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HomeMy WebLinkAboutNarrative 3.18.2026 PROJECT NARRATIVE Request for Amended Order of Conditions 1044 Route 28 Wireless Communication Facility Yarmouth, Massachusetts 1 1.0 INTRODUCTION On behalf of Blue Sky Towers III, LLC, and in association with ProTerra Design Group, LLC, Lucas Environmental, LLC (LE) is pleased to submit this Request for Amended Order of Conditions (OOC) (MassDEP File #083-2382) for the proposed Wireless Communication Facility (WCF) located at 1044 Route 28 in Yarmouth, Massachusetts. At the request of the Yarmouth Zoning Board of Appeals (ZBA), a new design concept was approved in the ZBA Decision filed with the Town Clerk on March 3, 2026 (approved February 12, 2026). The new design consists of a shorter 93-foot steel monopole antenna tower in lieu of the original 119.6 foot tall clock tower design to reduce the visibility of the WCF. In addition, the WCF has been shifted 22.4 feet to the west, further into the existing tree line, within the proposed lease area, reducing impacts within the 100-year floodplain. In this updated design, the proposed work will still occur within Land Subject to Coastal Storm Flowage (LSCSF). There are no other wetland resource areas located on the site. This Request for Amended OOC is submitted in accordance with the Massachusetts Wetlands Protection Act (WPA; M.G.L. Ch. 131, Section 40) and implementing regulations (310 CMR 10.00 et seq.) and the Town of Yarmouth Wetlands Protection Bylaw and its implementing regulations. The OOC is valid through April 13, 2028 (original expiration date of April 13, 2026, in addition to two year extension per the Massachusetts Permit Extension Act, as the permit was valid between the qualifying approval period of January 1, 2023 and January 1, 2025. The following contains a brief summary of the project revisions. 2.0 EXISTING CONDITIONS The proposed location for a new telecommunications facility is located at 1044 Route 28 in Yarmouth, Massachusetts (See Figure 1 – USGS Map and Figure 2 – Aerial Map). The partially developed 4.4± acre parcel is owned by the Roman Catholic Bishop of Fall River Parish and is occupied by a church building with associated paved driveway and parking areas. Route 28 borders the eastern frontage, Forest Road borders the northern frontage, and Long Pond Drive borders the western frontage. Residential and commercial properties abut the parcel to the south. Vehicular access to the property is provided by the existing paved driveways from each frontage street. A review of the current MassGIS data layer for the Massachusetts Natural Heritage Atlas (effective August 1, 2021) under the Natural Heritage & Endangered Species Program (NHESP) indicates that no portion of the Study Area is located within Estimated Habitat of Rare Wildlife or Priority Habitat of Rare Species (See Figure 3 – NHESP Map). No Certified or Potential Vernal Pools under the jurisdiction of the Wetlands Protection Act Regulations (310 CMR 10.00 et seq.) or the Massachusetts Endangered Species Act (321 CMR 10.00 et seq.) are mapped by NHESP in the Study Area. PROJECT NARRATIVE Request for Amended Order of Conditions 1044 Route 28 Wireless Communication Facility Yarmouth, Massachusetts 2 The tower and compound location for the new design will remain within the FEMA Zone X (Shaded) “Areas of 0.2% Annual Chance Flood” per the Barnstable County Flood Insurance Rate Map 25001C0587J, effective date of July 16, 2014. The proposed gravel access driveway and stormwater infiltration basin are located within the FEMA Zone AE Special Flood Hazard Areas (SFHAs) Subject to Inundation by the 1% Annual Chance Flood (100-year floodplain) where base flood elevations have been determined at 11 feet NAVD 88 (See Figure 4 – FEMA). The new site design proposes to adjust site grades so the tower compound and equipment area are situated above the 1% Annual Chance Flood elevation. The stormwater BMP design remains the same as the previous submittal and will accommodate the 25-year storm event and not contribute to flooding impacts for 100-year storm events. The Study Area is not located within an Area of Critical Environmental Concern (ACEC), Outstanding Resource Water (ORW), or MassDEP Wellhead Protection Area. 3.0 PROJECT REVISIONS The WCF as described in the Notice of Intent (NOI) (MassDEP File #083-2382) proposed construction within a 100-foot by 100-foot lease area and included a 119.6-foot-tall clock tower that was designed to house the wireless communication antenna. The WCF was situated within a 55-foot by 60-foot (3,300 square foot) equipment compound surrounded by a six-foot tall stockade fence. The new WCF footprint is located within the same 100-foot by 100-foot lease area, but it has been shifted 22.4 feet to