HomeMy WebLinkAboutNarrative 1.21.2026NOTICE OF INTENT APPLICATION 22 DRIFTWOOD LANE, 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 ......................................................................................................................................... 4
5.2 Coastal Bank ...................................................................................................................................... 4
5.3 Coastal Watershed Areas ................................................................................................................... 5
5.4 Riverfront Area .................................................................................................................................... 5
6.0 Summary ................................................................................................................................................ 6
6.1 Performance Standard Metrics ........................................................................................................... 6
6.2 Request for Order of Conditions ......................................................................................................... 6
6.3 Contact Information ............................................................................................................................ 6
7.0 Figures .................................................................................................................................................. 7
Figure 1 – USGS Topo Map ..................................................................................................................... 7
Figure 2 –ACEC & NHESP Map ............................................................................................................... 8
Figure 3 –Aerial View & Critical Areas ...................................................................................................... 9
8.0 Appendix ............................................................................................................................................. 10
Appendix A – Abutter Affidavit of Service ............................................................................................... 10
Appendix B – Abutter Notification ........................................................................................................... 11
Appendix C – Certified Abutters List ....................................................................................................... 12
Appendix D – Site Photographs.............................................................................................................. 14
Appendix E – Project Plans (attached separately) ................................................................................. 15
NOTICE OF INTENT APPLICATION 22 DRIFTWOOD LANE., 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
applicants and owners, Richard and Carol Dove, who proposes to reconstruct the deteriorating
existing timber wall measuring approximately 66 linear feet at 22 Driftwood Lane in Yarmouth, MA.
Work will occur within Coastal Bank, Riverfront Area associated with Muddy Creek 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 22 Driftwood Lane in Yarmouth, is a private residentially developed lot with frontage
of Muddy Creek to the north. The 27,777 square foot (sf) lot contains a single-family dwelling with
several decks, a shed, brick walk, paved driveway, the existing timber wall, a stockade fence, and
elevated boardwalk with a float. The land around the developed footprint is generally flat with a steep
slope along the northern extent of the lot. Residential properties border the site to the south, east, and
west.
2.2 Property History
The subject property is a 27,777 square foot developed lot shown on the Town of Barnstable
Assessors as Map 127 Parcel 55. The lot has been recorded in the Barnstable County Registry of
Deeds under Deed reference Book 35896 and Page 302. The property was originally developed with a
single-family residence as of 1975 per the Town Assessors records.
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 Bank, Salt Marsh, Land Subject to Coastal Storm Flowage (LSCSF), and Riverfront Area
associated with Muddy Creek. 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 #25001C0579J, effective date of July 16, 2014, a portion of the property is located
within the 100-year floodplain defined by FEMA Flood Zone AE (EL. 9) (NADV 88).
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.
NOTICE OF INTENT APPLICATION 22 DRIFTWOOD LANE., YARMOUTH
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The project limits are not located within the limits of an Area of Critical Environmental Control (ACEC),
Outstanding Resource Waters, or Zone II or Interim Wellhead Protection Area. The project involves
work on a single-family dwelling and is exempt from Massachusetts Stormwater Standards.
3.0 PROPOSED PROJECT
3.1 Scope of Work
The proposed project includes the replacement of the existing timber wall with a fence. Currently there
are 66 linear feet of existing timber wall located at the property. The height of the existing wall varies,
and the proposed wall will have a top elevation of 22.5 feet to provide stability to the bank. The current
wall has deteriorated and is showing signs of failure. The timber tie wall is rotted out and needs to be
replaced to prevent a collapse. For safety reasons, the fence is proposed at the top of the wall to
prevent people from falling off.
3.2 Construction Methodology
Prior to the start of construction, the Order of Conditions (OOC) and MA Department of Environmental
Protection (MA DEP) / 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 Driftwood Lane and North Dennis Road and equipment will be
stored away from resource areas to the greatest possible extent. All materials will be stockpiled within
the existing disturbed areas of lawn and paved driveway. Efforts will be coordinated to minimize
disturbances to resource areas with a silt fence and straw waddle work limit. All of the work for the wall
replacement will be accessed through the property.
Once the DEP sign and the work limit is installed the project will begin with the removal of the existing
wall in approximately 20’ sections with the proposed wall installed in sections behind it. This is to
prevent exposing a large portion of the bank for too long in case of a significant stormwater event that
may cause erosion or destabilization of the bank. Generally the wall is being constructed in the same
location as the existing except to straighten a bend in the wall. Material will be excavated for the
installation of the dead men which are being installed for wall stability. Once the wall is installed the
iron fence will be installed. The fence will have a 6” gap below the fence to allow the passage of small
animals.
Equipment used for the wall replacement project will include over the road trucks and trailers, tracked
excavator, tracked skid steer, and hand tools such as wheel barrows and shovels. Access to the work
areas will be from the upland with equipment staged landward from the top of the existing wall.
After the wall has been reconstructed and the fence installed, the disturbed areas regraded, stabilized,
and restored to pre-existing conditions. All construction equipment, debris and materials will be
removed from the site and properly disposed of. Finally, a Certificate of Compliance will be requested
upon satisfactory completion of all work.
3.3 Anticipated Impacts
All disturbances will be kept to the minimum necessary to complete the construction and installation(s)
of the various activities within Coastal Bank and Buffer Zone. There will be no permanent disturbance
or clearing of naturally vegetated areas. All proposed work areas are within previous legally altered
areas. No long-term 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
NOTICE OF INTENT APPLICATION 22 DRIFTWOOD LANE., YARMOUTH
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against tidal action. The reconstruction will provide much needed flood resiliency to the property and
should enhance the property’s ability to protect the buffer zone and developed footprint.
