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Home My WebLink AboutSupplemental Info 12.4.2025 1550 Main Street, Suite 400 Springfield, MA 01103 413.452.0445 www.fando.com December 4, 2025 Town of Yarmouth Conservation Commission 1146 Route 28 South Yarmouth, MA 02664 RE: Notice of Intent (NOI) for an Ecological Restoration Project: Supplemental Information Bayview Bogs Wetland Restoration Yarmouth, MA Dear Commission Members, On behalf of the Cape Cod Conservation District, please find below and attached additional information in response to the Yarmouth Conservation Administrator’s December 2, 2025 request for additional information in association with the Notice of Intent for an Ecological Restoration Project at Bayview Bogs. • Material proposed for the ADA surface – or at least whether it is semi-pervious or impervious The surface treatment has not yet been finalized and will be based on weighing considerations of maintenance and cost for material options that will provide an appropriate ADA-compliant surface for those portions of the trail network intended to provide full all-persons accessibility. For discussion purposes, we request that the Commission assume those surfaces indicated as “hardened” will be impervious, although in practice, we anticipate that these surfaces will likely be semi-pervious in some or all areas where the hardened surface is proposed. The ADA- accessible boardwalks and overlooks will be pervious. • Table with total area of proposed hardscape/driveway surface (and whether pervious or impervious) within the 35’, 50’ and 100’ buffers, with a variance request with justification for items within the 35’ no disturb zone A table with the requested tally of impacts for hardened surfaces is provided at the end of this letter. The attached markup of plan sheets CS-101 and CG-101 visually depicts all areas included in these calculations. Per Part 7.01 of the Yarmouth Wetland Regulations, we are requesting a variance with respect to construction in the 35-foot and 50-foot buffer zones. The proposed Bayview Bogs Wetland Restoration represents a significant ecological improvement when compared to existing conditions, and the proposed work within the buffer zones to provide an ADA-accessible Therapeutic Landscape Area will not adversely affect any areas subject to the protection of the Regulations. The Therapeutic Landscape Area and other elements of the on-site trail network will enable visitors to engage with the restoration site, enhancing public understanding of the value of wetland resources, and extending the benefits of the 1550 Main Street, Suite 400 Springfield, MA 01103 413.452.0445 www.fando.com restoration work for enhanced public access and access to the healing benefits of nature. Further, there are no viable alternatives to activities within the buffer zones that provide the same access and engagement with the restored site (see additional notes within the provided impact table). Additionally, where boardwalks are proposed throughout the site, they occur at or adjacent to the locations of existing berms which are being removed and are specifically designed to allow for full removal of constructed agricultural berms to restore natural hydrologic connectivity and reduce human impact on sensitive wetland areas by keeping foot traffic elevated and contained. The use of helical piles ensures that only minimal, pinpoint disturbance occurs at each structural pile and groundwater and surface flows can move freely under the boardwalks. The boardwalks are therefore a significant improvement over existing conditions in which existing berms restrict hydrologic connectivity. Finally, disturbance and excavation within the 35’ and 50’ buffer zone and within the former cranberry bogs themselves is essential to complete the restoration objectives, including removing existing berms and the existing tidal restriction, filling ditches, completing surface roughening treatments and creation of deep marsh areas, and creating broad diffuse flow paths for improved connectivity between bog cells. • The hydrologic modeling results Please see the