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HomeMy WebLinkAboutVariance request 3.13.2026 Engineers Environmental Scientists Software Developers Landscape Architects Planners Surveyors 349 Main Street, Route 28, Unit D / West Yarmouth, MA 02673 / 508-778-8919 MARCH 13, 2026 www.bscgroup.com Town of Yarmouth 1146 Route 28 South Yarmouth, MA 02664 Attn: Brittany DiRienzo, Conservation Administrator RE: Variance Request Under Town of Yarmouth Wetland Protection Regulations Associated with Notice of Intent for Proposed Deck Expansion at 146 Mayflower Terrace, South Yarmouth, MA, BSC Job #0101231.02 Dear Yarmouth Conservation Commissioners, BSC Group, Inc. (BSC) is pleased to submit this request for variance of the performance standards under Part 6 of the Yarmouth Wetlands Protection Regulations for Buffer Zone requirements; specifically, parts 6.01(2), 6.02(1) and 6.02(3). The proposed project is to expand an existing elevated deck at the back of the house, with an attached stairway to provide access to the ground level. The existing deck is ±194 sf and the proposed expansion will create ±217 sf of new deck for a total deck size of ±411 sf. The deck is located within the Buffer Zone to Salt Marsh and Coastal Bank. The applicant is proposing ±1,112 sf of native mitigation plantings in an area of existing lawn as close to the Salt Marsh as possible and within the Coastal Bank. Therefore, the applicant is proposing to mitigate for the proposed impacts from the deck expansion at a ratio of just over 5:1. The proposed mitigation plantings will enhance the buffer between maintained lawn and Salt Marsh, enhance the stability of the Coastal Bank, and improve the habitat quality of this portion of the site. The text below describes the performance standards which this application is seeking a variance from: 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, so a 35- foot undisturbed buffer to the top of Coastal Bank cannot be retained. The Coastal Bank itself exists mostly as maintained lawn and therefore is already disturbed. The applicant is proposing to replace ±1,112 sf of lawn within the Coastal Bank with native mitigation plantings. This will enhance the stability of the Coastal Bank and improve its function as a vertical buffer to the adjacent upland from storm damage and flooding. 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" Response: The proposed project involves expansion of an existing deck with attached stairway. The existing deck and the proposed expansion of the deck is entirely located within the 0’-50’ Buffer Zone to top of Coastal Bank. The proposed deck expansion is ±217 sf within the 0’-50’ Buffer Zone. The area where the deck expansion is proposed exists as maintained lawn and is therefore already disturbed. Expansion of the deck will not degrade an undisturbed area of buffer zone. 349 Main Street, Route 28, Unit D / West Yarmouth, MA 02673 / 508-778-8919 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: 6.02(3)(c) states that if a variance is sought for proposed work within the 35’ Buffer Zone then the amount of mitigation required will be determined at the Commission’s discretion. The entire proposed deck expansion is located within the 0’-35’ Buffer Zone to top of Coastal Bank. The applicant is proposing ±1,112 sf of mitigation for the deck expansion of ±217 sf of new deck. This is a ratio of over 5:1 for mitigation to new impacts. The Coastal Bank at the Site does not act as a sediment source to coastal beaches, coastal dunes or barrier beaches. The coastal bank does act as a buffer or natural wall, which protects adjacent upland areas from storm damage and flooding. The proposed project which involves expanding the existing elevated deck and adding an associated elevated stairway will not adversely affect the Coastal Bank’s ability to act as a vertical buffer to protect adjacent upland areas from storm damage and flooding and is not anticipated to destabilize the Coastal Bank. Additionally, the proposed 1,112 sf of native mitigation will serve to improve the stability of the Coastal Bank and make it less susceptible to erosion, which will improve its ability to protect inland areas. It is not anticipated that the proposed deck expansion will result in any significant negative impacts to jurisdictional resource areas and their natural functions. Therefore, it is requested that these performance standards be waived to approved the elevated deck expansion as proposed. If you have any questions or require additional information, please contact our office at (508) 778 – 8919 or via email at hraddatz@bscgroup.com. Sincerely, BSC Group, Inc. Hannah Raddatz Ecologist, Associate