HomeMy WebLinkAboutNarrative rev 3.18.2026PROJECT NARRATIVE
Notice of Intent
961 Pheasant Cove Circle
Yarmouthport, MA 20 26
Project Overview
The applicant respectfully submits this Notice of Intent application in support of
constructing an addition to an existing single-family dwelling located at 61 Pheasant
Cove Circle. The subject property contains 16,295 square -feet of upland area and is
situated within a single-family residential zoning district. The site is currently
developed with a 3-bedroom single-family dwelling, originally constructed in 1995
per the Town Assessor's records. A Bordering Vegetated Wetland (BVW) occupies
the north and northeast portions of the property, and the entirety of the parcel falls
within Land Subject to Coastal Storm Flowage, specifically within flood zones AE
(AE el. 14) and (VE el. 16) within the Limits of Moderate Wave Action. All proposed
work will take place outside of Flood Zone (VE el. 16). It should be noted that no
work is proposed within any areas mapped as Priority Habitat or Estimated Habitat
for Endangered Species by the Massachusetts Natural Heritage and Endangered
Species Program (NHESP).
Proposed Work
The project proposes the construction of an addition that will expand the existing
dwelling's footprint. The proposed garage addition will be located entirely within the
100-foot buffer to the BVW. The existing gravel driveway will be reconfigured to
accommodate the new garage addition, a portion of which is situated within the 100-
foot buffer zone. All proposed work will occur within previously developed areas or
areas of existing lawn and landscaping.
A Request for Determination of Applicability was filed on October 20, 2025 in
support of a 120 square foot addition off the existing garage, for which a negative
determination was issued on November 12, 2025. The Conservation Commission
established two conditions in connection with the approval. The first condition being
the required mitigation for the proposed addition be incorporated into a subsequent
Notice of Intent filing. The second condition being to include an after -the -fact filing
for the existing boardwalk, which extends approximately 43.5 feet into the BVW. The
boardwalk is approximately three feet wide and ends at a 546ot by 6-foot platform.
The boardwalk was constructed using spaced cedar planks on a wooden frame
supported by concrete deck footings, with the spaced decking allowing filtered
sunlight to reach the ground below. Mitigation has been provided for the existing
boardwalk and its associated hardscape at a ratio of 4:1.
To manage stormwater runoff, the project includes the use of a drainage trench
designed to capture and infiltrate stormwater runoff onsite. This improvement will
reduce drainage impacts to the resource areas compared to existing conditions. The
existing septic system will remain in service, as there is no proposed increase in the
number of bedrooms.
To offset the proposed increase in hardscape within the 100-foot buffer zone and the
BVW, the project includes 2,125 square feet of native plantings within existing
disturbed areas. The Planting Plan dated March 16, 2026, and Site Plan dated March
16, 2026, both prepared by Down Cape Engineering, Inc., illustrate the mitigation
areas, planting schedule, and proposed hardscape increases. These plans are included
with this application.
310 CMR 10.55 Bordering Vegetated Wetland
A Bordering Vegetated Wetland (BVW) occupies the north and northeast portions of
the property. The wetland was flagged by Bradford Hall of BLH Environmental
Consulting on March 9, 2026. The wetland flags were located by Down Cape
Engineering, Inc. during a field survey of the property. To protect the resource area
during construction, a silt fence work limit line is proposed along the 50-foot buffer to
the BVW. These erosion control measures will be installed prior to commencement of
site work and maintained until all disturbed areas have been stabilized.
An existing cedar plank boardwalk, constructed on a pressure -treated timber frame,
supported by concrete sonotubes, was constructed within the BVW without prior
Conservation Commission approval. The walkway extends approximately 43.5 linear
feet into the wetland at a width of approximately three feet, terminating at a 5-foot by
6-foot platform. The total walkway footprint within the BVW is approximately 141
square feet. The walkway is elevated on sonotubes with approximately 2 to 6 inches
clearance between the deck frame and existing grade along the walkways and 9 inches
of clearance at the end platform. Native wetland vegetation was removed during
construction to accommodate the structure and its supporting elements. The limited
clearance beneath the walkway is insufficient to allow for the re-establishment or
maintenance of wetland vegetation beneath the structure, effectively resulting in an
alteration of the BVW within the walkway footprint.
Pursuant to 310 CMR 10.55(4)(b) and the Town of Yarmouth Wetlands Protection
Bylaw Sections 5.02(3) and 5.06, mitigation is proposed to compensate for the altered
wetland area in accordance with the applicable performance standards. To offset the
141 square feet of BVW impacted by the existing walkway, the applicant proposes to
establish a wetland replication area at a ratio of 4:1, as depicted on the accompanying
site plan. The replication area will be established along the upland edge of the existing
wetland boundary at similar elevations to those of the impacted area, and will be
configured to connect into the existing BVW edge to establish a contiguous planting
area. Proposed plantings consist of native wetland species selected from the Cape Cod
Cooperative Extension native plant list.
