HomeMy WebLinkAboutNarrative 2.3.2026Notice of Intent Thomas Grimes, 10 Surfside Terrace, South Yarmouth, MA
Performance Standards Narrative, Alternatives Analysis, and Construction Protocol
Property Description
The property is located on Bass River, a tidal river that leads to Nantucket sound. The project site is approximately
1.5 miles inland from Nantucket Sound. The property is located on the western shore of the river, adjacent to a town
landing/way to water. The property has an existing single family dwelling. The assessor's records indicate that the
dwelling was built in 1950. There is an existing "boathouse/structure" that was built in 1880 (Assessor's records)
and relocated in 2021 (Google Earth). All of the existing structures (bulkhead, dock, piles, steps, etc. have an existing
Chapter 91 License (DEP License No. 2886, issued in 1992). This license will expire in approximately 36 years
(2028). There is an existing bulkhead along approximately 176 feet of frontage. The area landward of the existing
bulkhead consists of a 10-foot wide vegetated buffer strip, with more plants on the northeast side of the bulkhead.
The remaining area landward to the house consists of lawn and hardscape (also approved). The property is mostly in
Land Subject to Coastal Storm Flowage, with the Top of Coastal Bank located at the edge of the flood zone, about
90 feet landward. The existing bulkhead top elevation is at elevation 4' NAVD88, with the grade at elevation 3.5'
directly behind the bulkhead. The bulkhead now gets overtopped in minor storm events. The bulkhead is showing
its age, and some "sinkholes" have developed along its length. A piece of the cap has detached from the bulkhead at
the west end. The height of the bulkhead is only 3 feet above MHW. While the bulkhead is still protecting the
dwelling, conditions will only get worse, and therefore a proactive replacement is warranted at this time.
Project Description
The purpose of this project is to reconstruct the existing 176'+/- long permitted and licensed bulkhead and raise the height
by 2 feet. In addition, approximately 78 cubic yards of fill is proposed to raise the outer portion of the yard by I foot,
graded back to elevation 4.5'. The bulkhead returns will be extended landward until they reach elevation 5'. The return
on the west (Surfside Terrace) side will be moved landward about 1.5 feet so that the bulkhead is entirely on the owner's
property. There was a 5'x8' bathroom addition that was approved under SE83-2210. That order is being closed out, but
the applicant still wants the option to do that work. Therefore, the bathroom addition is carried forward on the current
bulkhead replacement plan. The existing vegetated buffers will be re -installed after the project is complete.
Description of Proposed Work
Access for the project shall be entirely from the upland. Access will be from the driveway, over the lawn, and along
the bulkhead. The area directly behind the bulkhead will be excavated to relieve the soil pressure, and then the
bulkhead will be removed and replaced in sections to avoid siltation into the river. Depending on the contractor
chosen, the work could be performed from a working barge, but this is not expected for this site since the bulkhead
is short. All of the proposed work is within Land Subject to Coastal Storm Flowage, and within the 35-foot NDZ.
All of the work is considered water dependent.
Mean High Water Determination
The site is located a little more than a mile upstream from the mouth of Bass River. Therefore, the Army Corps Tidal
Profiles are accurate in this location and Mean High Water (MHW) and Mean Low Water (MLW) can be determined from
the charts. However, the elevations must be converted from NGVD29 to NAVD88. For this project, MHW is at elevation
L I' NAVD88, and MLW is at elevation -1.8' NAVD88.
Riverfront Area
The proposed work extends from the landward side of an existing permitted and licensed bulkhead (SE83-980 &
License 5567 and 2886). MHW is forced against this bulkhead. 310 CMR 10.58 (Riverfront Area) defines the riverfront
area as "the area of land between a river's mean annual high water line and a parallel line measured horizontally. The
riverfront area may include or overlap other resource areas or their buffer zones". For this site, all the work is located
landward of MHW, and the resource areas landward of MHW include LSCSF. Therefore, the work is located in the
riverfront area as defined above.
Alternatives Analysis (Discussion of Options)
Option 1- Do nothing:
If nothing is done at this site, the bulkhead will continue to fail, and eventually fall into the river, with the introduction
of large amounts of sediment into the river. The chapter 91 license requires the structures to be maintained in good
condition. Therefore, this is not the chosen option.
