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HomeMy WebLinkAboutNarrativeNotice of Intent 361 Great Island Road West Yarmouth, MA 02673 PROJECT DESCRIPTION 1.0 INTRODUCTION The proposed project at 361 Great Island Road in West Yarmouth, MA (the Site) consists of a raze and replace of an existing single-family home (the Project). This application is being submitted in accordance with the Town of Yarmouth Wetlands Protection Bylaw (the Yarmouth Bylaw) and Massachusetts Wetlands Protection Act and associated regulations (the WPA). 2.0 SITE DESCRIPTION The property located at 361 Great Island Road in West Yarmouth contains a single-family home located within a residential community. The property is bordered by single-family homes to the east, west, and south with Sweetheart Creek located to the north. Sweetheart creek is a tidal estuary that connects to Lewis Bay to the west. The jurisdictional wetland resource areas that are located on Site and are protected under the Yarmouth Bylaw and the WPA include: • Coastal Bank • Land Containing Shellfish • Land Subject to Coastal Storm Flowage (LSCSF) FEMA Flood Zone AE elevation 11 and VE elevation 13 • Land Under Ocean • Salt Marsh 3.0 PROPOSED ACTIVITIES The purpose of this application is to authorize the following proposed activities: Raze and Replace a Single-Family Home: The proposed project at the site consists of a raze and replacement of the existing single-family house. The existing and proposed houses are located entirely within the 100 foot buffer zone to top of coastal bank and the entire Site is located within the flood zone. The proposed home is slightly smaller than the existing home and located in almost the same footprint. However, the proposed house will be relocated a few feet to the northwest in order to get the structure outside of the velocity flood zone. This shift puts the closest point of the structure 1 foot closer to the top of coastal bank, but that is only for the stairs off the elevated deck. The existing home is 3,064 sf and the proposed home is 3,031 sf for a 33 sf reduction in structure. Therefore, we have a reduction of impacts within Land Subject to Coastal Storm Flowage, the 0’-100’ buffer zone to top of coastal bank, and the 0’-100’ buffer zone to salt marsh. Impacts between the 0-50 and 50-100 have both been reduced. The existing shell driveway will be reconfigured but will remain pervious and approximately the same size. The existing septic system will remain in place and will be protected by the contractor during the duration of the project. Construction Sequencing: The proposed project activities will follow a typical construction timeline involving the installation of sediment controls along the limit of work, site preparation, establishing staging areas, demolition, and construction, and then final site stabilization with loaming and seeding of all disturbed areas. Typical construction equipment will be utilized for this project. 4.0 PERFORMANCE STANDARDS The Massachusetts Wetlands Protection Act (WPA) contains performance standards for work on a Coastal Bank 310 CMR 10.30 Coastal Bank: WHEN A COASTAL BANK IS DETERMINED TO BE SIGNIFICANT TO STORM DAMAGE PREVENTION OR FLOOD CONTROL BECAUSE IT SUPPLIES SEDIMENT TO COASTAL BEACHES, COASTAL DUNES OR BARRIER BEACHES, 310 CMR 10.30(3) THROUGH (5) SHALL APPLY: (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: Notice of Intent 361 Great Island Road West Yarmouth, MA 02673 The proposed project does not involve the construction of a coastal engineering structure. As such, this performance standard does not apply. However, the original house on this property pre-dates this regulation (built prior to August 10, 1978) and as such would be eligible for a CES in the future. (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 proposed project is a raze and replace of an existing home. The proposed new home will be fully compliant with all current building standards for structures in a flood zone. As such, the project will not have any effect due to wave action on the movement of sediment from the coastal bank to coastal beaches or land subject to tidal action. (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. The original house on this property pre-dates this regulation and as such would be eligible for a CES in the future as noted in (3) above. WHEN A COASTAL BANK IS DETERMINED TO BE SIGNIFICANT TO STORM DAMAGE PREVENTION OR FLOOD CONTROL BECAUSE IT IS A VERTICAL BUFFER TO STORM WATERS, 310 CMR 10.30(6) THROUGH (8) SHALL APPLY: (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 proposed project will not have an impact on the stability of the coastal bank on Site. The project is to raze and replace the existing single-family home. The footprint is not increasing and no new impacts to coastal bank are proposed. (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. The proposed project does not