The existing walkway is not located within any areas mapped as Priority Habitat or
Estimated Habitat for Endangered Species by the Massachusetts Natural Heritage and
Endangered Species Program (NHESP), nor within any area designated as an Area of
Critical Environmental Concern. With the proposed mitigation areas, the BVW is
expected to function without adverse impact, restoring wetland capacity and
providing an expanded vegetated buffer. No impairment to the BVW beyond the
existing walkway footprint is proposed as part of this filing.
Land Subiect to Coastal Storm Flowage
The property is located within Land Subject to Coastal Storm Flowage (AE el. 14)
and (VE el. 16) within the Limits of Moderate Wave Action per the FEMA National
Flood Hazard Layer. The proposed addition will be located entirely outside of Flood
Zone (VE el. 16).
The proposed foundation design incorporates flood -resistant construction methods.
Approximately 21 cubic yards of fill is proposed to accommodate the proposed
addition. Existing site grades will be substantially maintained. All disturbed areas will
be loamed and seeded upon completion of construction activities. Based on the
proposed design, no adverse impacts to the resource area are anticipated during
flooding events.
The existing walkway falls within Land Subject to Coastal Storm Flowage (VE el. 16)
and is subject to the general performance standards set forth under Town of Yarmouth
Wetlands Protection Bylaw Section 4.10(3)(a). The existing structure is a narrow
pedestrian walkway elevated on individual sonotubes with no fill, and no enclosure.
The cedar plank decking contains open gaps that permit drainage through the deck
surface. The walkway, as a structure elevated on concrete sonotubes, does not
constitute fill and does not reduce the capacity of the land to absorb and contain
floodwaters. The elevated, open -frame construction does not redirect, channelize, or
increase flood velocity at the project site or on adjacent properties. The clearance
beneath the decking allows for the passage of floodwaters and wildlife beneath the
structure, consistent with the Bylaw's requirement that solid structures be elevated to
allow passage. No solid fencing, privacy walls, or other flood -obstructing structures
exist. Existing soils and vegetation beyond the walkway's footprint are preserved in
their natural condition, maintaining their function as buffers to coastal flooding and
storm surge.
The existing walkway constitutes "new construction" within the V Zone as defined
under Bylaw Section 4.10(3)(b)(i). The existing walkway is an independent structure,
set apart from the existing dwelling and its associated structures. The walkway does
not include retaining walls, fences, seawalls, or any other element that redirects or
channelizes floodwaters, and therefore does not conflict with Section 4.10(3)(b)(ii).
The applicant understands that the existing walkway constitutes "new construction"
within a V Zone where no new construction or expansion of structures is permitted.
The applicant is prepared to work with the Commission to identify any additional
conditions necessary to bring the existing walkway into substantial compliance,
including such relief as may be required under the Bylaw.
Construction Protocol
All construction equipment will access work areas through the existing gravel
driveway. Prior to commencement of any site work, the surveyor will place work
limit stakes in accordance with the approved plans. The contractor will install and
maintain a silt fence, along the designated work limit line. The construction sequence
will proceed as follows: (1) installation of erosion controls; (2) excavation and
construction of new foundation; (3) completion of addition construction; and (4) final
site stabilization. Erosion and sediment control measures will remain in place and be
properly maintained until all disturbed areas have been stabilized with loam and seed.
Mitigation Calculations Under Yarmouth Wetland Protection Bylaw 6.02
The subject site contains an existing disturbed 50-foot buffer. The applicant is
proposing an increase in hardscape of 466 square feet within the 50-100-foot buffer.
In connection with the previously filed Request for Determination of Applicability, an
additional 480 square feet of mitigation is required for the approved 120-square foot
addition. The previously permitted work, and proposed addition require 1,412 square
feet of mitigation. The existing boardwalk is situated within the 35-foot buffer zone,
with a portion extending into the BVW. Mitigation is provided for the boardwalk and
its associated hardscape at a ratio of 4:1, yielding a total of 672 square feet of required
mitigation. In total, the project proposes 2,125 square feet of mitigation based on the
calculated mitigation requirements. The plantings are proposed in a low section of the
property within the 0-50 foot buffer within an existing disturbed landscaped area. The
Site Plan and Planting Plan prepared by Down Cape Engineering, Inc., delineate the
proposed work, mitigation calculations, and planting details.