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HomeMy WebLinkAboutCOC request 2097 4.14.2026 Shorefront Consulting Professional Services on Land or At Sea 290 Center St., Dennis Port, MA 02639 www.shorefrontconsulting.com 508-280-8046 shorefrontconsulting@gmail.com Yarmouth Conservation Commission April 10, 2026 Attn: Brittany DiRienzo 1146 Route 28 South Yarmouth, MA 02664-4492 By hand delivery and email Re: Request for Certificate of Compliance and Statement of Compliance for SE83-2097 Proposed Bulkhead Replacement and Maintenance Dredging Thomas and Carolyn Couture 10 Kearsage Road South Yarmouth, MA 02664 Map 19, Parcel 65 On behalf of my client Carolyn Couture, please accept this request for a Certificate of Compliance for the above referenced project. The order was issued recorded on 2/14/2017 in Book 30299, Page 1. A site inspection was performed by Shorefront Consulting on April 10, 2026. Pictures of the gravel buffer strip are included with this request. Special condition #20 in the order requires a 2-foot buffer strip of native vegetation along the bulkhead. However, in a meeting with the commission held on 5/3/2018, the commission approved a gravel buffer for the project. A copy of the minutes is included with this request. In addition, a copy of an email from Kelly Grant to Tom Couture dated 5/4/2108 stating that the commission approved the gravel buffer strip is also included. The proposed bulkhead reconstruction work was completed in February of 2018. The bulkhead work was performed in accordance with the plan. The floats were modified to be 5’x40’ per the plan. There is a pervious walkway that was installed from the deck steps to the bulkhead/dock which was not shown on the original permit plan. It appears that the walkway was installed by October of 2018 (Google Earth). There are no other deviations from the plan observed during the time of inspection. An As-built plan prepared by Shorefront Consulting and stamped by Existing Grade is included with the Certificate of Compliance request. Therefore, we certify that the work that was completed was performed in accordance with the order of conditions and plan of record provided with the exception as noted. The project has been completed in accordance with the Order of Conditions, and all Special Conditions contained in SE-83-2150 issued on 3/26/18. Attached please find Yarmouth form WPA-8A Request for Certificate of Compliance, photos of the completed project, and a check for $150 made payable to the Town of Yarmouth. Please include this request in your next public hearing. The original Certificate of Compliance should be mailed to Shorefront Consulting for recording. If there are any questions or concerns regarding this request, please contact me as soon as possible. Sincerely, Mark Burgess Shorefront Consulting Enclosures: As Stated cc: Carolyn Couture (Applicant) Ed Gless, P.E. CONSERVATION e All filings must be made on Town of Yarmouth forms. e All applications must be submitted two weeks prior to the next scheduled Conservation Commission meeting.Refer to Meeting Schedule. Failure to follow the Administrative Checklist shall result in an Administrative Incomplete Application and will not be scheduled for a Public Hearing. Contact the Conservation Office if you need assistance. Submitting an Application: NS Nv by |e|Hardcopy of the COC application mailed to or dropped off at the conservation Office In Town Hall. Signed statement from an Engineer or similar professional who prepared the approved plan stating the date of a recent site inspection and certifying compliance with the permit and outlining departures from the approved plan,if any exist. addi PlacTyuss ware I ile slang The Wa?Prpety Line (hd sore why If mitiga ian planting was required,include planting date an confirm the equired ») time has elapsed’. As-Built plan —*Refer to issued Order of Conditions:Special Conditions to determine if required*. PDF of the COC request including application,letter,and as-built plan (if needed) emailed to bdirienzo@yarmouth.ma.us and jjerolimo@yarmouth.ma.us Local filing fee.Refer to the Fee Schedule.Make check payable to “Town of Yarmouth” and include property address in memo. All forms,Fee Schedule and Meeting schedule can be found at https ://www.yarmouth.ma.us/696/Filing-Forms. *Click Yarmouth Street Index for parcel-related Conservation documents. Yarmouth Conservation Commission ¢1146 Route 28 e South Yarmouth,MA 02664-4492 Rev 12/2025 Tel.(508)-398-2231 Ext.1288 ¢Fax (508)-398-0836 ©TTD#(508)398-2231 ©bdiriezno@yarmouth.ma.us wpaform8a.doc •• rev. 5/29/14 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 8A – Request for Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-law, Chapter 143 DEP File Number: SE83-2097 Provided by DEP A. Project Information Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. 