attached Hydrologic and Hydraulic modeling report. • For boardwalks: proposed clearance (or a range) between decking/stringers and the wetland surface, and deck spacing (1” minimum unless ADA requires smaller). Design must be stamped by an engineer. ADA requires that decking be spaced to have no more than ½” gap. To avoid violating this standard during cold conditions, when decking boards experience shrinkage, they will likely need to be spaced tighter than ½” at installation. Clearance from the wetland surface to the stringers will vary, since the microtopography surface treatment is highly variable. We will generally attempt to maintain no greater than 30” height from decking to the surface in most locations to minimize the need for railings and allow the boardwalk to blend in with surrounding vegetation as it grows up. This typically results in variable clearance under the boardwalk from 6” to 16”. Included at the end of this letter are photos from one of the boardwalks we installed at the Windswept Bogs restoration on Nantucket using the same design—the photos are taken after the first growing season post-restoration and will allow the Commission to see how the vegetation starts to grow in around and under the boardwalks. We have included a revised detail sheet CD-502 for the boardwalks stamped by a professional engineer. Please note, however, that the boardwalks will be constructed as a delegated design—it is more cost effective for a helical-pile boardwalk design to have the contractor take responsibility for working with a structural engineer and helical pile supplier to finalize the dimensions and design based on the detail we provide, and then that structural engineer stamps the final design for review and approval by Fuss & O’Neill. It is already noted in our detail (see note 3 on sheet CD-502) that “Boardwalk and supporting members, including the helical piles and railings, to be designed by the contractor. Construction drawings and design calculations to be stamped by a professional engineer registered in the state of Massachusetts and submitted for review and approval.” We would be amenable to having the 1550 Main Street, Suite 400 Springfield, MA 01103 413.452.0445 www.fando.com Commission include a condition in the Restoration Order that indicates that the Commission must receive a copy of the stamped structural engineering submittal for the boardwalks prior to their construction. • Design for the proposed stream crossing at the location of the tidal restriction removal. More detail is needed for the section over the perennial stream and stamped by an engineer, showing it meets the stream crossing standards. Please see the attached revised detail sheet CD-506 which now includes a detail for the proposed crossing of the tidal creek. For clarification, however, the existing tidal creek is fed from Lewis Bay; there are no flow-through freshwater perennial streams located within the site. Further, while the proposed pedestrian crossing will meet the intent of the stream crossing standards, tidal crossings are also not required to meet the stream crossing standards. The WPA includes the following language under general eligibility criteria for Ecological Restoration projects: 10.13(1)(h) If the Ecological Restoration Project involves work on a stream crossing, the stream crossing has been designed in accordance with 310 CMR 10.24(10) for work in coastal resource areas and 310 CMR 10.53(8) for work in inland resource areas, as applicable. 10.53(8)(b) is the applicable section for the proposed pedestrian crossing where we are removing the tidal restriction. 