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Notice of Intent Thomas Grimes, 10 Surfside Terrace, South Yarmouth, MA
Option 2 — Reconstruct the bulkhead at the same height, without any fill:
With this option, the property will continue to flood, likely with more severe and frequent events. Eventually, the
lawn will no longer be able to sustain itself. Vegetation keeps the soil more porous, increasing infiltration, and
removes excess water through evaporation and transpiration. The bulkhead is merely 3 feet above MHW. This
leads to even minor storm events flooding the yard, affecting the lawn and vegetated buffer, which provides uptake
of nutrients and drainage. If the area becomes void of vegetation, then future storm events could start removing soil
and transporting it by wave action into the river. This would be a very undesirable result. This option doesn't
preserve the area and leaves it open for siltation. Therefore, this is not the desired option.
Option 3 — Reconstruct the bulkhead 1 foot higher. This option was discussed. However, it does not provide the level of
protection that the applicant wanted. Therefore, this option was not chosen.
Option 4 — Reconstruct the bulkhead in front of the existing bulkhead:
This option was recommended by the Army Corps of Engineers in the past. It allows for easier construction, provides total
protection from siltation into the river, and is cheaper to construct, especially when a bulkhead is being raised upwards in
elevation. However, other regulatory bodies assess this option as a reduction of the resource area in front of the bulkhead
(coastal beach, land containing shellfish, etc.). Therefore, this option was not chosen.
Option 5 — Reconstruct the bulkhead 2- higher, and provide 2 feet of fill:
This option was discussed. The elevations in front (seaward) of the boathouse are approximately 4.85'. If the soil was
raised up 2 feet (to elevation 5.5), it would flood the basement of the relocated structure. The applicant would like to
maintain some flood storage protection. Obviously, in a major storm event, the building is flooded no matter what height
the bulkhead is. However, the goal of the project is to reduce flooding, not eliminate it. Therefore, this option was not
chosen.
Option 6 — Preferred Alternative, Project as proposed
This option provides the intended outcome with increased flooding protection and solves the flooding problem to a
point that is acceptable. The resource areas are not changed by the project, and therefore any effects to the resource
areas are neither increased nor decreased with the project. Therefore, it is the preferred option.
Performance Standards
The project proposes the replacement of an existing permitted bulkhead with the filling and grading of an area to
raise the elevation to reduce flooding events. It will not prevent them, but it will reduce the frequency of the more
common storm surge events. The entire area, as well as the adjacent properties, is well below the flood elevation and
will flood completely in larger storm events. The project as proposed will not have any significant adverse effects to the
surrounding resource areas. The areas potentially affected by this project are Land Subject To Coastal Storm Flowage and
the Riverfront Area.
Land Subject to Coastal Storm Flowage (LSCSF) — LSCSF is considered a resource area under 310 CMR 10, section
10.02 (1) d. The work in this area is limited to the reconstruction of the existing bulkhead, the placement of 78 cubic
yards of fill, grading, and the replacement of the existing vegetated buffer areas. The work area is within Land
Subject to Coastal Storm Flowage. Although LSCSF is an area that is allowed protection under the Wetlands
Protection Act, there are no performance standards for this area. The work proposed in LSCSF is the work for the
bulkhead reconstruction, fill and replacement of the existing vegetated buffers. That work will not have any
significant adverse impacts, and can be permitted under 310 CMR 10.05(6)k.
Riverfront Area -
There is a 100-foot riverfront area buffer zone on this property. The 200' Riverfront area is landward and off of the
property. The work in the 0-100 riverfront area is limited to the bulkhead reconstruction, fill (which amounts to
approximately 78 cubic yards of material placed over approximately 4,500 square feet), grading and the replacement
of the vegetated buffer strip areas. The bathroom addition is just inside the 100-foot buffer, and outside the flood
zone. None of this work will negatively impact the riverfront area itself. Flooding will be less, and drainage will be
improved. Full restoration of the lawn will keep the area stable and vegetated, at least to the point of having no
exposed soil to be introduced into the waterway. Please refer to the discussion of project alternative stated previously
in this narrative.
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Notice of Intent Thomas Grimes, 10 Surfside Terrace, South Yarmouth, MA
Riverfront Performance Standards
310 CMR 10.58 (3); "Where a proposed activity involves work within the riverfront area, the issuing authority
shall presume that the area is significant to protect the private or public water supply; to protect the groundwater;
to provide flood control; to prevent storm damage; to prevent pollution; to protect land containing shellfish; to
protect wildlife habitat; and to protect fisheries."
The riverfront area on this property provides recharge and retainage of flood waters, which mitigates flooding and
damage from storms. The root systems of the vegetation keep the soil porous, increasing infiltration capacity.
