Loading...
HomeMy WebLinkAboutNOI 8.19.2025Yarmouth Conservation Commission • 1146 Route 28 South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 Rev 6/2025 Page 1 of 2 Administrative Checklist Notice of Intent General Information: All filings must be made on Town of Yarmouth forms. The filing deadline is two weeks prior to the next scheduled Conservation Commission meeting for new applications. Failure to follow this Checklist shall result in an Administratively Incomplete Application and will not be advertised for a Public Hearing. Refer to the meeting schedule. Contact the Conservation Office if you need assistance. Submitting an Application: Does the property have any outstanding/expired Orders of Conditions? If so, please file a Request for Certificate of Compliance for each outstanding/expired Order, as the Commission may not issue a new Order until any outstanding/expired Orders have been closed and recorded. (*see page 2) Hardcopy filing dropped off or mailed to the Conservation Office including: 1 Administrative Checklist 1 complete NOI application WPA form 3 with original signatures. Typed signatures will not be accepted. Detailed narrative of the project including existing & proposed conditions, construction sequence, type of equipment, staging locations, drainage and stormwater, erosion controls, invasive species management and alternative analysis. The narrative shall include how the project meets performance standards per 310 CMR 10.0 & TOY Wetland Regulations, delineation sheets (if BVW or vegetated wetlands are present) or other resource area calculations, and supporting information. 1 100’ radius map, current abutters list identifying the property owners who are to be notified per 310 CMR 10.00 and abutter notification form. 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. Certified Mail Receipts (PS Form 3800) for all abutters. Green cards to be submitted at the hearing. 1 original and 7 copies of the plan, folded separately, right side out with title and project address visible. All plans shall reference NAVD1988 unless otherwise noted. See plan requirements Yarmouth’s share of State filing fee: Separate check made payable to “Town of Yarmouth” (refer to NOI Wetland Fee Transmittal Form) By-law filing fee: Separate check made payable to “Town of Yarmouth” Legal ad fee: Separate check made payable to “Town of Yarmouth” Please list project property’s street address on checks. Refer to Fee Schedule DEP share of the fee (refer to NOI form) shall be sent to: Dept. of Environmental Protection Box 4062 Boston, MA 02211 CONSERVATION OFFICE No X X X X X X X X X X Yarmouth Conservation Commission • 1146 Route 28 South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 Rev 6/2025 Page 2 of 2 DEP Submittal and Digital filing If you are filing with MassDEP using eDEP, please include a copy of the submittal confirmation with your application. If not filing via eDEP, a PDF of your application, plan, and all other supporting information must 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 - NOI - Street Address - Applicant Name” and copied bdirienzo@yarmouth.ma.us and jjerolimo@yarmouth.ma.us. We must receive a copy of this email with the application as proof that it has been submitted to DEP. Initial below I CERTIFY that all on-site requirements will be completed by noon on the Friday prior to the hearing date. All proposed structures must be staked, and all relevant resource areas and buffer zones must be staked or flagged. Please consult the Yarmouth Wetland Regulations, page 17. Without proper staking your project may be deemed incomplete and be continued to the next hearing date. I understand that in person representation is required at the scheduled hearing to present to the conservation commission If Applicable Certified Mail Receipt for Massachusetts Natural Heritage and Endangered Species Program Certified Mail Receipt for Massachusetts Division of Marine Fisheries. If filing via email, CC bdirienzo@yarmouth.ma.us and jjerolimo@yarmouth.ma.us 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 hand delivery. The applicant or his/her representative must provide the Conservation office with proof that this has been done or the filing will not be accepted. Other Requirements o Does the proposed project meet the applicable regulations of the Town of Yarmouth Zoning bylaws? Do you need to file with the Yarmouth Board of Appeals? If so, you must file with ZBA after conservation permitting is completed. o If a vacant lot, have you completed and received a determination for the Building Department for a lot inquiry form? *To view all Conservation files/permits for the property address online, go to www.yarmouth.ma.us/LF - X X X wpaform3.doc • rev. 12/4/2023 Page 1 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number City/Town Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. Note: Before completing this form consult your local Conservation Commission regarding any municipal bylaw or ordinance. A.General Information 1.Project Location (Note: electronic filers will click on button to locate project site): a. Street Address b. City/Town c. Zip Code Latitude and Longitude: d. Latitude e. Longitude f. Assessors Map/Plat Number g. Parcel /Lot Number 2.Applicant: a. First Name b. Last Name c. Organization d. Street Address e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number j. Email Address 3.Property owner (required if different from applicant):Check if more than one owner a. First Name b. Last Name c. Organization d. Street Address e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number j. Email address 4.Representative (if any): a. First Name b. Last Name c. Company d. Street Address e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number j. Email address 5.Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): a. Total Fee Paid b. State Fee Paid c. City/Town Fee Paid Page 1.1: List of Property Owners Co-owner: Eleanor Acheson Project location: 170 Pleasant Street, Yarmouth, MA 02664 Parcel ID: Map 51, Parcel 92 Deed reference: Barnstable Registry of Deeds: Book 30969, Page 0220 Mailing address: 425 8th Street, NW, #1129, Washington, DC 20004 Phone number: 202-468-2645 Email address: echeda@aol.com Co-owner: Emily C. Hewitt Project location: 170 Pleasant Street, Yarmouth, MA 02664 Parcel ID: Map 51, Parcel 92 Deed reference: Barnstable Registry of Deeds: Book 30969, Page 0220 Mailing address: 425 8th Street, NW, #1129, Washington, DC 20004 Phone number: 202-468-2645 Email address: echeda@aol.com wpaform3.doc • rev. 12/4/2023 Page 2 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number City/Town A. General Information (continued) 6.General Project Description: 7a. Project Type Checklist: (Limited Project Types see Section A. 7b.) 1. Single Family Home 2. Residential Subdivision 3. Commercial/Industrial 4. Dock/Pier 5. Utilities 6. Coastal engineering Structure 7. Agriculture (e.g., cranberries, forestry) 8. Transportation 9. Other 7b. Is any portion of the proposed activity eligible to be treated as a limited project (including Ecological Restoration Limited Project) subject to 310 CMR 10.24 (coastal) or 310 CMR 10.53 (inland)? 1. Yes No If yes, describe which limited project applies to this project. (See 310 CMR 10.24 and 10.53 for a complete list and description of limited project types) 2. Limited Project Type If the proposed activity is eligible to be treated as an Ecological Restoration Limited Project (310 CMR10.24(8), 310 CMR 10.53(4)), complete and attach Appendix A: Ecological Restoration Limited Project Checklist and Signed Certification. 8.Property recorded at the Registry of Deeds for: a. County b. Certificate # (if registered land) c. Book d. Page Number B. Buffer Zone & Resource Area Impacts (temporary & permanent) 1. Buffer Zone Only – Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland, Inland Bank, or Coastal Resource Area. 2. Inland Resource Areas (see 310 CMR 10.54-10.58; if not applicable, go to Section B.3, Coastal Resource Areas). Check all that apply below. Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. wpaform3.doc • rev. 12/4/2023 Page 3 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d) For all projects affecting other Resource Areas, please attach a narrative explaining how the resource area was delineated. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. Bank 1. linear feet 2. linear feet b. Bordering Vegetated Wetland 1. square feet 2. square feet c. Land Under Waterbodies and Waterways 1. square feet 2. square feet 3. cubic yards dredged Resource Area Size of Proposed Alteration Proposed Replacement (if any) d. Bordering Land Subject to Flooding 1. square feet 2. square feet 3. cubic feet of flood storage lost 4. cubic feet replaced e. Isolated Land Subject to Flooding 1. square feet 2. cubic feet of flood storage lost 3. cubic feet replaced f. Riverfront Area 1. Name of Waterway (if available) - specify coastal or inland 2. Width of Riverfront Area (check one): 25 ft. - Designated Densely Developed Areas only 100 ft. - New agricultural projects only 200 ft. - All other projects 3. Total area of Riverfront Area on the site of the proposed project: square feet 4. Proposed alteration of the Riverfront Area: a. total square feet b. square feet within 100 ft. c. square feet between 100 ft. and 200 ft. 5. Has an alternatives analysis been done and is it attached to this NOI? Yes No 6. Was the lot where the activity is proposed created prior to August 1, 1996? Yes No 3. Coastal Resource Areas: (See 310 CMR 10.25-10.35) Note: for coastal riverfront areas, please complete Section B.2.f. above. wpaform3.doc • rev. 12/4/2023 Page 4 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number City/Town B.Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d) Check all that apply below. Attach narrative and supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. Designated Port Areas Indicate size under Land Under the Ocean, below b.Land Under the Ocean 1. square feet 2. cubic yards dredged c.Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below d.Coastal Beaches 1. square feet 2. cubic yards beach nourishment e.Coastal Dunes 1. square feet 2. cubic yards dune nourishment Size of Proposed Alteration Proposed Replacement (if any) f.Coastal Banks 1. linear feet g.Rocky Intertidal Shores 1. square feet h. Salt Marshes 1. square feet 2. sq ft restoration, rehab., creation i.Land Under Salt Ponds 1. square feet 2. cubic yards dredged j. Land Containing Shellfish 1. square feet k.Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1. cubic yards dredged l.Land Subject to Coastal Storm Flowage 1. square feet 4. Restoration/Enhancement If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.2.b or B.3.h above, please enter the additional amount here. a. square feet of BVW b. square feet of Salt Marsh 5. Project Involves Stream Crossings a. number of new stream crossings b. number of replacement stream crossings wpaform3.doc • rev. 12/4/2023 Page 5 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number City/Town C.Other Applicable Standards and Requirements This is a proposal for an Ecological Restoration Limited Project. Skip Section C and complete Appendix A: Ecological Restoration Limited Project Checklists – Required Actions (310 CMR 10.11). Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review 1.Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program (NHESP)? To view habitat maps, see the Massachusetts Natural Heritage Atlas or go to http://maps.massgis.state.ma.us/PRI_EST_HAB/viewer.htm. a. Yes No If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife 1 Rabbit Hill Road Westborough, MA 01581 b. Date of map If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18). To qualify for a streamlined, 30-day, MESA/Wetlands Protection Act review, please complete Section C.1.c, and include requested materials with this Notice of Intent (NOI); OR complete Section C.2.f, if applicable. If MESA supplemental information is not included with the NOI, by completing Section 1 of this form, the NHESP will require a separate MESA filing which may take up to 90 days to review (unless noted exceptions in Section 2 apply, see below). c.Submit Supplemental Information for Endangered Species Review∗ 1. Percentage/acreage of property to be altered: (a)within wetland Resource Area percentage/acreage (b)outside Resource Area percentage/acreage 2. Assessor’s Map or right-of-way plan of site 2. Project plans for entire project site, including wetland resource areas and areas outside of wetlands jurisdiction, showing existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work ∗∗ (a) Project description (including description of impacts outside of wetland resource area & buffer zone) (b)Photographs representative of the site ∗ Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review (see https://www.mass.gov/ma- endangered-species-act-mesa-regulatory-review). Priority Habitat includes habitat for state-listed plants and strictly upland species not protected by the Wetlands Protection Act. ∗∗ MESA projects may not be segmented (321 CMR 10.16). The applicant must disclose full development plans even if such plans are not required as part of the Notice of Intent process. wpaform3.doc • rev. 12/4/2023 Page 6 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number City/Town C. Other Applicable Standards and Requirements (cont’d) (c) MESA filing fee (fee information available at https://www.mass.gov/how-to/how-to-file-for- a-mesa-project-review). Make check payable to “Commonwealth of Massachusetts - NHESP” and mail to NHESP at above address Projects altering 10 or more acres of land, also submit: (d) Vegetation cover type map of site (e) Project plans showing Priority & Estimated Habitat boundaries (f) OR Check One of the Following 1. Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, https://www.mass.gov/service-details/exemptions-from-review-for-projectsactivities-in- priority-habitat; the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR 10.37 and 10.59.) 2. Separate MESA review ongoing. a. NHESP Tracking # b. Date submitted to NHESP 3. Separate MESA review completed. Include copy of NHESP “no Take” determination or valid Conservation & Management Permit with approved plan. 3. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? a. Not applicable – project is in inland resource area only b. Yes No If yes, include proof of mailing, hand delivery, or electronic delivery of NOI to either: South Shore - Bourne to Rhode Island border, and the Cape & Islands: Division of Marine Fisheries - Southeast Marine Fisheries Station Attn: Environmental Reviewer 836 South Rodney French Blvd. New Bedford, MA 02744 Email: dmf.envreview-south@mass.gov North Shore - Plymouth to New Hampshire border: Division of Marine Fisheries - North Shore Office Attn: Environmental Reviewer 30 Emerson Avenue Gloucester, MA 01930 Email: dmf.envreview-north@mass.gov Also if yes, the project may require a Chapter 91 license. For coastal towns in the Northeast Region, please contact MassDEP’s Boston Office. For coastal towns in the Southeast Region, please contact MassDEP’s Southeast Regional Office. c. Is this an aquaculture project? d. Yes No If yes, include a copy of the Division of Marine Fisheries Certification Letter (M.G.L. c. 130, § 57). wpaform3.doc • rev. 12/4/2023 Page 7 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number City/Town C. Other Applicable Standards and Requirements (cont’d) Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. 4. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? a. Yes No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP Website for ACEC locations). Note: electronic filers click on Website. b. ACEC 5. Is any portion of the proposed project within an area designated as an Outstanding Resource Water (ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00? a. Yes No 6. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Restriction Act (M.G.L. c. 131, § 40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § 105)? a. Yes No 7. Is this project subject to provisions of the MassDEP Stormwater Management Standards? a. Yes. Attach a copy of the Stormwater Report as required by the Stormwater Management Standards per 310 CMR 10.05(6)(k)-(q) and check if: 1. Applying for Low Impact Development (LID) site design credits (as described in Stormwater Management Handbook Vol. 2, Chapter 3) 2. A portion of the site constitutes redevelopment 3. Proprietary BMPs are included in the Stormwater Management System. b. No. Check why the project is exempt: 1. Single-family house 2. Emergency road repair 3. Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi-family housing project) with no discharge to Critical Areas. D. Additional Information This is a proposal for an Ecological Restoration Limited Project. Skip Section D and complete Appendix A: Ecological Restoration Notice of Intent – Minimum Required Documents (310 CMR 10.12). Applicants must include the following with this Notice of Intent (NOI). See instructions for details. Online Users: Attach the document transaction number (provided on your receipt page) for any of the following information you submit to the Department. 1. USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for the Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.) 2. Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area. wpaform3.doc • rev. 12/4/2023 Page 8 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number City/Town D. Additional Information (cont’d) 3. Identify the method for BVW and other resource area boundary delineations (MassDEP BVW Field Data Form(s), Determination of Applicability, Order of Resource Area Delineation, etc.), and attach documentation of the methodology. 4. List the titles and dates for all plans and other materials submitted with this NOI. a. Plan Title b. Prepared By c. Signed and Stamped by d. Final Revision Date e. Scale f. Additional Plan or Document Title g. Date 5. If there is more than one property owner, please attach a list of these property owners not listed on this form. 6. Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. 7. Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. 8. Attach NOI Wetland Fee Transmittal Form 9. Attach Stormwater Report, if needed. E. Fees 1. Fee Exempt: No filing fee shall be assessed for projects of any city, town, county, or district of the Commonwealth, federally recognized Indian tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority. Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee Transmittal Form) to confirm fee payment: 2. Municipal Check Number 3. Check date 4. State Check Number 5. Check date 6. Payor name on check: First Name 7. Payor name on check: Last Name noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. A. Applicant Information 1. Location of Project: a. Street Address b. City/Town c. Check number d. Fee amount 2. Applicant Mailing Address: a. First Name b. Last Name c. Organization d. Mailing Address e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number j. Email Address 3. Property Owner (if different): a. First Name b. Last Name c. Organization d. Mailing Address e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number j. Email Address To calculate filing fees, refer to the category fee list and examples in the instructions for filling out WPA Form 3 (Notice of Intent). B. Fees Fee should be calculated using the following process & worksheet. Please see Instructions before filling out worksheet. Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. Step 2/Number of Activities: Identify the number of each type of activity. Step 3/Individual Activity Fee: Identify each activity fee from the six project categories listed in the instructions. Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2) times the fee per category (identified in Step 3) to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be multiplied by 1.5 and then added to the subtotal amount. Step 5/Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step 6/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract $12.50. To calculate the city/town share of the fee, divide the total fee in half and add $12.50. noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 2 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Fees (continued) Step 1/Type of Activity Step 2/Number of Activities Step 3/Individual Activity Fee Step 4/Subtotal Activity Fee Step 5/Total Project Fee: Step 6/Fee Payments: Total Project Fee: a. Total Fee from Step 5 State share of filing Fee: b. 1/2 Total Fee less $12.50 City/Town share of filling Fee: c. 1/2 Total Fee plus $12.50 C. Submittal Requirements a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to the Commonwealth of Massachusetts. Department of Environmental Protection Box 4062 Boston, MA 02211 b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and the city/town fee payment. To MassDEP Regional Office (see Instructions): Send a copy of the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and a copy of the state fee payment. (E-filers of Notices of Intent may submit these electronically.) Land Management Plan & Narrative 88 Route 