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HomeMy WebLinkAbout6 Chilton Rd Notice of Intent Narrative Only 10.31.2025October 30, 2025 Town of Yarmouth Conservation Commission 1146 Route 28 South Yarmouth, MA 02664 RE: 6 Chilton Road – Notice of Intent Applicant – Joe Disipio Dear Commission Members: On behalf of the applicant, we hereby submit this Notice of Intent for the proposed work on a single-family lot within 100 feet of a Coastal Beach, Coastal Bank, and Land Subject to Coastal Storm Flowage. The applicant proposes to raze the existing single-family dwelling and construct a new dwelling in its location. Enclosed please find the following: 1. Administrative Checklist 2. Complete NOI Application WPA Form 3 3. Narrative 4. 100’ Abutter Map 5. Certified Mail Receipts (to be submitted prior to scheduled hearing) 6. 1 original and 7 copies of the Site Plan 7. Check for $262.50 (NOI Fee) 8. Check for $300.00 (Bylaw Fee) 9. Check for $15.00 (Legal Ad Fee) If you have any questions, please do not hesitate to call. Sincerely, GRADY CONSULTING, L.L.C. Scott Fanara, P.E. Project Engineer cc: Joe Disipio DEP - SERO 334 North Street 20 Riverside Drive Walpole, MA 02081 Lakeville, MA 02347 bdirienzo@yarmouth.ma.us jjerolimo@yarmouth.ma.us J:\2025\25-344\Conservation\cover.docx NARRATIVE The existing site is a 10,320 square foot lot and consists of a single-family dwelling, concrete walkways, outdoor shower, shed, gravel driveway, and on-site subsurface sewage disposal system. The property is directly to the east of Mill Creek. Resource areas were delineated on site by South River Environmental on September 12, 2025, and consist of a Coastal Beach, Coastal Bank, and Land Subject to Coastal Storm Flowage. The entire site is located within 100’ of these resource areas. The existing dwelling is located 16.0’ from the Coastal Bank and 24.5’ from the Coastal Beach. The nearest concrete walkway is located 15.0’ from the Coastal Bank and 23.6’ from the Coastal Beach. The dwelling was constructed in 1940, per the Yarmouth Assessor’s Department records. The proposed work is to raze all existing structures and construct a new single family in its place. The dwelling is proposed no closer than the existing dwelling. A pervious paver patio is also proposed over an area of existing lawn and concrete to the side of the dwelling, no closer than the existing concrete walkway. The project proposes an increase in area of coverage within 0-35 feet of the Coastal Bank of 272 square-feet, a decrease within 35-50 feet of 28 square-feet, and an increase within 50-100 feet of 136 square-feet. Site access is via the public way of Chilton Road. Erosion control measures and locations are noted on the Site Plan. Since the slopes are not significant on this site, a single silt sock will serve as erosion control and the limit of work. The silt sock will be installed prior to any site work and shall remain until after construction and site stabilization occurs. Specific machinery for this project will be determined by the contractor, but will generally include the use of an excavator, dozer, and other mid-large size construction machines. Machines will be stored on site and at the end of Chilton Road. This is a dead-end road, and construction will not impede vehicular travel. The anticipated start date for this project is June 1st or within a week of all department approvals, whichever is earlier. The work is proposed within 100 feet of a Coastal Beach and Coastal Bank and within Land Subject to Coastal Storm Flowage. The project has been designed to adhere to the following regulations. 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 waves to remove sand from the beach or tidal flat; The site is separated from the coastal beach by an existing rock revetment and is located approximately 7 feet higher than the beach. The proposed redevelopment will not affect the ability of waves to remove sand from the beach. b) Disturbing the vegetative cover, if any, so as to destabilize the beach or tidal flat; The beach is stabilized by an existing rock revetment. Any disturbance of vegetation will not affect the stabilization at this location. Nevertheless, the existing vegetation adjacent to the revetment will not be removed. c) Causing any modification of the beach or downdrift beach that would increase the potential for storm or flood damage; The beach will not be modified. d) Interfering with the natural movement of the beach or tidal flat; The beach will not be modified or interfered with. e) Causing artificial removal of sand from the beach or downdrift beach; or The beach will not be modified or interfered with. No removal of sand from the beach will occur at any stage of construction or afterwards. 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. The intertidal zone is located on the low side of the existing revetment. No work is proposed in this location. 4.05 Coastal Banks 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: 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. No work is proposed on the coastal bank. 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. Wave action is largely controlled by the existing revetment. The proposed structure is located no closer to the coastal bank than the existing structure. No significant changes in the site grades are proposed. 4.10 Land Subject to Coastal Storm Flowage 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 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; There are no significant changes in grade proposed on site. The current flow patterns and ability of the land to absorb and contain flood waters shall remain. i. reducing the ability of the land to buffer more inland areas from flooding and wave damage; The revetment largely mitigates stormwater and flood waters from the mainland. The proposed work includes features such as pervious pavers rather than impervious, gravel driveway rather than asphalt, and the building includes Smart Vents to allow free flow of water within the FEMA Flood Zone. 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. There are no significant changes in grade proposed on site. The proposed flow patterns are designed to match existing conditions. 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; No such structures are proposed which have the potential to divert or obstruct flood flow. The proposed dwelling includes Smart Vents to allow passage of flood waters. iv. causing, or creating the likelihood of, damage to other structures on land within the flood plain as debris (collateral damage); The proposed work will not damage other structures within the flood plain. v. causing ground, surface or saltate pollution triggered by coastal storm flowage; There are no sources of pollution contained on this site. 