1. This request is being made by: Carolyn Couture Name 17 Red Bridge Lane Mailing Address South Hadley City/Town MA State 01075 Zip Code 413-210-4236 Phone Number 2. This request is in reference to work regulated by a final Order of Conditions issued to: Thomas & Carolyn Couture Applicant 1/25/2017 Dated SE83-2097 DEP File Number Upon completion of the work authorized in an Order of Conditions, the property owner must request a Certificate of Compliance from the issuing authority stating that the work or portion of the work has been satisfactorily completed. 3. The project site is located at: 10 Kearsarge Road Street Address South Yarmouth City/Town Map 19 Assessors Map/Plat Number Parcels 65 & 64 Parcel/Lot Number 4. The final Order of Conditions was recorded at the Registry of Deeds for: Thomas & Carolyn Couture Property Owner (if different) Barnstable County 30299 Book 1 Page Document # 1342695; Certificate #194801 Certificate (if registered land) 5. This request is for certification that (check one): the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. the following portions of the work regulated by the above-referenced Order of Conditions have been satisfactorily completed (use additional paper if necessary). the above-referenced Order of Conditions has lapsed and is therefore no longer valid, and the work regulated by it was never started. wpaform8a.doc •• rev. 5/29/14 Page 2 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 8A – Request for Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-law, Chapter 143 DEP File Number: SE83-2097 Provided by DEP A. Project Information (cont.) 6. Did the Order of Conditions for this project, or the portion of the project subject to this request, contain an approval of any plans stamped by a registered professional engineer, architect, landscape architect, or land surveyor? Yes If yes, attach a written statement by such a professional certifying substantial compliance with the plans and describing what deviation, if any, exists from the plans approved in the Order. No B. Submittal Requirements Requests for Certificates of Compliance should be directed to the issuing authority that issued the final Order of Conditions (OOC). If the project received an OOC from the Conservation Commission, submit this request to that Commission. If the project was issued a Superseding Order of Conditions or was the subject of an Adjudicatory Hearing Final Decision, submit this request to the appropriate DEP Regional Office (see http://www.mass.gov/eea/agencies/massdep/about/contacts/find-the-massdep-regional-office- for-your-city-or-town.html). West end of bulkhead showing rip-rap and wrack where the 3-foot extension is proposed; (not to extend into the marsh) Existing bulkhead and yard showing gravel areas of slumping Carolyn Couture, 10 Kearsage Road, Yarmouth—BEFORE PICTUES (12/6/2016) View from the existing platform; both MHW and MLW are forced against bulkhead Existing back yard to be re-graded with dredge spoils Post-construction vegetated buffer on west side of lawn As-built bulkhead and yard showing gravel buffer Carolyn Couture, 10 Kearsage Road, Yarmouth—AS-BUILT PICTURES (4/10/26) Post-construction new vegetated buffer (use flag pole as reference for distance to house) Existing west bulkhead return; (east return is buried) Existing modified floats to be 5’x40’ (200 sq. ft.) As-built filled back yard and pervious walkway Carolyn Couture, 10 Kearsage Road, Yarmouth—AS-BUILT PICTURES (4/10/26) Existing pervious walkway Existing modified floats to be 5’x40’ (200 sq. ft.) On 6/7/2018,on a motion by Commissioner Luttazi,seconded by Commissioner Durkin,the Commission voted 3-0,(2 abstain)to approve these minutes as presented. CONSERVATION COMMISSION MEETING MINUTES May 3rd,2018 Members Present:Rick Bishop,Tom Durkin,Cris Luttazi,and Philip Johnston, Member(s)Absent:Ellie Lawrence and Megan Schlesinger. Staff:Kelly Grant —Conservation Administrator Start Time:6.30pm The meeting opened at 6.54pm due to delay in achieving quorum. Request for Determination of Applicability: David &Leslie Forg,30 Whale Road,West Yarmouth,proposed replacement and enlargement of decks and rails;replacement of a walkway;removal of a dune platform;replacement of sand fence.Mr.Gary Ellis and Mr.Brad Hall represented the applicant and presented the proposed work.The intent is to install footings for the deck to make it more flood resistant.Mr.Hall said the dune is active and well vegetated.The deck on the dune is impacting the dune and will be removed.Commissioner Durkin confirmed that the three stories of deck will be rebuilt and the walkway will be on diamond piers. Commissioner Luttazi clarified the area proposed for the deck extension.She confirmed the sand fencing shall not be sturdy fence and will allow for passage of nesting birds,that plantings should be 36”on center in the area of the platform and requested that the sand fencing shall be installed after September 48, Commissioner Luttazi made a motion to issue a Negative 2 determination,with conditions for sand fencing to be installed after September 1*,planting of beach grass culms 36”on center in the area of the