6A, Suite 2B Sandwich MA 508.477.1346 info@crawfordlm.com WWW.CRAWFORDLM.COM PREPARED FOR 170 Pleasant Street South Yarmouth, MA 02664 DATE July 24th, 2025 2 PROJECT INTRODUCTION This project is located at 170 Pleasant Street in South Yarmouth, MA. A permit was issued for the property in 2017 under SE 83-2101 permitting several site improvements, including the installation of coir logs along the coastal bank. That permit has since expired, and at this time, the property owners are applying for a new Notice of Intent in order to permit an additional 1-2 rows 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 170 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, Salt Marsh and Riverfront Area 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, 100’ buffer of the Riverfront Area, and Flood Zones. A permit was obtained by Down Cape Engineering for the property in early 2017 that allowed the re-construction of an existing dwelling and associated site features, as well as the installation of a fiber roll array along the coastal bank. 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 Notice of Intent seeks to install an additional 1-2 rows of fiber rolls along the top of the coastal bank. The additional fiber rolls would be installed several feet back from the existing array in an area where the bank is starting to scour; the proposed fiber rolls would be anchored in place using cable and duckbill anchors, and the existing array would remain as-is. One row of 20” diameter high-density coir fiber rolls would extend from the east side of the existing set of timber steps to the eastern property line, and a second row of fiber rolls would be installed above the first near the existing pier, where the scarp is slightly larger. The proposed fiber rolls would connect with the fiber rolls proposed on the adjacent property, 162B Pleasant Street, which is owned by the same property owners (the applicants). Additionally, if the existing fiber roll arrays on both properties do not currently connect, the two arrays are proposed to be connected. Access for installation/maintenance of the array and nourishment activities would be from the existing driveway on 162B Pleasant Street across the lawn and over the bank along the western edge of the 162B property. 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 19 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 existing vegetation 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) and northern bayberry (Morella pensylvanica) 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 SCARP IS LARGER UNDER EXISTING PIER EXISTING EASEMENT FOOTPATHWRACK FREQUENTLY COVERS YOUNG PLANTS EXISTING 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 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 170 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 additional fiber rolls in areas 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. 10.58: Riverfront Area (4) General Performance Standard (a) Protection of Other Resource Areas The work shall meet the performance standards for all other resource areas within the riverfront area, as identified in 310 CMR 10.30 (Coastal Bank), 10.32 (Salt Marsh), 10.55 (Bordering Vegetated Wetland), and 10.57 (Land Subject to Flooding). When work in the riverfront area is also within the buffer zone to another resource area, the performance standards for the riverfront area shall contribute to the protection of the interests of M.G.L. c. 131, § 40 in lieu of any additional requirements that might otherwise be imposed on work in the buffer zone within the riverfront area. All other relevant performance standards have been addressed. (b) Protection of Rare Species No project may be permitted within the riverfront area which will have any adverse effect on specified habitat sites of rare wetland or upland, vertebrate or invertebrate species, as identified by the procedures established under 310 CMR 10.59 or 10.37, or which will have any adverse effect on vernal pool habitat certified prior to the filing of the Notice of Intent. N/A. No specified habitat sites of rare wetland or upland, vertebrate or invertebrate species, or vernal pool habitat, is identified on site. (c) Practicable and Substantially Equivalent Economic Alternatives There must be no practicable and substantially equivalent economic alternative to the proposed project with less adverse effects on the interests identified in M.G.L. c. 131 § 40.. An alternatives analysis has been provided. 10 (d) No Significant Adverse Impact The work, including proposed mitigation measures, must have no significant adverse impact on the riverfront area to protect the interests identified in M.G.L. c. 131, § 40. Proposed work will have no significant adverse impact. Only shoreline stabilization work is proposed, which is minimal in nature and is intended to protect and restore the existing coastal bank and adjacent resource areas. Only one or two additional rows of fiber rolls are proposed in addition to the existing array in an area which is experiencing minor scarping. Nourishment with compatible sand sediment and planting of native herbaceous species is also proposed, which will help enhance stability, reduce erosion, and provide improved wildlife habitat. Less than 5000 square feet or 10% of the riverfront area within the lot will be altered. The existing buffer area of undisturbed vegetation is less than 100 feet wide, but its width will be preserved. Proposed work will ensure that the size of this naturalized area is protected from further erosion, and will improve the quality of this area by supplementing it with native herbaceous vegetation. 