habitat sites of rare vertebrate or invertebrate species, as identified by procedures established under 310 CMR 10.59. N/A. No specified wildlife habitat sites of rare vertebrate or invertebrate species is identified on site. 10 Town of Yarmouth Wetland Protection Regulations 4.02 Coastal Beaches and Tidal Flats (3) Performance Standards: 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; Sand will be able to move freely from the beach. Fiber rolls will be covered with compatible sand nourishment which will provide sediment to the adjacent beach(es). (b) Disturbing the vegetative cover, if any, so as to destabilize the beach or tidal flat; Only a small area of existing native and invasive roses at the top of the bank may need to be removed to accommodate the additional row of fiber rolls. If removal of any roses is necessary, the disturbed area will be revegetated with native Carolina or Virginia rose. The stability of the face of the bank will be improved by planting American beach grass culms and other native salt marsh grass plugs. (c) Causing any modification of the beach or downdrift beach that would increase the potential for storm or flood damage; The form of the beach will not be modified. Only a small amount of compatible sand nourishment is proposed on the coastal bank and a portion of the coastal beach to cover the existing/proposed rolls. (d) Interfering with the natural movement of the beach or tidal flat; The natural movement of the beach will not be disturbed. Sediment will continue to be able to move freely. (e) Causing artificial removal of sand from the beach or downdrift beach; Sand will not be artificially removed from the beach. Supplemental nourishment will ensure that the bank and fiber rolls are sufficiently covered and that sediment is available to the beach. (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. Wrack may be removed from the beach/coastal bank in order to improve the establishment of young plantings. No seaweed will be removed. Wrack for removal will only be above the Mean High Water line. 4.05 Coastal Banks (3) Performance Standards: (a) No new bulkhead, revetment, seawall, groin or other coastal engineering structure shall be permitted on a coastal bank that provides significant sediment to an adjacent or downdrift coastal beach; except that such a coastal engineering structure shall be permitted when required to prevent storm damage to buildings constructed prior to August 10, 1978, including re-construction of such buildings subsequent to the effective date of these regulations, provided that the following requirements are met: N/A. No coastal engineering structure is proposed. Only soft shoreline stabilization measures are proposed. 11 (b) Any project on a coastal bank or within 100 feet of the top of a coastal bank, other than a structure permitted under section 4.05, (3), (a), shall not have an adverse effect due to wave action on the movement of sediment from the coastal bank to coastal beaches or land subject to tidal action or flooding, and shall not have an adverse effect on the stability of a coastal bank. The coastal bank will be fronted by biodegradable coir fiber rolls in order to preserve and protect the shoreline. The array will be covered with sacrificial nourishment, which will be able to move to coastal beaches and land subject to tidal action. Sediment supply will not be diminished as a result of proposed work. The stability of the bank will ultimately be improved by proposed work, as coir fiber rolls will help protect and/or stabilize the coastal bank, which is increasingly at risk of eroding, scouring and slumping. 4.10 Land Subject to Coastal Storm Flowage (3)(a) General Performance Standards: 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 absorb and contain flood waters; The proposed fiber roll array is considered a “soft” shoreline stabilization solution, and is constructed of biodegradable materials which are able to absorb and buffer wave energy rather than reflect it. The fiber roll array will fit into the existing bank landform, and will not affect flood storage volume. i. reducing the ability of the land to buffer more inland areas from flooding and wave damage; The coastal bank will still be able to buffer more inland areas from flooding and wave damage. The bank profile will remain the same, and the fiber roll array will help protect and preserve the existing bank from future erosion, scouring, and slumping. 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; Flood waters will not be affected by proposed work; the existing bank profile will remain the same, and the coir material will buffer wave energy rather than reflect/redirect it as a hard solution would. 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; Flood waters will not be displaced, and no fences or privacy walls are proposed. iv. causing, or creating the likelihood of, damage to other structures on land within the flood plain as debris (collateral damage); Proposed work will not create the likelihood of damage to other structures, as fiber rolls are anchored into underlying sediment with galvanized cable, anchors and copper crimps, and are made of a soft, biodegradable material. v. causing ground, surface or saltate pollution triggered by coastal storm flowage; Proposed work creates no possibility of ground, surface or saltate pollution. 