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. The project does not propose removal of substantial vegetative cover or any structures which could prevent wildlife migration across the property. vii. prevention of the migration of resource areas such as salt marshes due to sea level rise. No such measures are proposed. 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 The site has not been impaired. 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. The existing septic system is a Title V compliant system and shall remain for the new dwelling. x. All groundwater elevations shall incorporate seasonable adjustments if test holes and or leaching components are 100 feet or closer from major estuaries. The existing septic system is a Title V compliant system and shall remain for the new dwelling. xi. Any proposed deck, shed, or other similar structure must be securely anchored to a footing or foundation. All structures will be securely anchored with poured concrete foundations or similar. xii. Any activity shall preserve existing soils, vegetation, and other natural conditions that serve as buffers to coastal flooding and storm surges. No significant site grading or removal of vegetation is proposed. 6.01Setbacks and Buffer Zones 1) Notwithstanding section 6.01(2) below, no new structures, including chicken coops and swimming and spa pools (with the exception of water dependent structures), will be allowed within 50 feet of the following Resource Areas: a) Any freshwater or coastal vegetated wetlands, vernal pools and vernal pool habitat, salt marshes, banks, lakes, ponds of any size, beaches, dunes, estuaries, the ocean, lands under water bodies, and intermittent and perennial rivers, streams, brooks and creeks, and Isolated or Bordering Land Subject to Flooding We hereby request a waiver from this requirement. The existing site is fully developed with a single-family dwelling, gravel driveway, concrete walkways, sheds, outdoor shower, and maintained lawn. The proposed dwelling will maintain the same existing setback distances to the resource areas. Careful consideration has gone into this design, including pervious pavers rather than asphalt, gravel driveway rather than asphalt, and reduction of the existing maintained lawn in favor of a new mitigation area with native seeding and plants. 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 applicable. 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. No new such features are proposed within this buffer. The project proposes the continued use of the lawn as shown on the plan, which is a significant reduction in area over the exiting conditions. 4) The following are prohibited within resource areas listed in 6.01(1) and their 50-foot buffer zones, and the Riverfront Area: a) Fertilizers b) Pesticides (unless part of an approved invasive species removal program) c) Irrigation except for temporary irrigation for establishment of native plantings The applicant is aware of this requirement and will avoid these measures. 5) Lawns Turf lawns may be a significant source of nutrients to wetlands, coastal embayments, and other bodies of water through surface runoff and leaching to the groundwater. Excessive nutrient loading of water bodies may lead to eutrophication. Indications of eutrophication include nuisance algal blooms, oxygen depletion, fish kills and foul odors. To minimize potential adverse impacts due to fertilization, the Conservation Commission requires that turf lawns be minimized or even eliminated from landscaping plans; particularly in lots adjoining surface water bodies and wetland resource areas. No new turf lawns shall be permitted in the 50-foot buffer zone on an undeveloped lot. On lots where turf lawn currently exists and has for a long period of time, the Commission may require that turf lawn area to be reduced or eliminated when an application for a new project on that lot is brought before them. Buffer zones of native plants may be required to reduce surface runoff. a) New lawns may be irrigated for 2 growing seasons after planting but not thereafter. d) New lawns in buffer zones shall be or mimic Cape Cod Lawns. A Cape Cod Lawn is an area that is not irrigated, fertilized, or otherwise treated with chemicals that is diverse with species including native sedges, mosses, grasses, and other lowgrowing plants that are well adapted to the conditions of the Cape. Cape Cod Lawns can be established by seeding with a mix of drought tolerant grasses and forbs and weeding to remove invasive species as needed. No new lawns are proposed. 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 one hundred-foot buffer zone as is practicable for the proposed use. Not applicable. The site is fully developed within this buffer zone. The project proposes mitigation to provide/enhance a vegetated buffer. 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. Not applicable. 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. Applicable. The project proposes to meet this standard. 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. Not applicable. The project proposes a net reduction of coverage within this area. c) Where a variance is sought for proposed work within the 35-foot buffer, mitigation shall be determined at the commission’s discretion. Applicable. The project proposes mitigation in this area to the extent practicable, which includes the conversion of existing maintained lawn areas. 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. 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. We request a waiver from this requirement. The entire site is within the 100-foot buffer, and full restoration of the 50-foot buffer is not practical. An extensive mitigation plan is proposed to enhance this area. 4) Planting requirements 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, refer to the approved plant lists posted on the Conservation website. 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. The proposed mitigation plan complies with this regulation. b) The recommended plant spacing and densities will be used as shown on the approved plant lists available on the conservation website The proposed mitigation plan complies with this regulation. 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. The proposed mitigation plan complies with this regulation. 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. Foundation landscape beds are not proposed with this project.