Loading...
HomeMy WebLinkAboutRevised materials 3.18.2026 Atlantic Coast Engineering LLC 88 Front Street, Suite 20 Scituate, MA 02066 (781) 378–2593 www.atlanticcoastengineeringllc.com 3/18/2026 Town of Yarmouth ATTN: Conservation Commission 1146 Route 28 South Yarmouth, MA 02664 Phone: 508-398-2231 RE: Notice of Intent Application: 104 – 110 River St. Yarmouth, MA. 02664 Dear Members of the Conservation Commission: We are in receipt of your email dated 1/30/2026, please find enclosed updated documents and we offer the following replies below in red: o It looks like the NOI narrative is cut off, it ends with only a partial sentence. Updated copy attached. o A description of how the project meets the performance standards included in narrative. Attached. o Staging, access, and construction protocol. Staging & access shown on plans. Construction protocol attached. o Shellfish survey including a report of methods and results. Brad Holmes, completed this and it’s attached. o The referenced existing conditions plan stamped by Richard Hood. Attached. o WPA form- The riverfront area and LSCSF values need to be revised to reflect impacts. These values should match the portion of the ramp on land. We checked the math on this and it’s shown on WPA3. o *The NOI must be signed by both property owners. A hearing can still be scheduled if this is not provided. Please review NOI narrative, deeded easement holders are allowed to file NOI. o Certified mail receipts for Abutters+ submission to Waterways. Attached. o There is an open order of conditions at 110 River Street 083-2150 that is expired and must be closed out. Please submit a COC request to be heard concurrently. This is outside the scope of our contract. We also do not represent that owner. o To meet the Site plan requirements, please revise the plan as follows: o clarify the 50’ buffer is to the river (CONFIRMED) and show relevant 35’ buffers. (Added) o existing vegetated areas (if any) and Staging and access areas. Entire area is vegetated. Staging and access area shown on plans. All disturbed areas shall be restored to original conditions. o existing trees in vicinity to proposed ramp on plan, and note whether they are to be protected during construction or proposed for removal. All trees shown in green are further upland and no impacts. o Physical submission- full NOI, original plan + existing conditions plan, and 7 copies of each plan. Fee checks. This was all previously submitted, and we are sending same for revisions. Please contact me at your convenience if additional information or clarification is needed. Thank you for your time and consideration of this filing. Sincerely, Atlantic Coast Engineering LLC 1. Introduction The purpose of this project is to permit the construction of a fixed pier, gangway, and a seasonal float at 104 and 110 River Street in South Yarmouth, Massachusetts. The project site is located along the Bass River and within mapped FEMA Flood Zones VE (Elevation 13) and AE (Elevation 11), which are subject to coastal flooding, tidal influence, and wave action. The proposed structures are intended to provide safe and controlled water access while minimizing impacts to coastal resource areas. This application is being submitted pursuant to the Massachusetts Wetlands Protection Act, Yarmouth Wetlands bylaw and associated regulations to ensure compliance with all applicable environmental performance standards. 2. Site Description The project site is a waterfront property located along the Bass River in South Yarmouth, MA. The project site is owned by landowners other than the applicant. However, the applicant has grants of easement over the project site for the construction and maintenance of a pier and float. Pursuant to 310 CMR 10.05(4)(a), an applicant filing a Notice of Intent shall obtain written permission from the landowners. However, the term landowner includes owners of property rights such as easements. See In the Matter of John Sloan, DEP Docket No. 2006-096, DALA Docket No. DEP-060864, Final Decision (October 16, 2007). Therefore, the applicant has the right to submit this Notice of Intent without written permission from the landowners. The shoreline is influenced by daily tidal fluctuations and coastal processes associated with the riverine and estuarine environment. The site contains existing shoreline structures and previously disturbed upland areas. Resource areas and jurisdictional features associated with the site include: Land Subject to Coastal Storm Flowage (FEMA Zones VE and AE) Coastal Bank Riverfront area Land Under the Ocean / River Land containing shellfish Notes: 1. The site is not located within mapped Priority Habitat or Estimated Habitat for Rare Species according to the Massachusetts Natural Heritage & Endangered Species Program (MaNHESP). 2. The site does not contain or abut a Certified Vernal Pool. 3. The site does not contain or abut a U.S.G.S. mapped perennial stream. 4. The site is not located within an Area of Critical Environmental Concern (ACEC). 3. Proposed Activities The objective of the proposed work is to construct water-dependent private recreational pier that is sized and designed for the site conditions while protecting coastal resource areas. The proposed activities include: Fixed Pier Construction: A fixed pier will be constructed extending from the shoreline into the Bass River. The pier will be supported by mechanically driven, pressure-treated timber piles installed to refusal or a minimum penetration depth. All construction will be conducted from land or barge, with no equipment resting on the riverbed. Access Ramps: One gangway will be installed to connect the fixed pier to the floating dock. The gangway is designed to accommodate tidal fluctuations and will be constructed of aluminum or similar materials with open decking to allow light penetration. Floating Dock: A seasonal floating dock will be installed at the terminus of the ramp. The float will be anchored using concrete blocks resting on the substrate and will be removed during the non-boating season, in accordance with permit conditions. Site Restoration: Upon completion of construction, all disturbed upland areas will be stabilized and restored. Temporary erosion controls will be removed once the site is fully stabilized. 