the west into the existing tree line to help reduce its visibility. In addition, a shorter 93-foot steel monopole antenna tower, in lieu of the taller clock tower, in now proposed. The WCF will be located within a similarly sized 55-foot by 60-foot compound that houses the facility equipment. The new project design is depicted on the enclosed Permitting Plans prepared by ProTerra, dated January 29, 2026 (provided under separate cover). Access to the WCF will remain from the existing church parking lot, via a 12-foot wide driveway, similar to the original design. However, the access under the new design will require a slightly longer gravel driveway, resulting in 600 additional square feet, that has been shifted approximately 15 to 20 feet to the south (See Figure 5 – 2022 vs 2026 Design Comparison). The new design will require an additional 1,640 square feet of tree clearing to accommodate the requested shift into the existing tree line. Total area of earth disturbance to construct the facility with drainage improvements is approximately 12,200 square feet (See Sheet A-3 of the Permitting Plans), as compared to the approximate 10,550 square feet under the approved WCF design. The remainder of the WCF design remains unchanged. The new development design is approximately 6.4% of the project parcel area. A planting plan for the area surrounding the compound has also been provided in the Permitting Plans. The stormwater treatment train with the new design remains the same and includes pea gravel diaphragms, vegetated swales, a sediment forebay (pretreatment), and an infiltration basin. An appropriately designed broad-crested weir spillway maintains a low runoff head height to reduce the likelihood of erosive flow leaving the basin during major storm events. The treatment train has been designed to remove an average of 80% of the TSS from the compound stormwater runoff. The above grade storage within the infiltration basin below the outlet spillway is estimated to provide for a water quality volume using the one-inch rule. Based on the full build-out impervious area, runoff generation at the WCF would be comparable to a TR-55 1/3-acre single family residential lot (Impervious = 30%, CN=57). PROJECT NARRATIVE Request for Amended Order of Conditions 1044 Route 28 Wireless Communication Facility Yarmouth, Massachusetts 3 Refer to Appendix D – Stormwater Management Drainage Summary, prepared by ProTerra Design Group, LLC, dated December 29, 2022 and revised March 4, 2026, for more detailed information. 4.0 REGULATORY COMPLIANCE This section details the project’s compliance with the performance standards for each resource area under the WPA and Bylaw. 4.1 Land Subject to Coastal Storm Flowage Per the July 16, 2014 FEMA Flood Insurance Rate Map for Barnstable County (Map Number 25001C0587J), the proposed gravel access driveway and stormwater infrastructure for the new design are located within FEMA Zone AE where base flood elevations have been determined at 11 feet NAVD 88. Section 310 CMR 10.04 of the WPA defines LSCSF as land subject to any inundation caused by coastal storms up to and including that caused by the 100-year storm, surge of record or storm of record, whichever is greater. The WPA does not have performance standards for LSCSF. Section 4.10 of the Yarmouth Wetlands Protection Bylaw Regulations define LSCSF as areas that extend up-gradient or landward from the ocean and the ocean’s estuaries that are subject to any inundation caused by coastal storms up to and including that caused by the 100-year storm, surge of record or storm of record, whichever is greater. Said boundary shall be the relevant 100 year storm elevation referenced within the latest available National Flood Hazard Layer (NFHL) Maps provided by the Federal Emergency Management Agency. The Velocity Zone (‘V zone’, also known as ‘VE zone') is a sub-area of LSCSF, with wave heights above 3 feet, said boundary is referenced in the NFHL. The area of Moderate Wave Action (‘MoWa’) is a sub-area of LSCSF, with wave heights between 1.5 and 3 feet, and said boundary shall be the Limit of Moderate Wave Action as referenced within the NFHL. The previous WCF design has been reviewed by the Yarmouth Conservation Commission and approved with the OOC issued on May 9, 2023. The new WCF design footprint is located in approximately the same location as the previous design, but has been shifted 22.4 feet to the west to reduce its visibility. The gravel access road into the compound is slightly larger, increasing by approximately 600 square feet, and shifting to the south approximately 15 to 20 feet. The new tower location and facility compound are now situated approximately one-foot up hill in elevation as compared to the previous design resulting in approximately 3,516 square