HomeMy WebLinkAboutNarrative 1.21.2026NOTICE OF INTENT APPLICATION 26 GRANDVIEW DR, YARMOUTH
TABLE OF CONTENTS
1.0 Overview ................................................................................................................................................ 2
1.1 Introduction ......................................................................................................................................... 2
1.2 Applicable Regulations ....................................................................................................................... 2
2.0 Background ........................................................................................................................................... 2
2.1 Existing Conditions ............................................................................................................................. 2
2.2 Property History .................................................................................................................................. 2
2.3 Site Resources ................................................................................................................................... 2
3.0 Proposed Project .................................................................................................................................. 3
3.1 Scope of Work .................................................................................................................................... 3
3.2 Construction Methodology .................................................................................................................. 3
3.3 Anticipated Impacts ............................................................................................................................ 3
4.0 Minimization and Mitigating Measures ............................................................................................... 4
4.1 Minimization Measures ....................................................................................................................... 4
4.2 Mitigating Measures ............................................................................................................................ 4
5.0 Applicable Performance Standards .................................................................................................... 4
5.1 Buffer Zone & Buffer Strip................................................................................................................... 4
5.2 Coastal Beach .................................................................................................................................... 4
5.3 Land Subject to Coastal Storm Flowage (LSCSF) ............................................................................. 5
5.4 Riverfront Area .................................................................................................................................... 5
6.0 Summary ................................................................................................................................................ 6
6.1 Performance Standard Metrics ........................................................................................................... 6
6.2 Request for Order of Conditions ......................................................................................................... 7
6.3 Contact Information ............................................................................................................................ 7
7.0 Figures .................................................................................................................................................. 8
Figure 1 – USGS Topo Map ..................................................................................................................... 8
Figure 2 –ACEC & NHESP Map ............................................................................................................... 9
Figure 3 –Aerial View & Critical Areas .................................................................................................... 10
8.0 Appendix ............................................................................................................................................. 11
Appendix A – Abutter Affidavit of Service ............................................................................................... 11
Appendix B – Abutter Notification ........................................................................................................... 12
Appendix C – Certified Abutters List & Map ........................................................................................... 13
Appendix D – Site Photographs.............................................................................................................. 15
Appendix E – Project Drawings (attached) ............................................................................................. 16
NOTICE OF INTENT APPLICATION 26 GRANDVIEW DR., YARMOUTH
Project Narrative Page 2
1.0 OVERVIEW
1.1 Introduction
Cape and Islands Engineering, Inc. submit this Notice of Intent (NOI) Application, on behalf of the
applicant and owner, Zach Barber of Harbour Haven Association, Inc., who proposes to construct
drainage improvements and provide approximately 270 cubic yard (cy) of sand nourishment including
the creation of a berm to address the flooding and erosion concerns at 26 Grandview Drive.
The property is located along the western shores Bass River and the proposed work will fall within of
Land Subject to Coastal Storm Flowage (LSCSF), Coastal Beach, Riverfront Area, and within 100-feet
of jurisdictional wetland resource areas.
1.2 Applicable Regulations
This application has been filed in accordance with the Massachusetts Wetlands Protection Act,
(MWPA, M.G.L. Chapter 131, Section 40) and its implementing regulations (310 CMR 10.00), the
Yarmouth Wetlands Protection Bylaw (Chapter 143) and implementing regulations.
2.0 BACKGROUND
2.1 Existing Conditions
The project site at 26 Grandview Drive Yarmouth, is a private residentially zoned undeveloped beach
lot with frontage of Bass River to the east. The 11,034 square foot (sf) lot contains a small paved
parking lot with a sewer drain, maintained beach, and small areas of natural vegetation. The site is
generally flat to slightly sloping towards the shoreline.
The site experiences flooding and poor drainage along the western portion of the lot that flood the
road along Grandview Drive. The existing installed drainage system handles most rainfall events
however if the capacity of that system get overwhelmed, ponding of stormwater eventually overflows
onto and washes out the existing beach lot. Developed residential properties border the site to the
north, west, and south.
2.2 Property History
The lot has been on record with the Town Assessors since 1966 and registered at the Barnstable
Registry of Deeds under Document #107951. No known environmental permits have been issued for
the property.
2.3 Site Resources
Jurisdictional resources areas were delineated and located by an on the ground instrument survey and
shown on the project plans. The resource areas identified on or within 100-feet of the property include
Coastal Beach, Land Under the Ocean, Land Containing Shellfish, Banks of or Land under the Rivers
that Underlie Anadromous/Catadromous ("Fish Run"), Land Subject to Tidal Action, Land Subject to
Coastal Storm Flowage (LSCSF), and Riverfront Area. Refer to Section 5.0 for the analysis of
performance standards associated with directly impacted resource area.
