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HomeMy WebLinkAboutNarrative 2.4.2026Notice of Intent Kamborian, 180 South Street, South Yarmouth Performance Standards Narrative, Alternatives Analysis, and Construction Protocol Property Description The property is located on the Bass River; a tidal river on Nantucket sound. The property is located on the west shore, approximately 1,600 feet inland from Nantucket Sound. The site is fairly level, with a dwelling that was built in 1930 (assessors records). The site consists of a "Cape Cod" lawn, with a concrete bulkhead along the waterfront. The concrete bulkhead is located well above the MHW line. There is a gate over the bulkhead where the pier starts. The existing dock has been on the site since at least 1964 (see below). The pier extends approximately 144 feet from the concrete bulkhead, and approximately 104 feet beyond MHW. The pier is in good condition and does not require any maintenance work at this time. There is beach grass fronting the bulkhead, and a coastal beach. There does not appear to be any salt marsh on the property. There is an existing pier approximately 75 feet to the north, and another pier approximately 135 feet to the south. Both piers extend approximately the same distance into the waterway as the existing pier on this site. The site plan shows that there is an equal depth at the end of all three docks (-9' contour), which indicates a depth of approximately 7 feet at MLW. NOTE: Ms. Kamborian sold the property to Mr. Hynes in 2023. Shorefront Consulting was hired to obtain the proper permits for the existing dock for the new owner. Therefore, Ms. Kamborian is the applicant, but Mr. Hynes is the property owner. Two signature sheets are included with the filing to allow for a different owner than the applicant. -_Ih Street, Yarmouth, MA aerials 2018 L 2016 + topos 2014 — atlases 2012 O — compare 2010 overlays 2009 measure 2008 2005 2003 O° 2001 1995 1994 1985 1973 O - 1971 1938 .! I1.64M. -70-ISM EOPYRI�iED MA-IERI_ALAA C Crime �P Q` i' 0 OPYR IG14TED MATERIALA �r G COPYRIGHTED MATERIAL G 1971 Historic Aerial Showing the pier as it existed then (wider section visible); (Red Arrow is Locus) Permitting History The pier was initially constructed well before the Wetlands Protection Act. The pier received a chapter 91 license (DPW License 4820) in 1964 for a pier that extended approximately 96 feet from MHW (1964). This license, as issued in 1964, does not have an expiration date, and is valid today for the portion of the pier to which the license depicts. A 1995 Google Earth aerial (below) shows the dock as it existed in 1995, but the photo quality is poor. Another Google Earth photo taken in 2024 appears to show the dock in another configuration, and as it exists today. To our knowledge, a conservation permit for this work was not found. In addition, there was a DEP Interim Approval license (#9296), issued in 2002 which depicts the current pier, stairs and float configuration. All DEP license applications inform the public and town conservation departments as part of the license public notice process. It is unknown whether an order of conditions was included in this application with the state. In either case, an order of conditions was searched for and not found for this more recent work. Unfortunately, the Interim Approval license was never recorded, and is considered void at this time. Page I of 4 Notice of Intent Kamborian, 180 South Street, South Yarmouth Project Description — Permitting only; No proposed Work While the licensing of this pier seems to follow procedures (other than recording), the conservation permits cannot be located. The purpose of this permit filing is to obtain a proper order of conditions for the pier, stairs, and float as they exist now, and then file for a 30-year chapter 91 license with DEP Waterways to fully permit the structures. No work is proposed. Waterways was contacted and it was determined that waterways review was not required. April 1995 Google Earth photo showing existing pier 2024 Google Earth showing pier, stairs and float in current configuration to be permitted Page 2 of 4 Notice of Intent Kamborian, 180 South Street, South Yarmouth Resource Area Determination The project site is located on Bass River, a tidal river which flows to and from Nantucket Sound. Mean High Water and Mean Low Water elevations can be obtained from the Army Corps Profiles, (Tidal Profile #9), and indicate the elevations in NGVD which exist at the mouth of the river. The 1964 license plans show MLW in the same location as the current plans. The 1964 license plans show MHW about 20 feet landward of the location shown in the current plan (which show MHW in MLW datum, but also in a certain horizontal location). More recent data from other projects in the area show MHW at elevation of 1.46' and MLW at an elevation of -1.44' (NAVD88 Datum). The MLW location is the same as all of the previous plans. It is possible that the MHW locations are different simply because