involve any coastal engineering structures so this performance standard does not apply. (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. The proposed project is not located within specified habitat or rare vertebrate or invertebrate species so this performance standard does not apply. The Town of Yarmouth Wetlands Bylaw Regulations contains performance standards for work on a Coastal Bank, within 100’ of Salt Marsh, and within Land Subject to Coastal Storm Flowage. A discussion of how the proposed project meets these performance standards is presented below. Town of Yarmouth Wetland Protection Regulations Part 4. Regulations for Coastal Wetlands 4.05 Coastal Banks: (3) Performance Standards: Any activity that is allowed on a coastal bank shall comply with the following provisions: (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: Notice of Intent 361 Great Island Road West Yarmouth, MA 02673 i. Coastal engineering structures or modifications thereto shall be designed and constructed so as to minimize, using best available measures, adverse effects on adjacent or nearby coastal beaches due to changes in wave action; ii. The applicant demonstrates that no method of protecting the building other than the proposed coastal engineering structure is feasible; iii. Protective planting designed to reduce erosion may be permitted; and iv. The applicant provides sufficient evidence that the building was constructed pursuant to a Notice of Intent prior filed before August 10, 1978. The proposed project does not involve a new bulkhead, revetment, seawall, groin, or other coastal engineering structure on a coastal bank. As such, this performance standard does not apply to the proposed project. However, this property predates August 10, 1978. (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 proposed project will not have an adverse effect due to wave action on the movement of sediment from the coastal bank to coastal beach or land subject to tidal action or flooding and will not have an adverse effect on the stability of the coastal bank. The project has been designed to meet current codes for building in a flood zone to ensure compliance with these regulations. Town of Yarmouth Wetland Protection Regulations Part 4. Regulations for Coastal Wetlands 4.06 Salt Marshes: (3) Performance Standards: Any activity that is allowed on a salt marsh shall comply with the following provisions: (a) A proposed project in a salt marsh, on land within 100 feet from a salt marsh, or in a body of water adjacent to a salt marsh shall not destroy any portion of the salt marsh and shall not have an adverse effect on the productivity of the salt marsh. Alterations in growth, distribution and composition of salt marsh vegetation shall be considered in evaluating adverse effects on productivity. The proposed project is located within 100’ of a salt marsh. However, no impacts to salt marsh are anticipated from the proposed project. The limit of work will be delineated with a line of sediment controls that is landward of the salt marsh. (b) Notwithstanding the provisions of section 4.06, (3), (a), a small project within a salt marsh, such as an elevated walkway or other structure which has no adverse effects other than blocking sunlight from the underlying vegetation for a portion of each day, may be permitted if such a project complies with all other applicable requirements of these regulations. The proposed project does not involve work within a salt marsh. As such, this performance standard does not apply. (c) Notwithstanding the provisions of section 4.06, (3), (a), a project which will restore or rehabilitate may be permitted; provided, however, that this section shall not be construed to allow the alteration of one salt marsh on a given site by or contingent upon the creation or restoration of another. The proposed project does not involve restoration or rehabilitation of a salt marsh, so this performance standard does not apply. Town of Yarmouth Wetland Protection Regulations Part 4. Regulations for Coastal Wetlands 4.10 Land Subject to Coastal Storm Flowage: (3) Performance Standards: When the Commission determines that Land subject to coastal storm flowage overlays other Resource areas, the applicable performance standards for each Resource area shall be independently and collectively applied and the project shall be appropriately conditioned to protect all stated Resource area values. (a) General Performance Standards Notice of Intent 361 Great Island Road West Yarmouth, MA 02673 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; i. reducing the ability of the land to buffer more inland areas from flooding and wave damage; ii. increasing the elevation or velocity of flood waters, or by redirecting or increasing flows or causing channelization, in each case at the project site, adjacent or nearby properties, or any public or private way. iii. displacing