feet of the proposed project footprint located within LSCSF under the new design. The approved design resulted in approximately 3,844 square feet of work within LSCSF (Note that the original NOI listed the impacts at 10,550 square feet which was the entire limit of work, not the actual amount within the resource area). This represents a decrease of approximately 328 square feet of work within LSCSF compared to the approved design submitted under the NOI. A such, the proposed project complies with the Yarmouth Wetlands Protection Bylaw Regulations performance standards for LSCSF. PROJECT NARRATIVE Request for Amended Order of Conditions 1044 Route 28 Wireless Communication Facility Yarmouth, Massachusetts 4 4.2 Stormwater Management Per the Massachusetts Department of Environmental Protection Stormwater Management Handbook, the Standard for a stormwater management system design to meet pre- and post-development peak discharge rates may be waived for discharges to LSCSF. In addition, peak flows generated by the tributary drainage basin to the stormwater management system are less than one cubic foot per second (CFS) and may be considered de minimis in nature. Therefore, a full peak discharge analysis was not conducted at this time; however, a Stormwater Management Drainage Summary was prepared by ProTerra Design Group, LLC, dated December 29, 2022 and revised March 4, 2026, for more detailed information. Prior to construction, erosion and sedimentation controls will be utilized and installed as shown on Sheet EC-1 of the Permitting Plans, typically along the downhill side of the limit of work. At the telecommunication compound, erosion controls will consist of staked straw bale/silt fence barriers, or Silt Soxx (where conditions do not allow stakes to be driven). A dewatering basin (utilized if required during construction) and concrete washout area are identified on the Permitting Plans. Erosion and sedimentation controls shall be repaired or replaced as deemed necessary during inspection, or as directed by the contractor or engineer. All erosion and sediment controls will be maintained throughout construction. The contractor is responsible for re-establishing any erosion control device that is disturbed during construction or observed to be failing. The contractor shall notify the engineer of any deficiencies in the established erosion control measures that may lead to unauthorized discharge or stormwater pollution, sedimentation, or other pollutants. Unauthorized pollutants include, but are not limited to, excess concrete dumping or concrete residue, paints, solvents, grease, fuel, lube oil, pesticides, and any solid waste materials. 5.0 SUMMARY The WCF will enhance wireless service coverage in the Town of Yarmouth and surrounding communities. The project has been revised to address the ZBA’s request to reduce the visibility of the WCF at 1044 Route 28 in Yarmouth, Massachusetts. The wireless communication tower has been revised to include a shorter steel monopole design, and the facility compound has been shifted to the west further into the existing woods on the parcel. None of the work related to the new design will involve impacts to streams, wetlands, or the 100-Foot Buffer Zone, although it will still occur within Land Subject to Coastal Storm Flowage, similar to the original design approved by the Conservation Commission in the OOC. It is LE’s opinion, based on our professional education, training, and familiarity with the project site, that the new WCF design will not have any permanent adverse effect on any interests identified in the Wetlands Protection Act or Town of Yarmouth Wetlands Protection Bylaw and are designed to minimize adverse effects on the local ecosystem. The basis for our opinion is as follows: • No work is proposed within Bordering Vegetated Wetlands, Inland Bank, Bordering Land Subject to Flooding, Land Under Water Bodies and Waterways, or other wetland resource areas, or the associated 100-Foot Buffer Zone. PROJECT NARRATIVE Request for Amended Order of Conditions 1044 Route 28 Wireless Communication Facility Yarmouth, Massachusetts 5 • Stormwater is being managed and treated as noted in the attached Stormwater Management Drainage Summary. • Erosion controls are proposed for the project to protect resource areas during construction. The proposed design achieves the goals of the Applicant, while being sensitive to adjacent regulated resource areas. Accordingly, the Applicant respectfully requests that the Conservation Commission consider a finding that the proposed design is adequately protective of the interests identified in the Wetlands Protection Act and Bylaw and issue an Amended Order of Conditions approving the project as described in this request and as shown on the attached Permitting Plans.