of beach sediment movement and accretion over the years. Navigation The location of the existing float will not extend further into the waterway than it does now. There is no work proposed for the pier, stairs, or float, and no modifications are proposed. Therefore, there will be no impact to navigation along the waterway. Shellfish Survey The conservation agent was consulted, and a shellfish survey was not required because there is no work proposed. Alternatives Analysis for the Riverfront Area (Discussion of Options) The project as proposed maintains an existing pier and float configuration. As such, the following analysis is offered to describe the available options for this project. Option 1- Do nothing If nothing is done at this site, the pier will remain unproperly permitted. The sales agreement requires the previous owner to obtain the proper permits for the pier. Therefore, the "do nothing" option would lead to negative discussions and litigation, which should be avoided, and is therefore not the desired or chosen option. Option 2: Permit the pier, stairs, and float in their current configuration in order to obtain an order of conditions which will then be used to obtain a 30-year Chapter 91 License from DEP. The existing pier, stairs, and float will be properly permitted and is the desired outcome and chosen option. Performance Standards The project proposes the permitting of an existing pier, stairs, and float without any proposed work. The pier lies within several resource areas which include Land Subject To Coastal Storm Flowage, Riverfront Area, Coastal Beach, Land Under Ocean and Land Containing Shellfish. Each resource area is addressed below separately. The project as proposed will not have any significant or permanent adverse effects to the surrounding resource areas as applied to both the Wetlands Protection Act and the Yarmouth Wetlands bylaws. Land Subject to Coastal Storm Flowage (LSCSF) - LSCSF is considered a resource area under 310 CMR 10, section 10.02 (1) d, and the Yarmouth Wetlands Protection Regulations, section 2.10. Since there is no work proposed, no negative impacts to this interest are anticipated. Riverfront Area - The Riverfront area on this property is the area from MHW landward, which encompasses approximately 38 feet of the existing pier. No work is proposed funder this filing, so therefore there is no impact on the Riverfront Area. Please refer to the discussion of project alternatives stated previously in this narrative. Coastal Beach - The area of coastal beach extends approximately 33 feet landward of the beach grass. There is no work proposed under this filing, and therefore there will be no change in the role for the beach in storm damage prevention, flood control, or protection of wildlife habitat, or change in the volume or form of the beach sediments. There will be no change the ability of the beach to respond to wave action, or the effect for any downdrift beach. There will be no adverse impacts to the coastal beach, and therefore meets the performance standards for a Coastal Beach. Therefore, the project as proposed can be permitted under 310 CMR 10.27 (1) through (7) and Yarmouth Wetlands Protection Regulations, section 2.02. Page 3 of 4 Notice of Intent Kamborian, 180 South Street, South Yarmouth Land Under the Ocean — The pier, stairs, and float extend approximately 72 feet in this area. There is no work proposed. Projects not included in 310 CMR 10.25(3) which affect land under the ocean shall if water -dependent, be designed and constructed, using best available measures, so as to minimize adverse effects, and if non -water - dependent, have no adverse effects, on marine fisheries habitat or wildlife habitat caused by alterations in water circulation, destruction of eelgrass (Zostera marina) or widgeon grass (Rupia maritina) beds, distribution of grain size, changes in water quality, including, but not limited to, other than natural fluctuations in the level of dissolved oxygen, temperature or turbidity, or the addition of pollutants; or alterations of shallow submerged lands with high densities of polychaetes, mollusks or macrophytic algae. The pier, stairs and float are water dependent, and the permitting will not have any adverse effects because there is no work proposed. Therefore can be conducted and permitted to minimize adverse effects to the listed interests in accordance with 310 CMR 10.25 (6), and Yarmouth Wetlands Protection Regulations, section 2.07. Land Containing Shellfish — The permitting will not affect land containing shellfish. Therefore, the pier, stairs and float can be permitted under 310 CMR 10.34 (4) through (8), and Yarmouth Wetlands Protection Regulations, section 2.08. Page 4 of 4 1971 Historic Aerial of Existing pier Existing pier looking easterly from back yard Existing pier looking easterly from seawall .. "?'G`�:.Y •ra'•:. s_ ..• � ..0 ..s S.`..V .. +^L�. - _a} � I A.t Existing pier, stairs and float Kamborian — Existing Pier to be permitted- (no proposed work)