5. Summary The proposed pier, gangway, and float project is a water-dependent use designed to provide safe access to the Bass River while minimizing impacts to coastal resource areas. The project incorporates appropriate construction methods, seasonal limitations, and erosion control measures to protect the surrounding environment. All work will be performed in compliance with the Massachusetts Wetlands Protection Act and local regulations, ensuring the long-term protection of coastal resources and the functional use of the site. P.O. Box 4012, Plymouth, Massachusetts 02361 617-529-3792 | www.ecrwetlands.com March 13, 206 Town of Yarmouth Conservation Commission 1146 Route 28 South Yarmouth, MA 02664 Attn: Brittany DiRienzo RE: Shellfish Survey, 104 & 110 River Street, Yarmouth, Massachusetts DEP File #SE083-2516 Dear Ms. DiRienzo & Members of the Commission: Environmental Consulting & Restoration, LLC (ECR) is pleased to present the Yarmouth Conservation Commission with this Shellfish Survey Report to accompany the proposed pier, ramp and float project located at 104 & 110 River Street in Yarmouth (the site). The shellfish survey was conducted on March 9, 2026 during a low tide event within and near the footprint of the proposed project. The results of the survey have been summarized in the attached report. Enclosed for your review is the Shellfish Survey Report with attachments. Upon review, please contact me with any questions or requests for additional information at (617) 529 - 3792 or brad@ecrwetlands.com Sincerely, Environmental Consulting & Restoration, LLC Cape Coastal Resources Paul Caruso Cameron Larson Paul Caruso Wetland Scientist Marine Fisheries Biologist ATLANTIC COAST ENGINEERING LLC 88 FRONT ST. SUITE 20 SCITUATE, MA. 02066 http://atlanticcoastengineeringllc.com/ Office: (781) 378 - 2593 Conservation Commission Town of Yarmouth 1146 Route 28 South Yarmouth, MA 02664 RE: Notice of Intent, 104 & 110 River Street Subject: Construction Protocols Dear Members of the Conservation Commission, As requested, please find the construction protocols for the proposed fixed pier, gangway, and seasonal float at 104 and 110 River Street, South Yarmouth. These protocols have been developed in coordination with standard construction practice from past projects and are intended to minimize impacts to coastal resource areas throughout construction. 1. Any required Town approvals for use of public access points, including boat ramps or staging areas, will be obtained and coordinated prior to the start of construction. 2. Construction is anticipated to take approximately 3 to 4 weeks, though the schedule may vary depending on weather, tides, and site conditions. 3. All work will be conducted from upland areas and/or from the water, as shown on the approved site plans, to avoid unnecessary disturbance to coastal resource areas. 4. Erosion and sediment controls will be installed as needed and maintained for the duration of construction to prevent sedimentation of adjacent resource areas. 5. All construction materials and equipment will be stored in designated upland areas, as shown on the site plan, and outside of resource areas. 6. A crane, if required, will be located in the upland area as shown on the site plan and will utilize appropriate outriggers and pads to prevent ground disturbance or surface damage. 7. Pile installation will be conducted using vibratory or other approved methods to minimize turbidity and disturbance. 8. All construction debris, including any removed or excess materials, will be removed from the site daily and properly disposed of off-site. 9. Spill kits will be maintained on site at all times, and fueling or equipment maintenance will occur in upland areas to prevent the release of fuels, oils, or lubricants. 10. All construction personnel will comply with applicable OSHA safety requirements. 11. Upon completion of construction, any temporarily disturbed upland areas will be stabilized and restored as necessary. If you have any questions or require additional information, please do not hesitate to contact me. Thank you for your consideration. Sincerely, Atlantic Coast Engineering LLC Compliance with Wetlands Protection Act Performance Standards The proposed construction of a fixed pier, gangway, and seasonal float at 104 and 110 River Street, South Yarmouth has been designed to comply with the performance standards of the Massachusetts Wetlands Protection Act (M.G.L. c. 131, §40) and the Yarmouth Wetlands Bylaw, and to protect the statutory interests of flood control, storm damage prevention, and marine fisheries, consistent with 310 CMR 10.03(1)(a). The project is located within Land Under the Ocean and Land Subject to Coastal Storm Flowage, as defined at 310 CMR 10.25 and 310 CMR 10.57, and within mapped FEMA Flood Zones VE and AE. The proposed pier will be pile-supported, allowing for the unobstructed flow of tidal waters and wave energy beneath the structure, and will not result in the displacement of floodwaters or an increase in flood elevations or velocity, consistent with the performance standards for coastal floodplains at 310 CMR 10.57(4). The pier, gangway, and float have been sized and located to minimize impacts to coastal and marine resource areas. The pile-supported design and open decking allow for adequate light penetration and water circulation, consistent with the requirements for structures over water at 310 CMR 10.53(3)(j). No dredging, filling, or alteration of the riverbed is proposed. The seasonal float will be removable and taken out of the water during the off-season, further reducing long-term impacts to marine habitat and navigation. All construction materials will consist of marine-appropriate, non-CCA-treated materials to prevent the introduction of contaminants into coastal waters. The project avoids impacts to eelgrass, shellfish habitat, and rare species, and has been designed in accordance with MassDEP guidance for small pile-supported docks and piers. As proposed, the project meets applicable Wetlands Protection Act performance standards and protects the interests of storm damage prevention, flood control, and the protection of marine fisheries and wildlife habitat.