12 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; No removal of substantial vegetative cover and/or installation of fencing or other structures is proposed; only installation of a fiber roll array is proposed, which will be anchored into the existing bank and will not create a barrier to wildlife movement. vii. prevention of the migration of resource areas such as salt marshes due to sea level rise; Resource areas will still be able to migrate as much as they are able to do so currently; the existing bank profile will remain as-is, and will only be reinforced to prevent premature bank erosion and slumping. 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; A soft, biodegradable fiber roll array is proposed at this time, as opposed to a stone wall/ revetment. The fiber roll array is an improvement over alternative development/protection choices. And shall meet the following requirements; ix. Existing septic system and cesspool repairs will be allowed provided they meet all Title 5 and local Board of Health thresholds. N/A. No septic system or cesspool repairs are proposed. x. All groundwater elevations shall incorporate seasonable adjustments if test holes and or leaching components are 100 feet or closer from major estuaries. N/A. No test holes or leaching components are proposed. xi. Any proposed deck, shed, or other similar structure must be securely anchored to a footing or foundation. N/A no deck, shed or other structure is proposed. xii. Any activity shall preserve existing soils, vegetation, and other natural conditions that serve as buffers to coastal flooding and storm surges. Proposed work will ultimately preserve the ability of the coastal bank to buffer against coastal flooding and storm surges. The proposed fiber roll array will meet the existing profile of the bank so as not to inadvertently displace flood waters, and the array will help preserve the stability of the bank, which has been subject to continuous erosion, scour and slumping in recent years. The fiber rolls are made of a biodegradable, “soft” material which buffers and disseminates wave energy rather than reflecting it. Vegetation which needs to be removed to facilitate the installation of the array will be replaced in-kind with native shrubs and grasses that will improve overall bank stability and thus improve the bank’s ability to buffer flooding. 13 6.01 Setbacks and Buffer Zones (1) Notwithstanding section 6.01(2) below, no new structures, including swimming and spa pools (with the exception of water dependent structures), will be allowed within 50 feet of the following Resource Areas: No new structure is proposed; only fiber rolls, supplemental nourishment and native plantings are proposed. (2) Minor structures up to 140 square feet total coverage such as sheds, decks, and pervious patios may be allowed closer than 50 feet to a Resource Area but no closer than 35 feet. With the exception of “Vista Pruning” as outlined in section 6.03, a 35- foot undisturbed natural vegetative buffer shall be maintained between all projects and Resource Areas mentioned in 6.01 (1), above to insulate wetland resource areas from adverse impacts stemming from development elsewhere in the buffer zone. In cases where the slope of an undisturbed buffer exceeds 18%, or in any instance where the scope or nature of the project is likely to require a greater spatial offset to wetland resource areas, the Commission reserves the right to increase buffer zone width to a more suitable dimension. No new structure or development is proposed. Only temporary disturbance may occur as a result of installation of the additional fiber rolls. (3) The following are prohibited within resource areas listed in 6.01 (1) and their 35-foot buffer zones: (a) Lawn grasses including “Cape Cod Lawns” (b) Landscaping (c) Fertilizers (d) Pesticides (unless part of an approved invasive species removal program) (e) Irrigation except for temporary irrigation for establishment of native plantings (f) Mulch, other than for temporary ground stabilization for one growing season. Groundcover plantings are to be used for permanent stabilization and weed control. A temporary, above-ground irrigation system may be used in order to help native plantings establish on/at the top of the coastal bank. (4) The following are prohibited within resource areas listed in 6.01(1) and their 50-foot buffer zones: (a) Fertilizers (b) Pesticides (unless part of an approved invasive species removal program) (c) Irrigation except for temporary irrigation for establishment of native plantings A temporary, above-ground irrigation system may be used in order to help native plantings establish on/at the top of the coastal bank. (5) Lawns No new lawn is proposed. 