platform being removed.Seconded by Commissioner Durkin.Motion carries unanimously. Bass River Yacht Club,Inc.,22 Frothingham Way,South Yarmouth,proposed repair and replacement of wooden decking and handrails of existing pier.Mr.Matthew Fitzsimmons,Commodore of the Bass River Yacht Club represented the applicant and presented the proposed work.Commissioner Luttazi asked if the hand rails are being replaced.Mr.Fitzsimmons confirmed the decking and hand railings are being replaced and the hand railing will be coated with PVC to reduce splinters.Commissioner Luttazi made a motion to issue a Negative 2 determination,Seconded by Commissioner Durkin.Motion carries unanimously. Notice of Intent: Cont.from 12/21/2017,1/11/2018,1/18/2018,2/1/2018,2/15/2018,3/1/2018,and 3/15/2018,4/5/2018, 4/19/2018,SE83-2135,Town of Dennis,Bass River,proposed 10-year Comprehensive Dredge and Beach Nourishment Plan for Bass River.The applicant requested a continuance to the May 17"meeting as NHESP comments have not been received.Commissioner Durkin made a motion to continue to May 17,Seconded by Commissioner Luttazi.Motion carries unanimously. Cont.from 4/19/2018,SE83-21 Welch,Robert,8 Jannor Way,West Yarmouth,MA,proposed construction of a new 5-bedroom dwelling,driveway,utilities,Title 5 septic,and appurtenances.Mr.Robin Wilcox represented the applicant and presented the proposed work.NHESP comments have not been received for the project. Page 1 of 3 On 6/7/2018,on a motion by Commissioner Luttazi,seconded by Commissioner Durkin,the Commission voted 3-0,(2 abstain)to approve these minutes as presented. Commissioner Durkin commented that the area between the proposed structure and the pond is well vegetated,and there may be temptation to remove vegetation in the future to enhance the view.He requested a condition that no vista pruning be carried out without prior approval of the Commission.He also asked about shrinking the driveway to move it out of the mapped NHESP habitat.Mr.Wilcox responded that this is the minimum size needed to allow a comfortable turning circle for vehicles. Commissioner Luttazi asked how residents will access the shoreline and if there is a pathway proposed. Mr.Wilcox responded that no path is proposed at this stage but the plans will likely change as the project develops.Any changes to the plan will be brought to the Commission for review.Commissioner Luttazi asked if the inside radius of the driveway turn around will be cleared.Mr.Wilcox responded that this is likely as it is the construction entrance.Commissioner Luttazi expressed concern at issuing an Order without NHESP comments. Commissioner Luttazi made a motion to continue the hearing to May 17"to allow for NHESP comments. Seconded by Commissioner Durkin.Motion carries unanimously Request for Certificate of Compliance: Cont.from 12/7/2017,12/21/2017,1/18/2018,2/1/2018,and 4/19/2018,SE83-942,11 Elizabeth Lane, West Yarmouth.Commissioner Durkin made a motion to continue to June 7*to allow for the plantings to be completed.Seconded by Commissioner Luttazi.Motion carries unanimously SE83-1262,5 New Hampshire Ave.,West Yarmouth.The work never taking place,Commissioner Durkin made a motion to issue a Certificate of Compliance.Seconded by Commissioner Luttazi.Motion carries unanimously. SE83-1409,5 New Hampshire Ave.,West Yarmouth.Mr.Matt Fitzsimmons represented the applicant and presented the request.Owner Ms.Karen Flanagan Lee was also present.Mr.Fitzsimmons summarized the Order issued for the project.Most of the work was completed as per the Order with the exception of the concrete slab under the structure and the proposed relocated driveway.He stated the drywells were not necessary as the proposed concrete slab was not installed.The CA confirmed that the Engineer's statement was necessary to complete the application and confirm compliance with the Order of Conditions.The Commission discussed issuing a COC contingent upon receipt of the written statement.Commissioner Durkin made a motion to issue a Certificate of Compliance contingent on the written statement being received prior to the Certificate of Compliance being issued by the CA. Seconded by Commissioner Luttazi.Motion carries unanimously SE83-1997 125 and 129 Mayflower Terrace,Yarmouth.The work being completed as per the approved plan,Commissioner Durkin made a motion to issue a Certificate of Compliance.Seconded by Commissioner Luttazi.Motion carries unanimously Request for Approval of an Updated Plan: SE83-2041,66A River Street,Yarmouth.Mr.Seth Wilkinson of Wilkinson Ecological represented the applicant and presented the proposed changes.Also present was property owner Mr.Jeff Chizmas.The primary change from the previous plan presented is to allow the rosa rugosa to be cut to 3 to 4 inches inlatesummer/fall to allow removal and treatment of invasive honeysuckle and bittersweet.Also proposed is the removal of a 3-5 foot strip of rosa rugosa to provide a buffer to the restoration plantings from colonizing rosa rugosa in the now