According to the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM)
Community Panel #25001C0591J, effective date of July 16, 2014, the property is located within the
100-year floodplain defined by FEMA Flood Zone AE (EL. 11) and AE (EL. 12).
NOTICE OF INTENT APPLICATION 26 GRANDVIEW DR., YARMOUTH
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The Massachusetts Natural Heritage and Endangered Species Program (NHESP) Atlas (15th edition,
August 1, 2021) and MassGIS online were consulted, and the project site is not located within the
Pleasant Bay Area of Critical Environmental Concern (ACEC) nor within NHESP mapped habitats.
There are no vernal pools within 100 feet of the site.
3.0 PROPOSED PROJECT
3.1 Scope of Work
The applicant has designed a re-nourishment and berm with overflow conveyance plan to protect the
area from flooding, erosion, and other damage associated with major storm events. This work will be
carried out across about 7,300 square feet (sf) of the beach lot that has repeatedly eroded over the
years. The design proposes to re-nourish this area with approximately 270 cy of compatible sand
including the construction of a six-foot wide earthen and vegetated berm along the parking lot with a
four-foot high sand fence. The berm and nourishment will be considered as a first phase for the project
and will be monitored and inspected after storm events.
A concrete weir overflow structure is to be installed at the south-easterly edge of the parking lot. The
weir structure will allow a certain level of ponding to occur in the parking lot, then when needed will
safely outlet additional runoff into a six-foot wide vegetated conveyance swale. The swale will allow
excess runoff to infiltrate and convey away from the parking area and ultimately toward Bass River.
3.2 Construction Methodology
Prior to the start of construction, the Order of Conditions (OOC) and MA Department of Environmental
Protection (MA DEP) / Falmouth Conservation Commission File Number will be posted at the site, and
the area will be staged for construction. The project has been designed to incorporate construction
methodologies and measures that will result in an overall benefit to the resource areas.
Access to the work areas will be from Grandview Drive and equipment will be stored away from
resource areas to the greatest possible extent. Similar to previous beach nourishment work, sand will
be acquired from an upland source and delivered to the site parking lot via 10 or 20 yard dump trucks.
The beach nourishment sand will be loaded into a front-end loader in the parking lot, and spread to the
elevations as shown on the design plan.
Common borrow fill will be imported to create the earthen berm along the parking lot edge. The berm
will be shaped and graded per the site plan and will be loamed, seeded and planted. All work will be
carried out above mean high water and within the limit-of-work as delineated on the planting plan.
The Coastal Beach is not significant to the interest under the WPA and the project aims to enhance
the area ability to redirect flood waters and prevent damage associated with storm surges. The
proposed project will enhance the beach and provide sediment to the existing beach system. The
swale will allow for improved drainage flow if the existing underground infiltration system gets
overwhelmed and the sand nourishment and berm will further protect against flooding and prevent the
erosion of the beach. The work was designed to protect the interests of the Wetlands Protection Act.
3.3 Anticipated Impacts
Work will take place within Coastal Beach, LSCSF, and within 100 feet of jurisdictional wetland
resources. No adverse impacts to resource areas will occur as a part of the project. Rather, the project
serves to restore eroded portions of the bank and enhance resource areas to better protect against
tidal action and storm surges. All impacts will be temporary within previously maintained and legally
altered areas.
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4.0 MINIMIZATION AND MITIGATING MEASURES
4.1 Minimization Measures
Best Management Practices have been included in the plan notes in order to avoid and minimize
impacts to resource areas. Prior to the commencement of any project activities, the work limits and the
mean high-water line will be identified to avoid placement of material or equipment below the mean
high tide line.
During the work, the site will be kept clean and disturbance to adjacent areas will be avoided or
minimized to the maximum extent practicable. All ground disturbances will be kept to the minimum
necessary to complete the construction and installation(s). Disturbed areas will be stabilized to prevent
erosion. Equipment will not be allowed to work in the water or below the mean high tide line. Any
temporary disturbances will be restored to preconstruction conditions after work is complete. Upon
completion of construction and site stabilization, the sediment and erosion controls will be removed
and properly disposed.
4.2 Mitigating Measures
No mitigation is proposed as a part of this project, however native coastal plantings are proposed to
stabilize the swale outfall. Native plantings and details can be found on the attached plans. This
proposal includes improvements to the residential property related to storm damage prevention, flood
control, and erosion control.