10.53(8) Any person proposing the replacement of an existing stream crossing demonstrate to the Issuing Authority that the impacts of the crossing have been avoided when not possible have been minimized and that mitigation measures have been provided to contribute to the protection of the interests identified in M.G.L. c. 131, 40. An applicant will be presumed to have made this showing if the project is designed as follows: a) If the project includes replacement of an existing non-tidal crossing, the applicant demonstrates to the satisfaction of the Issuing Authority that the crossing complies with the Massachusetts Stream Crossing Standards to the maximum extent practicable. b) If the project includes replacement of an existing tidal crossing that restricts tidal flow, the applicant demonstrates to the satisfaction of the Issuing Authority that tidal restriction will be eliminated to the maximum extent practicable. As required under 10.53(8)(b), our project eliminates the tidal restriction to the maximum extent practicable – we have proposed to remove the entirety of the restriction to provide full tidal exchange. The proposed pedestrian boardwalk to maintain trail connectivity and access will be above MHHW, supported on helical piers, with no piers located in the tidal channel (we will fully span the tidal channel and banks), and will therefore have a negligible impact on tidal flows. This is all depicted in the new detail, attached. 1550 Main Street, Suite 400 Springfield, MA 01103 413.452.0445 www.fando.com The revised detail sheet CD-506 has been stamped by a professional engineer. As noted above for the boardwalks, this crossing will be constructed as a delegated design and final structural drawings will be stamped by the contractor’s engineer. We trust this additional information will provide the remaining components necessary to consider our filing complete and look forward to appearing before the Commission at your December 18th meeting. Should you have any questions or require additional information, please contact Julianne Busa at (413) 333 -5469 or by email at Julianne.Busa@fando.com. Sincerely, Julianne Busa, PhD, PWS, Certified Senior Ecologist Associate | Senior Resilience Scientist CC: MassDEP (SERO) Division of Wetlands and Waterways Mark Forest, Chair, Cape Cod Conservation District, mforestcccd@gmail.com Attachments: Table of Buffer Zone Impacts from Hardened or Potentially Impervious Surfaces in Therapeutic Landscape Area Markup of Buffer Zone Impact Areas (2 sheets) Reference photos of installed boardwalks at Windswept Wetland Restoration, Nantucket, MA Updated Sheets CD-502 and CD-506 (2 sheets) Hydrologic and Hydraulic Modeling Report Within 35' BZ 35-50' BZ 50-100'BZ NotesMaximum Potential Impervious AreaTherapeutic Landscape Area Accessible Walking Trails 5,897 2,561 3,832 Square FeetThe goal of providing ADA accessible access to the restored wetlands for therapeutic purposes cannot be met without construction of accessible trails in the 35' Buffer Zone. These areas are currently degraded with invasive vegetation. Pond Area Accessible Walking Trails 4,081 1,407 --Trail has been located on existing trail wherever possible to minimize impacts. Some portions of the existing trail within 35' BZ could be relocated to the 50' BZ if required by the Commission. Therapuetic Landscape Accessible Plaza & Seating Areas 1,342 844 1,443 Square FeetThe goal of providing ADA accessible access to the restored wetlands for therapeutic purposes cannot be met without construction of plazas and seating areas in the 35' Buffer Zone. These areas are currently degraded with invasive vegetation. Entry Plaza Accessible Walking Trails 150 207 1,764 Square Feet Only possible way to provide trail connectivity into the site is through the 35' BZEntry Plaza Accessible Seating Area 45 695 Square FeetRelocated Parking Area 84 733 3,018 Square Feet Area is already in use for parking or degraded by extensive invasive vegetation.Total Potential Impervious11,554 5,797 10,752 Square Feet0.27 0.13 0.25 AcresPervious Boardwalks/Overlooks Within Therapeutic Landscape AreaAccessible boardwalks and overlooks within Therapeutic Landscape Area 2,210 -- -- Square FeetThe goal of providing ADA accessible access to the restored wetlands for therapeutic purposes cannot be met without construction of boardwalks and overlooks in the 35' Buffer Zone. These areas are currently degraded with invasive vegetation. Accessible boardwalks into/out of TL area over restored wetlands at berm removal locations 1,480 -- -- Square FeetThere is no way to maintain access to the restored wetlands or