lawn area.Commissioner Johnston asked if inter-planting is proposed. Mr.Wilkinson responded that no inter-planting is proposed.The rosa rugosa will thrive with annual cutting.Commissioner Johnston asked for confirmation that the rosa rugosa will be cut in the fall and then regrow in the spring.Mr.Wilkinson responded that it would be cut in the fall after the flowering period.It Page 2 of 3 On 6/7/2018,on a motion by Commissioner Luttazi,seconded by Commissioner Durkin,the Commission voted 3-0,(2 abstain)to approve these minutes as presented. will then begin growing again in the spring.The CA asked if cutting the rosa rugosa in the fall would leave the dune susceptible to erosion during winter storms.Mr.Wilkinson responded that it would not as thatch and wind drop material would remain to protect the location from wind erosion.The invasive species would do more damage if allowed to spread.Commissioner Durkin expressed concern with allowing a maintenance plan in perpetuity.Mr.Wilkinson responded that the project would be reviewed in 3 years when a COC is requested and ongoing conditions may be applied.Commissioner Bishop suggested a site visit in the fall of 2019 to assess the progress on the project before further cutting is carried out. Commissioner Luttazi made a motion to approve the updated pian with a site visit in the fall of 2019 to assess the progress on the project before further cutting is carried out.Seconded by Commissioner Durkin.Motion carries unanimously. Other Business: Multi-year invasive species management plan request for conservation funding —The CA presented the request for additional funding for the multi-year plan to a total of $15,350 to be funded from the Conservation Fund (refer to Memo dated April 24,2018).Commissioner Luttazi made a motion to approve the requested funding.Seconded by Commissioner Durkin.Motion carries unanimously. Request for Letter of Support for Municipal Vulnerability Preparedness (MVP)Grant application.The CA presented a request for a letter of support for the Town's application to the state for funding for an MVP planning grant.Commissioner Luttazi made a motion to support the application.Seconded by Commissioner Durkin.Motion carries unanimously. Meeting Minutes: 4/5/2018 -The minutes not being reviewed,this item is continued to the May 17"meeting 4/19/2018 -The minutes not being ready,this item is continued to the May 17"meeting Staff Updates: Commissioner Durkin suggested that pyrethrum spray should be available to staff and committees for use when in the field for protection from ticks. Commissioner Durkin made a motion to adjourn at 8.50pm.Seconded by Commissioner Johnston. Motion carries unanimously. Page 3 of 3 From:Grant,Kelly Sent:Friday,May 4,2018 8:24 AM To:‘Tom Couture’ Subject:RE:Planting list Hi Tom Thanks Kelly Grant Conservation Administrator Town of Yarmouth 508-398-2231 Ext 1288 kgrant@yarmouth.ma.us From:Tom Couture [mailto:TCCouture@tighebond.com] Sent:Friday,May 4,2018 8:01 AM To:Grant,Kelly Subject:RE:Planting list Hi Kelly,|hope all is well. Have you had a chance to ask the Commission if it would be acceptable to just put in a stone buffer along the new bulkhead without plantings similar to my 6 neighbors just up the river? We like the appearance of a clean looking buffer. Thank you in advance. From:Grant,Kelly [mailto:KGrant@yarmouth.ma.us] Sent:Monday,April 30,2018 12:11 PM To:Tom Couture <TCCouture@tighebond.com> Subject:RE:Planting list Hi Tom |think those properties asked to be allowed to use a stone buffer instead.|can ask ConComm if they would be OK with that at your property.Do you use fertilizers on the property? The beach grass would be fine for the buffer strip otherwise. Kelly From:Tom Couture [mailto:TCCouture@tighebond.com] Sent:Monday,April 30,2018 10:26 AM To:Grant,Kelly <KGrant@yarmouth.ma.us> Cc:Tom Couture <TCCouture@tighebond.com> Subject:FW:Planting list Good morning Kelly. This weekend |walked my neighborhood and there were 6 new bulkheads installed in one canal alone along the Parkers Rivers,and none had any plantings in the buffer zone.Is planting in the buffer zone a “new”requirement? |met with Coy Brook Landscaping regarding final grading etc.and they asked if “sea grass” would be acceptable?We have a couple different species of sea grass now and they do very well,can take the salt air/spray,etc.Is sea grass acceptable? Kelly,|would appreciate your advice on this matter. Thank you. From:Tom Couture Sent:Friday,April 27,2018 1:17 PM To:Tom Couture <TCCouture@tighebond.com> Subject:FW:Planting list From:Grant,Kelly [mailto:KGrant@yarmouth.ma.us] Sent:Friday,April 27,2018 10:47 AM To:Tom Couture <TCCouture@tighebond.com> Subject:Planting list Hi Tom Here are the plant lists as requested.The first is for trees and shrubs and the second is a new list for herbaceous plants. It says draft still but |you will be OK to pick from this list. Thanks Kelly Grant Conservation Administrator Town of Yarmouth 508-398-2231 Ext 1288 kgrant@yarmouth.ma.us