5.0 APPLICABLE PERFORMANCE STANDARDS
The following is a discussion of how the proposed project meets the MA WPA and Town of Yarmouth
Wetland Protection Regulations (YWPR) performance standards for each resource area impacted as a
result of the project activities.
5.1 Buffer Zone & Buffer Strip
Definitions and performance standards for buffer zones are defined locally in YWPR Part 6. The area
referred to as “Buffer Zone” extends 100-feet landward of the Coastal Beach resource boundary. All of
the proposed work falls directly within resource areas and no adverse effects are expected to the
buffer zone or adjacent properties.
Construction equipment and crews will traverse the buffer zone along existing paved road and parking
lot to perform the work. The 50-foot Buffer Zone will be preserved under current conditions. There will
be no increase in impervious surfaces and therefore no mitigation is required. The swale will be
constructed of loam, seed and plantings and is intended to be semi-permeable with native plantings to
direct flood waters back towards Bass River. There will be no cutting of vegetation and all the trees on
the site will be preserved. The proposed project activities will not have an adverse effect on the
resource area buffer zone or buffer strip.
5.2 Coastal Beach
Definitions and performance standards for Coastal Beach are set forth in 310 CMR 10.27 and YWPR
4.02. The majority of the lot is considered Coastal Beach and generally not significant to the interests
protected under the WPA and local regulations. The small, maintained beach lot is located within a
developed neighborhood and serves as beach access for private local association residents and is not
significant wildlife or bird nesting habitat. Current flooding issues suggest the area is not significant to
storm damage prevention or flood control, rather contributing to it. The Coastal Beach does not supply
sediment to dunes or other beaches and the area sees a greater loss of sand than replenishment. The
NOTICE OF INTENT APPLICATION 26 GRANDVIEW DR., YARMOUTH
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lot is not significant shellfish habitat above MHW according to Shellfish Suitability Areas on
MassMapper.
Work within Coastal Beach includes adding 270 cy of sand nourishment that will be used to re-nourish
the beach and create the sacrificial berm. The nourishment, of compatible grain size, will be imported
from an approved off-site local source. Nourishment material grain size shall be reviewed by the
Engineer and Conservation department prior to plavement. Best management practices will be
implemented to avoid adverse impacts, and no work will be done below mean high water.
The implementation of sand nourishment and swales will avoid the existing patches of natural
vegetation and the tree near the parking lot will be preserved. The proposed work will not remove
substrate, rather replenish it for increased storm damage prevention and flood resilience in
congruence with the interests of the WPA. The work will not interfere with the natural movement of the
beach of downward drift of sediment.
The proposed work will not adversely impact water circulation, distribution of sediment, or water
quality. Any temporary disturbances to Coastal Beach will be restored by raking the beach and
removing any rutting caused by equipment. The proposed project activities will not induce any
impairment of the Coast Beach functional characteristics of Coastal Beach.
5.3 Land Subject to Coastal Storm Flowage (LSCSF)
Definitions and performance standards for work within LSCSF is defined locally in YWPR 4.10. The
entire property is located within LSCSF as mapped by FEMA Flood Zones AE (E.L. 11) and AE (EL.
12). All of the proposed work will occur within LSCSF. All of the proposed work falls within LSCSF
across approximately 8,378 square feet. The work does not fall within the FEMA Flood Zone V.
The project area is not located along the eroding shoreline, according to the Massachusetts CZM
Shoreline Change Analysis Project mapping tool. The proposed work within the LSCSF area has been
designed not to: reduce the ability of the land to absorb and contain waters, reduce the ability of the
land to buffer against flooding and wave damage, damage other structures, pollute waters, reduce the
area’s ability to provider for wildlife, increase the elevation of velocity of flood waters, or prevent the
migration of resource areas due to sea level rise beyond existing conditions.
Rather, the addition of beach nourishment is meant to restore the area to conditions prior to over wash
and erosion and improve overall flood resilience. The area is prone to flooding along the western
portion of the lot near the parking lot as well as surrounding properties and there is no effective
drainage. The proposed overflow swale would divert flood waters AWAY from buildings and protected
areas and back towards Bass River. The work would provide storm damage protection for the parcel
and abutting developed properties while also installing native plantings. The small, maintained beach
lot is not a significant wildlife habitat or migration corridor within the fully developed neighborhood.
The work shall generally preserve and enhance natural conditions. The proposed work will not
otherwise impair the function of the resource areas or result in interruptions to the flow characteristics
of flood waters.