Therapeutic Landscape Area without constructing boardwalks in the 35' Buffer Zone. These areas are currently occupied by berms; boardwalks are an improvement over existing conditions. Accessible boardwalk over restored wetlands at north end of pond 880 -- -- Square FeetThere is no way to provide an accessible walking trail around the pond without paths within the 35' Buffer Zone.Total Pervious Boardwalk Within Therapeutic Landscape Area4,570 -- -- Square FeetTotal Therapeutic Landscape Area Impacts16,124 5,797 10,752 Square Feet0.37 0.13 0.25 AcresTally of Buffer Zone Impacts from Hardened and/or Potentially Impervious Surfaces within the Proposed Therapeutic Landscape Area: Bayview Bogs Wetland Restoration PROJ. No.:DATE:SCALE: DATUM: VERT.: HORZ.: VERT.: HORZ.: MS VIEW: LAYER STATE: File: J:\DWG\P2024\0208\A10\Civil\Plan\20240208A10_STP01.dwg Layout: CS-101 Plotted: 2025-11-25 1:46 PM Saved: 2025-11-25 1:27 PM User: Allyson.Fairweather SEAL PC3: AUTOCAD PDF (GENERAL DOCUMENTATION).PC3 STB/CTB: FO.STB GRAPHIC SCALE 0 1" = 30' 30'15'60' - NAD83 MA NAVD88 DATENo.DESCRIPTION DESIGNER REVIEWER CS-10120240208.A10DECEMBER 1, 2025CAPE COD CONSERVATION DISTRICT THERAPEUTIC LANDSCAPE AREA LAYOUT & GRADING PLAN BAYVIEW BOGS WETLAND RESTORATION YARMOUTH MASSACHUSETTSDRAFT - NOT FOR CONSTRUCTION1550 MAIN STREET, SUITE 400 SPRINGFIELD, MA 01103 413.452.0445 www.fando.com 4,091.25 sf1,477.03 sf281.82 sf1,686.82 sf46.76 sf149.64 sf83.63 sf479.29 sf2,064.3 sf465.09 sf536.01 sf146.01 sf1,312.95 sf156.51 sf670.72 sf16.28 sf412.17 sf186.32 sf199.28 sf169.78 sf476.29 sf12 sf8.74 sf7.4 sf165.7 sf162.51 sf801.84 sf1,052.31 sf193.04 sf101.59 sf82.59 sf495.8 sf321.7 sf2,975.99 sf630.84 sf207.26 sf45.16 sf694.9 sf794.65 sf732.9 sf3,018.44 sf338.15 sf38.87 sf · · “' PROJ. No.:DATE:SCALE: DATUM: VERT.: HORZ.: VERT.: HORZ.: MS VIEW: LAYER STATE: File: J:\DWG\P2024\0208\A10\Civil\Plan\20240208A10_GRD01.dwg Layout: CG-101 Plotted: 2025-11-25 1:45 PM Saved: 2025-11-25 12:57 PM User: Allyson.Fairweather SEAL PC3: AUTOCAD PDF (GENERAL DOCUMENTATION).PC3 STB/CTB: FO.STB GRAPHIC SCALE 0 1" = 100' 100'50'200' NAD83 MA NAVD88 DATENo.DESCRIPTION DESIGNER REVIEWER CG-10120240208.A10DECEMBER 1, 2025CAPE COD CONSERVATION DISTRICT RESTORATION DESIGN & GRADING PLAN (1 OF 2 BAYVIEW BOGS WETLAND RESTORATION YARMOUTH MASSACHUSETTSDRAFT - NOT FOR CONSTRUCTION1550 MAIN STREET, SUITE 400 SPRINGFIELD, MA 01103 413.452.0445 www.fando.com 731.16 sf601.72 sf1,061.43 sfcaptured inmeasurements onsheet CS-1011,406.99 sf880.21 sf 1550 Main Street, Suite 400 Springfield, MA 01103 413.452.0445 www.fando.com Reference Photos – Installed Boardwalks at Windswept Bogs Wetland Restoration, Nantucket, MA 1550 Main Street, Suite 400 Springfield, MA 01103 413.452.0445 www.fando.com 1550 Main Street, Suite 400 Springfield, MA 01103 413.452.0445 www.fando.com PROJ. No.:DATE:SCALE: DATUM: VERT.: HORZ.: VERT.: HORZ.: MS VIEW: LAYER STATE: File: \\private\DFS\CadProj\DWG\P2024\0208\A10\Civil\Plan\20240208A10_DET01.dwg Layout: CD-502 Plotted: 2025-11-25 1:48 PM Saved: 2025-11-25 1:32 PM User: Allyson.Fairweather SEAL PC3: AUTOCAD PDF (GENERAL DOCUMENTATION).PC3 STB/CTB: FO.STB NOT TO SCALE - - DATENo.DESCRIPTION DESIGNER REVIEWER CD-50220240208.A10DECEMBER 1, 2025CAPE COD CONSERVATION DISTRICT RESTORATION DETAILS BAYVIEW BOGS WETLAND RESTORATION YARMOUTH MASSACHUSETTSDRAFT - NOT FOR CONSTRUCTION1550 MAIN STREET, SUITE 400 SPRINGFIELD, MA 01103 413.452.0445 www.fando.com 12/04/25 PROJ. No.:DATE:SCALE: DATUM: VERT.: HORZ.: VERT.: HORZ.: MS VIEW: LAYER STATE: File: J:\DWG\P2024\0208\A10\Civil\Plan\20240208A10_DET01.dwg Layout: CD-506 Plotted: 2025-12-03 6:00 PM Saved: 2025-12-03 5:49 PM User: Allyson.Fairweather SEAL PC3: AUTOCAD PDF (GENERAL DOCUMENTATION).PC3 STB/CTB: FO.STB NOT TO SCALE - - DATENo.DESCRIPTION DESIGNER REVIEWER 1 12/03/2025 BOARDWALK CROSSING AT TIDAL CREEK AF JB/AB CD-50620240208.A10DECEMBER 1, 2025CAPE COD CONSERVATION DISTRICT RESTORATION DETAILS BAYVIEW BOGS WETLAND RESTORATION YARMOUTH MASSACHUSETTSDRAFT - NOT FOR CONSTRUCTION1550 MAIN STREET, SUITE 400 SPRINGFIELD, MA 01103 413.452.0445 www.fando.com 12/04/25