or diverting flood waters to other properties or resource areas. Fences and privacy walls, including walls separating one property from another, may obstruct or divert flood flow and waves toward buildings and protected areas. Solid fences (stockade and similar) must be constructed with 6 inches of clearance below to allow the passage of floodwaters and wildlife; iv. causing, or creating the likelihood of, damage to other structures on land within the flood plain as debris (collateral damage); v. causing ground, surface or saltate pollution triggered by coastal storm flowage; vi. reducing the ability of the resource to serve as a wildlife habitat and migration corridor through activities such as, but not limited to the removal of substantial vegetative cover and/or installation of fencing and other structures which prevent wildlife migration across property. vii. prevention of the migration of resource areas such as salt marshes due to sea level rise. viii. If flood control and storm damage protection functions have already been impaired, redevelopment must improve existing conditions by reducing impervious surfaces, restoring flood control and storm damage protection functions, installing native plantings, or by restoring or creating other wetland resource areas. Where a previously developed coastal Resource Area has not been regulated under the applicable performance standards to protect the interests of flood control and storm damage prevention, the proposed work shall restore those interests. And shall meet the following requirements; ix. Existing septic system and cesspool repairs will be allowed provided they meet all Title 5 and local Board of Health thresholds. x. All groundwater elevations shall incorporate seasonable adjustments if test holes and or leaching components are 100 feet or closer from major estuaries. xi. Any proposed deck, shed, or other similar structure must be securely anchored to a footing or foundation. xii. Any activity shall preserve existing soils, vegetation, and other natural conditions that serve as buffers to coastal flooding and storm surges. The proposed project is a raze and replace of an existing single-family home. The house is being slightly relocated just outside of the LiMoWA and the V Zone. No impervious surfaces are proposed within the LIMoWA or V Zones. Other than shifting the house away from the V Zone, the footprint of the replacement house will be approximately the same. The proposed project does not involve bringing in fill. All performance standards listed above in 4.10 (3) (a) will be abided by. (b) Additional Performance Standards within the V Zone Within the V Zone, in addition to the general performance standards set forth in Section 4.10, (3)(a), the following additional performance standards shall apply: i. No new construction or footprint expansion of any building or other structure, road, impervious surface, or septic system shall be permitted. ii. No new construction or expansion of any structure that redirects or channelizes floods including retaining walls, fences, and sea walls shall be permitted. iii. With respect to any building or other structure, in the event of any substantial repair of the foundation, any substantial improvement (as defined in the state building code), the entire building or structure shall be elevated at least two (2) feet above the BFE. iv. The use of fill is prohibited except for bank, dune, or beach nourishment/restoration The proposed project does not involve any structures within the VE Zone. There will be some minor driveway alterations within the VE zone but the driveway is pervious (shells), so there will not be expansion or increase of impervious surface within the VE zone. (c) Additional Performance Standards within the MoWA Within the MoWA, in addition to the general performance standards set forth in Section 4.10 (3)(a), the following additional performance standards shall apply: Notice of Intent 361 Great Island Road West Yarmouth, MA 02673 i. The new construction and footprint expansion of any building or other structure, road, impervious surface, or septic system shall be permitted, subject to the other provisions of the Bylaw and Regulations, provided that any building or occupied structure shall be elevated at least two (2) feet above the BFE. ii. No new construction or expansion of any structure that redirects or channelizes floods including retaining walls, fences, and sea walls shall be permitted. iii. With respect to any building or other structure, in the event of any substantial repair of the foundation, any substantial improvement, the entire building or structure shall be elevated at least two (2) feet above the BFE. The only proposed work within the Limits of Moderate Wave Action are driveway reconfiguration. The driveway is pervious (shells), so no expansion of impervious surface within the LiMoWA. There will be no new structures within the LiMoWA. As such, this performance standard is complied with. Town of Yarmouth Wetland Protection Regulations Part 4. Regulations for Coastal Wetlands 4.11 Coastal Watershed Areas: (3) Performance Standards: In order to properly protect our Coastal Watershed Areas, no project will be allowed that incorporates any of the practices referenced in section 4.11(1)(b) i through vi. The proposed project does not incorporate any of the practices referenced in Section 4.11(1)(b) i through vi. As such, the project complies with this performance standard. 