5.4 Riverfront Area
Performance standards for work related within 200-feet of a river or stream is defined in 310 CMR
10.58. The proposed sand nourishment and swale construction work is significant to the storm
damage prevention and flood control for this lot and surrounding developed properties. The
maintenance is critical to the safety of the property and protection to nearby wetland resources. The
area is experiencing flooding, poor drainage, and a continuous loss of sediment without replacement.
The proposed scope has been assessed as the preferred alternative to address the issues at hand
while protection the interested of the WPA.
NOTICE OF INTENT APPLICATION 26 GRANDVIEW DR., YARMOUTH
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The following alternatives were assessed:
• No Action: A No Action alternative would leave existing conditions unchanged and avoid
short-term construction disturbance; however, it does not address ongoing stormwater
management deficiencies or active beach erosion. Uncontrolled surface runoff would continue
during storm events, contributing to flooding issues and sediment loss, ultimately allowing
erosive conditions to persist along the shoreline.
This alternative provides no improvement in flood resiliency and increases the likelihood of
future stabilization efforts that could result in greater impacts to coastal resource areas. Over
time, continued erosion and unmanaged runoff may adversely affect sediment distribution and
exacerbate flood-related damage, making this alternative inconsistent with the project purpose
and less protective of Riverfront Area functions.
• Additional Subsurface Drainage Infrastructure: The site has an existing subsurface
drainage system that appears to function well. Water does drain down during storm events
however the system can be overwhelmed in flash flooding scenarios. This type of system is
also prone to clogging and or failure in areas where sand and silt may be able to get into the
system. This coastal area subject to wind blown sand a silt, is one of those difficult to manage
areas. Proposing additional subsurface structures is a very costly option that could be prone to
failure, and still may not be able to handle a flash flood type event. This alternative does not
offer the same sediment management or erosion control benefits as the preferred surface-
based approach.
• Nourishment & Improved Drainage (Preferred Alternative): The proposed design is the
preferred option as it provides an effective and economical solution to improve stormwater
management while enhancing beach stability. Targeted beach nourishment increases
sediment volume within the active coastal system, while the rip rap–lined surface drainage
system safely conveys stormwater during peak events, reducing runoff and
erosion/sedimentation events.
This alternative improves flood resiliency by providing a practical emergency overflow pathway
that remains functional in a sandy coastal environment. Construction impacts are limited in
extent and duration, minimizing disturbance on the small lot. The project maintains existing
hydrology, supports natural sediment distribution, and avoids channelization, resulting in no
significant adverse impact to Riverfront Area functions and values.
6.0 SUMMARY
6.1 Performance Standard Metrics
The existing wetland resources and anticipated project impacts have been fully documented within this
Notice of Intent application. Based on the information provided in this application it is asserted that the
following project features would result in a benefit to the associated resource area and will not have an
adverse effect on the subject resource area(s) values and functional characteristics. The project
should be approved for the following reasons:
• The beach nourishment and overflow conveyance project will enhance the area’s ability to protect
against flood and erosion events affecting the neighboring properties.
• Sand nourishment will be of compatible grain size as currently found within the existing adjacent
beach areas and the implementation of coastal plantings will serve as a net improvement to
resource conditions.
NOTICE OF INTENT APPLICATION 26 GRANDVIEW DR., YARMOUTH
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• Alternative solutions were reviewed and the preferred options is believed to be the best solution
that offers the greatest flood protection to the area while having minimal adverse impacts to
resource areas.
The project conforms to the Massachusetts Wetlands Protection Act, (MWPA, M.G.L. Chapter 131,
Section 40) and its implementing regulations (310 CMR 10.00) as well as both the Town of Yarmouth
and Town of Yarmouth Wetlands Protection Bylaw and implementing regulations and will not cause
unacceptable significant or cumulative effect upon the resource area values.
6.2 Request for Order of Conditions
The Applicant has demonstrated and documented evidence that this project meets or exceeds all the
relevant performance standards set forth in the governing regulations and respectfully request this
project be approved and that an Order of Conditions be issued to the applicant through its
representative.
6.3 Contact Information
In an effort to reduce the amount of paper required for filings, the entire application can be emailed
upon request to regulatory staff and commission members. Please contact Cape and Island
Engineering, Inc. at 508.477.7272 or email Kasia Kos at kkos@capeeng.com with questions or to
obtain paper or digital copies of project information.
The Applicants representative:
Mark Dibb, P.E.
Project Engineer
Cape & Islands Engineering, Inc.
800 Falmouth Road, Suite 301C
Mashpee, MA 02649
508.477.7272
mdibb@capeeng.com