Vegetation also removes excess water through evaporation and transpiration. Vegetated riverfronts also dissipate
the energy of storm flows, reducing damage to public and private property. There is no vegetative cover for
fisheries for this site, so this function does not appear to be applicable for this property. The riverfront area, being
directly adjacent to a salt water river, likely does not provide protection for private or public water supplies or
groundwater. In these areas, there is likely an amount of salt water intrusion into the groundwater at some distance
from the river's edge, and at lower elevations. Therefore, this function may not be applicable for this property. The
other functions of the riverfront area, such as flood control, storm damage prevention, and the prevention of
pollution, the protection of land containing shellfish, and wildlife habitat do apply for this property. Therefore, it
appears that two of the interests may not be applicable for this property.
"By providing recharge and retaining natural flood storage, as well as by slowing surface water runoff, riverfront
areas can mitigate flooding and damage from storms. The root systems of riverfront vegetation keep soil porous,
increasing infiltration capacity. Vegetation also removes excess water through evaporation and transpiration. This
removal of water from the soil allows for more infiltration when flooding occurs. Increases in storage of
floodwaters can decrease peak discharges and reduce storm damage. Vegetated riverfronts also dissipate the
energy of storm flows, reducing damage to public and private property." This is the primary function of the
riverfront area for this property.
"Where the presumption set forth in 310 CMR 10.58(3) is not overcome, the applicant shall prove by a
preponderance of the evidence that there are no practicable and substantially equivalent economic alternatives to
the proposed project with less adverse effects on the interests identified in M.G.L. c.131 § 40 and that the work,
including proposed mitigation, will have no significant adverse impact on the riverfront area to protect the interests
identified in M.G.L. c. 131 § 40."
According to the above, the riverfront area may not play a role in in the protection of fisheries, groundwater or
private or public water supplies. This equates to the "one or more" of the interests in 310CMR 10.58(3). Therefore,
it appears that the presumption is rebuttable, and the presumption of significance is partially overcome.
There are no practicable and substantially equivalent economic alternatives (see alternatives, above) to the
proposed project with less adverse effects. Even the "do nothing" option has adverse effects to the riverfront area
interests. The proposed work will have no significant adverse impact on the riverfront area to protect the interests
identified in M.G.L. c. 131 § 40.
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Notice of Intent Thomas Grimes, 10 Surfside Terrace, South Yarmouth, MA
CONSTRUCTION PROTOCOL
General protocols
The bulkhead shall be reconstructed from the applicant's property and upland. If a working barge is used, the barge shall
be positioned and stored so as not to be aground. The staging area for materials will be on the applicant's property, either
in the lawn area, driveway, or on the working barge. The project shall be accomplished in accordance with the project
plans and notes. Any deviations from said plans and notes shall be discussed and approved with the Owner (or owner's
representative) and/or the conservation commission (as applicable), prior to implementation. Proceeding without approval
shall be at the risk of the contractor, where the work may be reversed, removed, replaced, or repeated at their expense.
The work area shall be kept to a minimum. All equipment shall be stored on the working barge or the applicant's property
on the lawn area or the driveway when not in use.
Pre -Construction Meeting
Unless waived by the commission or the agent, a pre -construction meeting shall be held on -site with the Contractor,
Property Owner (or owner's representative), and the Conservation agent. The purpose of the meeting is to clearly
delineate the limits of work and access, as well as the staging area. The Contractor will describe the proposed means and
methods for performing the work within the requirements of the plans, order of conditions and construction protocol. The
Contractor will comply with mitigation measures as established by the Conservation Commission.
To be discussed at this meeting:
• Existing property conditions, necessary precautions to be taken by the Contractor;
• Means and methods for construction;
• Necessary post -construction reparations and conditions;
• Procedure for post -construction inspection;
• Shorefront Consulting's responsibilities for inspection and project coordination
During Construction, the site shall be accessible for inspection during reasonable hours by all parties, members of the
conservation commission and their agents, and the Project Manager.
Post -construction meeting
Unless waived by the commission or the agent, a post -construction meeting shall be held on -site with the Contractor,
Property Owner (or owner's representative), and the Conservation agent. The purpose of this meeting is to determine
that the project has been satisfactorily completed in accordance with all permits, and that no additional work or mitigation
is required by the Contractor.
Restoration of project area
Upon completion of construction, the buffer zone, lawn, driveway, access path, staging areas and any other areas disturbed
by the construction effort shall be returned as much as practical to their pre -construction conditions to the satisfaction of
the property owner and conservation agent. All disturbed vegetated areas shall be re -vegetated with the same vegetation
to match pre -construction conditions for the surrounding areas, or as determined during the pre -construction meeting.
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