5.0 MITIGATION A line of staked straw wattles and/or silt fence will be installed at the limit of work prior to the start of project activities. These controls will remain in place and in operational condition until final site stabilization is complete. All construction materials will be staged as far from resource areas as possible in the front yard/ driveway. All debris from construction activities will be contained within appropriate receptacles and/or immediately removed from the Site. Upon completion of construction all disturbed areas will be loamed and seeded for stabilization. 70°14'0"W 70°14'0"W 41°38'0"N41°38'0"NDocument Path: P:\5048500\Environmental\GIS\Output\Maps\MXD\ReportMaps\8.5x11_Portrait_Locus.mxdDate Saved: 11/20/2025 8:56:27 AM THIS DOCUMENT IS INTENDED FOR GENERAL PLANNING & INFORMATION PURPOSES ONLY. ALL MEASUREMENTS & LOCATIONS ARE APPROXIMATE Scale:361 GREAT ISLAND ROADWEST YARMOUTH, 02673 USGS Site Locus Map(Page size: 8.5 X 11) 1 inch = 625 feet 0 340 680 Feet H 1:7,500 ,PROJECTLOCATION Service LayerCredits: Copyright:©2013 NationalGeographic Society,i-cubed USGS The National Map: Orthoimagery. Data refreshed October, 2020. National Flood Hazard Layer FIRMette 0 500 1,000 1,500 2,000250 Feet Ü SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT SPECIAL FLOOD HAZARD AREAS Without Base Flood Elevation (BFE) Zone A, V, A99 With BFE or DepthZone AE, AO, AH, VE, AR Regulatory Floodway 0.2% Annual Chance Flood Hazard, Areas of 1% annual chance flood with average depth less than one foot or with drainage areas of less than one square mileZone X Future Conditions 1% Annual Chance Flood HazardZone X Area with Reduced Flood Risk due to Levee. See Notes.Zone X Area with Flood Risk due to LeveeZone D NO SCREEN Area of Minimal Flood Hazard Zone X Area of Undetermined Flood HazardZone D Channel, Culvert, or Storm Sewer Levee, Dike, or Floodwall Cross Sections with 1% Annual Chance 17.5 Water Surface Elevation Coastal Transect Coastal Transect Baseline Profile Baseline Hydrographic Feature Base Flood Elevation Line (BFE) Effective LOMRs Limit of Study Jurisdiction Boundary Digital Data Available No Digital Data Available Unmapped This map complies with FEMA's standards for the use of digital flood maps if it is not void as described below. The basemap shown complies with FEMA's basemap accuracy standards The flood hazard information is derived directly from the authoritative NFHL web services provided by FEMA. This map was exported on 11/24/2020 at 6:49 AM and does not reflect changes or amendments subsequent to this date and time. The NFHL and effective information may change or become superseded by new data over time. This map image is void if the one or more of the following map elements do not appear: basemap imagery, flood zone labels, legend, scale bar, map creation date, community identifiers, FIRM panel number, and FIRM effective date. Map images for unmapped and unmodernized areas cannot be used for regulatory purposes. Legend OTHER AREAS OF FLOOD HAZARD OTHER AREAS GENERAL STRUCTURES OTHER FEATURES MAP PANELS 8 B 20.2 The pin displayed on the map is an approximate point selected by the user and does not represent an authoritative property location. 1:6,000 70°14'39"W 41°38'7"N 70°14'2"W 41°37'40"N YARMOUTH 361 GREAT ISLAND ROADWEST YARMOUTH 02673 THIS DOCUMENT IS INTENDED FOR GENERAL PLANNING & INFORMATION PURPOSES ONLY. ALL MEASUREMENTS & LOCATIONS ARE APPROXIMATE NHESP Map H File Loc ation : P:\50 4850 0\Enviro nmental\GIS\Output\Map s\MX D\Re portMaps \8 .5 x11_Portra it_NHES P.mxdDate Sa ved : 11/20/202 5 9:05:34 AM 0 20 40 Feet 1 inch = 42 feet Resource Areas Reviewed:NHESP Certified Vernal Pools; PotentialVernal Pools; NHESP Priority Habitats;NHESP Estimated Habitats; NHESPRestricted Data; Areas of CriticalEnvironmental Concern; MassDEPEelgrass Mapping Project; CZM ShellfishSuitability Areas; DMF DesignatedShelfish Growing Areas Scale:,PROJECTLOCATION LegendTown Boundary 1:500 Notice of Intent: Raze & Replace Single-Family Home 361 Great Island Road West Yarmouth, MA 02673 11/25/2025 Photo Page 1 Photo #1: View of the front of existing single-family home at 361 Great Island Road. Facing northwest Photo #2: View of the back of existing single-family home at 361 Great Island Road. Facing southwest 11/21/25, 2:24 PM about:blank about:blank 1/1