14 6.02 Mitigation and Restoration (1) At a minimum, a 35-foot undisturbed buffer zone shall be retained between the landward-most wetland resource area and the limit of proposed site disturbance. Landward of the 35-foot no-disturb zone, work shall be designed to minimize the area of disturbance, to preserve as much undisturbed vegetation within the onehundred-foot buffer zone as is practicable for the proposed use. Existing development is located outside the 35-foot undisturbed buffer zone, and no new development is proposed. Site disturbance is limited to the installation of a row of coir fiber rolls on the coastal bank and temporary access through the buffer zone during construction. The fiber rolls will provide a net improvement over the existing coastal bank and its buffer zone. (2) Where a 50-foot undisturbed buffer zone exists prior to the proposed work, and shall remain intact upon project completion, further buffer zone enhancement shall not be required. N/A. A 50-foot undisturbed buffer zone does not currently exist and no new or replacement hardscape or structure is proposed. (3) Where a 50-foot undisturbed buffer zone does not exist prior to the proposed work, any work proposed within the 100-foot buffer zone shall be subject to mitigation planting requirements intended to restore, in so far as is possible, both the dimensions of a 50-foot undisturbed buffer and its vegetation. For work proposed within the 100-foot buffer zone, the calculation of mitigation is set forth as follows: (a) For proposed, new or replacement hardscape or structure, whether pervious or impervious, within the 50-100-foot buffer zone, mitigation shall be 2:1. N/A. No new or replacement hardscape or structure is proposed. (b) For proposed new or replacement hardscape or minor structure, whether pervious or impervious within the 35–50-foot buffer zone, mitigation shall be 3:1. N/A. No new or replacement hardscape or structure is proposed. (c) Where a variance is sought for proposed work within the 35-foot buffer, mitigation shall be determined at the commission’s discretion. (d) In no case shall the total area of mitigation plantings required be greater than that which is necessary to restore a 50-foot undisturbed buffer in its entirety. N/A. No new or replacement hardscape or structure is proposed. (e) If structures or hardscape already exist within the 35-50 foot buffer, then additional structures or hardscape may not be allowed within the 100 foot buffer until the 50 foot buffer and its vegetation have been fully restored. N/A. No new or replacement hardscape or structure is proposed. (4) Where mitigation or restoration of buffer zone vegetation is proposed or required under a notice of intent, it shall meet the following requirements: (a) Locally native and climate adapted plant species suited to the local growing conditions will be used. Mitigation areas should contain a diversity of woody species with varying heights sufficient for the space (at least 3 species when the required mitigation area is <300 sqft) and may be supplemented by an understory of native grasses and forbs (including ferns, herbs, groundcovers, and perennials). Native grasses and forbs alone cannot be used as mitigation. No new or replacement hardscape or structure is proposed, and thus no mitigation is required. 15 (b) The recommended plant spacing and densities will be used as shown on the approved plant lists available on the conservation website. (c) Only temporary use of mulch may be applied under the drip line of each plant at the time of planting for moisture retention, soil stabilization, and weed control during establishment. Native groundcovers will be utilized in the spaces between larger plantings. At no time shall a mitigation or restoration area be sheet mulched. Hand weeding is allowed. No use of mulch is proposed. (d) Foundation landscape beds within the buffer zone: Proposed foundation landscape bed plantings should appear on all plans if within resource areas and the 100-foot buffer zone. Foundation beds are defined as directly abutting a dwelling/structure and are a maximum of 5 feet in width. These areas may be planted with native species, native cultivars, or non-invasive non-natives with approval from the Commission or the Conservation Administrator. No new foundation landscape beds are proposed. 6.03 Trees and other Vegetation (1) “Vista Pruning” may be allowed on a case-by-case basis subject to the following provisions. No vista pruning is proposed. (2) Any trees removed in a resource area (excluding LSCSF) or buffer zone must be replaced with native and climate resilient trees, caliper inch for caliper inch as determined by the Diameter at Breast Height (DBH) of the tree. The same tree species should be planted unless otherwise approved by the Commission or Conservation Administrator. Example-if a 10-inch oak is removed, the trees planted must total 10 inches such as five 2-inch caliper trees. No trees are proposed for removal. (3) If the parcel is mitigation constrained, the Commission may require that the trees remain, or 16 square feet of native shrubs may be planted directly abutting the existing vegetated buffer in lieu of trees for each caliper inch that space is insufficient. N/A. No mitigation is required. (4) Trees must be preserved in Land Subject to Coastal Storm Flowage wherever feasible. When trees are proposed for removal for new development or redevelopment, the Commission may require replacement with native trees at their discretion. No trees are proposed for removal.