11 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 vegetation at the top of the bank may need to be removed to accommodate the additional row of fiber rolls. If removal of any vegetation is necessary, the disturbed area will be revegetated with native Carolina or Virginia rose and northern bayberry. 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. 12 (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. 13 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. 14 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. 15 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. 16 (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. 17 Alternatives Analysis (1) No stabilization work is completed. The property could be left as-is without completing any stabilization work. However, there is a scarp above the existing fiber roll array which has been eroding the existing lawn and naturalized areas above it for several years. If left alone, this scarp would likely continue to worsen, causing loss of lawn and naturalized area on the property. The proposed addition of one to two rows of fiber rolls would protect this area against further erosion and essentially hold the existing landform in place. Additionally, the existing fiber rolls are exposed, which accelerates their degradation. The proposed project would nourish over the existing and proposed rolls to protect against UV degradation, and would plant the installation with native grasses and herbaceous perennials, whose root systems would help reduce erosion. (2) Nourishment and planting could be completed without the addition of one or two rows of fiber rolls. The bank could be nourished and planted without the addition of more fiber rolls. However, it’s evident that wave energy from tides and storms is frequent enough to reach the area of the scarp repeatedly and continue to scour the bank. It’s likely that nourishment and planting will need to be completed regularly to replenish material that is lost due to storms, but the fiber rolls will act as a backstop if nourishment is removed that will buffer water and wave energy and help protect against erosion and scour that would otherwise remove underlying sediment and ultimately shift the bank landform landward. LOCUS - 170 PLEASANT ST Printed Jul 30, 2025 170 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/ 93/ / / SAADA BEN TR GB SOUL II REALTY TRUST 114 RAWSON RD BROOKLINE, MA 02445 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/ 29/ / / HART WILLIAM P HART BEVERLY C 157 PLEASANT ST SOUTH YARMOUTH, MA 02664 51/ 23/ / / CHILDS CHARLES F QUIRK TERESA 167 PLEASANT ST SOUTH YARMOUTH, MA 02664 51/ 88/ / / ANSCHUTZ MARK S TRS ANSCHUTZ REVOCABLE TRUST 162 PLEASANT ST SOUTH YARMOUTH, MA 02664 Please use this signature to certify this list of propertiesabutting within 100' of the parcel located at:170 Pleasant St., South Yarmouth, MA 02664Assessors Map 51, Lot 92___________________________________Andy Machado, Director of AssessingAugust 4, 2025 NOTIFICATION TO ABUTTERS UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT & TOWN OF YARMOUTH WETLAND BY-LAW, CHAPTER 143 In accordance with the second paragraph of the Massachusetts General Laws Chapter 131, Section 40, you are hereby notified of the following: A. The name of the applicant is ________________________________________________ B. The applicant has filed a Notice of Intent 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). C. The address of the lot where the activity is proposed is ______________________________ D. Proposed work is _____________________________________________________________ ____________________________________________________________________________ E. Copies of the Notice of Intent 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 thru Friday. For more information, call (508) 398-2231 ext. 1288. F. Copies of the Notice of Intent may be obtained from either the applicant or applicant’s representative. Applicant’s phone number _____________________________________ Or Applicant’s representatives phone number ___________________________________ G. 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 H. Person sending this notification (applicant, representative or other) Name __________________________________________ Address ________________________________________ Town _________________ State _______ Zip _________ Telephone _______________________________________ NOTES : • 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. • You may also contact the Southeast Regional Office of the Department of Environmental Protection at (508) 946-2800 for more information about this application. Eleanor Acheson 170 Pleasant Street, South Yarmouth installation of 1-2 rows of coir fiber rolls covered with coir matting followed by the placement of supplemental sand nourishment and planting with native grasses. 508-477-1346 Lauren Taylor 88 Route 6A Suite 2B Sandwich MA 02563 508-477-1346