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, erosion and
sedimentation controls in the form of straw bales with silt fence backing, coir logs, or biodegradable
barriers shall be installed just seaward of the wall, marking the limit of work.
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 debris will be removed from the site and disposed of
in a suitable upland location. Temporarily disturbed areas will be restored and 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
There is no proposed mitigation planting associated with the wall reconstruction project as there will be
no net increase in impervious surface. 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
Definitions and performance standards for buffer zones are defined locally in YWPR 6.00. The area
referred to as “Buffer Zone” is defined landward of the Coastal Bank. The wall falls along the Coastal
Bank, dipping into the Buffer Zone. The wall reconstruction work does not involve a new structure and
will be replaced in the same footprint. Therefore, no mitigation is proposed.
Construction equipment and crews will traverse the buffer zone along existing paved driveway and
lawn to perform this work. Disturbances by construction of the wall include pavement cutting and
removal, trench excavation, installation of sheet piles, backfill, fine grading, and restoration of finished
surfaces. The proposed project activities will not have an adverse effect on the resource area buffer
zone or buffer strip.
5.2 Coastal Bank
Definitions and performance standards for Coastal Bank are set forth in 310 CMR 10.27 and YWPR
4.05. The Coastal Bank is delineated according to the Massachusetts Wetland Protection- Act (310
CMR 10.30 and Wetlands Protection Program Policy 92-1). The top of the bank falls along the first
significant break in slope landward of the 100-year flood plain. Work will span across about 66-feet of
Coastal Bank.
NOTICE OF INTENT APPLICATION 22 DRIFTWOOD LANE., YARMOUTH
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The work replacement of the existing timber wall and fence installation will not result in changes that
alter the current value of the Coastal Bank as significant to storm damage prevention and flood
control. The reconstruction of the wall will ultimately serve the same functions as the current structure.
The work will not have an adverse effect on wave action or the stability of the bank. Rather the work
will improve the flood prevention and coastal resiliency of the Coastal Bank. The installation of the
fence will prevent foot traffic and erosion along the slope of the Bank. The proposed project activities
will not induce any impairment of the Coastal Bank’s functional characteristics, interests, or values
beyond existing conditions.
5.3 Coastal Watershed Areas
The subject property is located along the northern extent of the greater Bass River Watershed where
tidal influence creates brackish waters. The proposed work will not engage in activities that would be a
serious threat to the water quality including installing underground storage tanks, work related to
landfills, stump dumps, road salt storage, and work related to septic treatment plants or automotive
and construction equipment repairs.
5.4 Riverfront Area
Performance standards for work related to bank stability is defined in CMR 10.58. The existing wall
and the proposed wall replacement is not considered a Coastal Engineering Structure (CES) as it is
located above Mean High Water and outside of the Flood Zone. The wall serves as a vertical structural
support to the existing dwelling and its maintenance is critical to the safety of the property, stability of
the bank, and protection of nearby wetland resources. After many years in service, the wall has
experiencing deterioration and cracks are developing along the face. Signs of some sand is leaching
from behind the wall possibly undermining the developed areas behind it. Replacing the wall is
necessary to continue protection of the property and nearby wetland resources.
Alternative Solutions that were reviewed, and why those alternative are not chosen, are as follows:
• No Action: A no action alternative assumes that the existing development would remain in its
current condition. However, allowing deteriorating structures from exceeding their projected
lifespan or other failure mechanisms is not advisable, as structural failure would be inevitable.
Such failure could occur incrementally through partial structural degradation or abruptly as a
major collapse. Given that an occupied residential building is located within 10 feet of the wall,
replacement of the structure is integral to resident safety. Structural failure could compromise
the integrity of the building, resulting in significant setbacks for the property owners, as well as
posing serious safety risks and potential environmental harm.
• Stone Wall Reconstruction: Replacement with a sloped revetment requires additional
horizontal occupation that would reduce the usable space around the dwelling. This type of
construction would be a significantly more expensive solution and would require much bigger
equipment with a larger area of both temporary and permanent disturbance.
• Complete Reconstruction In-Kind (Preferred Alternative): Complete reconstruction in-
place involves removal of the existing timber retaining wall and installation of a new wall within
the same footprint. While this alternative requires full deconstruction of the existing wall
components, including removal of the existing deadman system, it provides the most efficient
and effective long-term solution. Compared to the other alternatives, this option is the least
intrusive, most economically favorable, and minimizes impacts to adjacent properties and
resources. All work will occur within previously disturbed and legally altered areas. Temporary
erosion and sedimentation controls will be installed seaward of the wall to protect adjacent
wetland resource areas during construction. By maintaining the existing alignment and
avoiding expansion of the structure, this alternative limits environmental disturbance while
restoring structural integrity and ensuring long-term safety and stability.
NOTICE OF INTENT APPLICATION 22 DRIFTWOOD LANE., YARMOUTH
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6.0 SUMMARY
6.1 Performance Standard Metrics
The existing wetland resources, anticipated project impacts and the proposed mitigation measures
associated with this project 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 proposed project improves the stability of safety of the site by reconstructing an actively
deteriorating wall. The improved wall is expected to protect the property and nearby wetland
resources for a longer period than the existing timber structure.
• All will takes place in previously disturbed and legally altered areas and located outside of the
Flood Zone.
• Alternative solutions were reviewed and the preferred options is believed to be the best solution
that offers greater protection to the property and wetland resources as well as being the
alternative with less disturbance while replacing the deteriorated existing wall.
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:
Charles Rowland, P.E.
Project Engineer
Cape & Islands Engineering, Inc.
800 Falmouth Road, Suite 301C
Mashpee, MA 02649
508.477.7272
chuck@capeeng.com