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HomeMy WebLinkAboutNarrative 3.19.2026Notice of Intent 146 Mayflower Terrace Yarmouth, Massachusetts PROJECT DESCRIPTION 1.0 INTRODUCTION The proposed Project is located at 146 Mayflower Terrace, in South Yarmouth, MA (the Site) involves expanding the existing elevated back deck and adding a stairway to provide access from the deck to the ground level (the Project). This application is being submitted in accordance with the Massachusetts Wetlands Protection Act 310 CMR 10.00 (WPA) and the Town of Yarmouth Wetland Protection Bylaw and Regulations (the Yarmouth Bylaw). 2.0 SITE DESCRIPTION The Site is bordered by single-family homes to the northwest, northeast, and southeast, with Dinah’s Pond to the southwest, which leads to Kelley's Bay. On the Site, a narrow salt marsh runs along the concrete and stone retaining wall and ends landward of MLW of Dinah’s Pond. The proposed project falls within the following areas of conservation jurisdiction that are protected under the WPA and the Bylaw include: • 100-foot Buffer Zone to Salt Marsh • 100-foot Buffer Zone to Coastal Bank 3.0 PROPOSED ACTIVITIES The proposed project involves the expansion of an existing back deck and addition of a stairway within the footprint of the expanded deck. The existing deck is ±194 sf and the proposed expansion will create ±217 sf of new deck and stairs, for a total structure of ±411 sf. The proposed project activities will be located within the Buffer Zones to Coastal Bank and Salt Marsh. Table 1 below details the existing and proposed impacts from the deck. All proposed work is located landward of Land Subject to Coastal Storm Flowage. Table 1. Summary of Impacts Associated with Existing and Proposed Deck Resource Area Existing Deck Proposed Deck Increase 0'-50' Buffer to Coastal Bank ±194 ±411 ±217 50'-100' Buffer to Coastal Bank 0 0 0 0'-50' Buffer to Salt Marsh ±137 ±204 ±67 50'-100' Buffer to Salt Marsh ±57 ±150 ±20 The applicant is proposing to mitigate for the proposed deck expansion by providing native mitigation plantings along the seaward edge of existing lawn over an area of ±1,112 sf. Mitigation is being proposed at a ratio of 5:1. A landscape plan prepared by LeBlanc Jones Landscape Architects, Inc. details the proposed mitigation plantings and includes species listed in Table 2 below. Table 2. Summary of Proposed Native Plantings Common Name Scientific Name Qty Spacing Sweet fern Comptonia peregrina 21 3' OC Winterberry Ilex verticillata 3 4' OC Beach plum Prunus maritima 5 5' OC Virginia rose Rosa virginiana 12 3' OC Notice of Intent 146 Mayflower Terrace Yarmouth, Massachusetts 4.0 COMPLIANCE WITH PERFORMANCE STANDARDS UNDER THE YARMOUTH BYLAW The proposed project is located within the Buffer Zone to Salt Marsh and Coastal Bank. Below is a discussion of conformance with the applicable performance standards included in the Yarmouth Wetlands Protection Regulations. A variance request is also included with this NOI application for work within the 0-35-foot Buffer Zone Coastal Bank. Please see attached variance request letter detailing performance standards that the proposed project does not meet. Yarmouth Wetland Protection Regulations Part 6.01 (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: Response: The proposed project does not involve any "new" structures. The proposed work is to expand an existing elevated deck with attached stairway, so this performance standard does not apply to the project. Part 6.01 (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 t he 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. Response: The proposed project is to expand an existing minor structure (deck). The existing deck is already partially located within the 35' Buffer Zone to top of Coastal Bank, and a portion of the proposed deck expansion is also located within the 35' Buffer Zone to top of Coastal Bank. No portion of the Buffer Zone to Coastal Bank is naturally vegetated within the bounds of the property. However, the proposed project does not meet this performance standard and a variance request from this regulation is being sought. Please see the attached variance request letter. Part 6.01 (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 Notice of Intent 146 Mayflower Terrace Yarmouth, Massachusetts (f) Mulch, other than for temporary ground stabilization for one growing season. Groundcover plantings are to be used for permanent stabilization and weed control. Response: If irrigation is used for the mitigation area it will be temporary. Similarly, if mulch is used within the mitigation area to cover disturbed ground it will be temporary for stabilization for one growing season. No lawn or landscaping will occur within this mitigation area, and no use of fertilizers or pesticides is proposed within this area. This performance standard is met. Part 6.01 (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 Response: If irrigation is used for the mitigation area it will be temporary. No fertilizers or pesticides are proposed. This performance standard is met. Part 6.01 (5) Lawns… Response: The proposed project does not involve installing any new lawn. rather a portion of lawn will be removed and replaced with native plants. This performance standard is met. Part 6.02 (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. Response: A 35-foot undisturbed Buffer Zone to the top of Coastal Bank does not exist at the Site currently. The Coastal Bank primarily consists of a maintained lawn and therefore is already disturbed. However, this performance standard is not met and a variance request from this regulation is being sought. Please see the attached variance request letter. Part 6.02 (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. Response: A 50-foot undisturbed buffer zone does not exist prior to the proposed work. Therefore, this performance standard does not apply to the proposed project. Notice of Intent 146 Mayflower Terrace Yarmouth, Massachusetts Part 6.02 (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. (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. (c) Where a variance is sought for proposed work within the 35-foot buffer, mitigation shall be determined at the commission’s discretion. (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. Response: The proposed project does not meet this performance standard and therefore, a request for variance from this regulation is being sought. Please see attached variance request letter. Part 6.02 (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. (b) The recommended plant spacing and densities will be used as shown on the approved plant lists available on the conservation website (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. Response: All proposed mitigation area plants are listed on the approved plant lists posted on the Conservation website with the exception of Rosa virginiana, which is native to eastern North America. The approved plant list does include Rosa carolina, which can be substituted for the proposed Rosa virginiana if the Commission desires. Notice of Intent 146 Mayflower Terrace Yarmouth, Massachusetts 5.0 MITIGATION Erosion controls (straw wattles or similar) will be installed along the limit of work line. Any debris going beyond the limit of work line will be immediately removed by hand and disposed of in a roll off container. The roll off container will be placed near the street as far from resource areas as possible and debris will be removed regularly to reduce the likelihood of windblow debris around the Site. Following construction, all building materials will be removed from the Site. Any disturbed area within the project site will be stabilized with grass seed and topped with straw mulch to protect the soil and seed until the area is sufficiently stabilized. The applicant is proposing a 1,112 sf native mitigation planting area as close to the Salt Marsh as possible and within Coastal Bank. The mitigation plants will serve to improve the buffer between the maintained lawn and the salt marsh, will improve the stability of the Coastal Bank, and will enhance the habitat quality of this portion of the Site.