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HomeMy WebLinkAboutNarrative 5.5.2026Notice of Intent Thomas Dandis, 7 Cape Isle Driver S. Yarmouth Perrormanee %#lords Narrative, Alternatives Analysis, and Constraetion Pnotoaul Property Description The property is located en Parkers River, a tidal river that leads to Nantucket sound. The project site is approximately 2,000 feet inland from Nantucket Sound. The property is located on the eastem shore of the river, in one of the lagoons off the main channel of flow for the river. The property has an existing single family dwelling. The assessors records indicate that the dwelling was built in 1980_ Refer to the permitting history be]ow. The area landward of the existing bulkhead consists of an existing 4' wide planted buffer along most of the bulkhead. There are two additional planted areas by the dwelling (and inside the 35-foot buffer) fora total of400+1-square feet of planted buffer. There is lawn landward of the buffer back to the decks and the dwelling. The property is in Land Subject to Coastal Storm Flowage, below the food elevation, where no coastal bank exists. The existing bulkhead is in the process of failing, The sheeting has holes at the mudline in several places, as evidenced both visually by the timber and by the presence of several "sink holes" along the wall. These holes are filled each year, and get bigger and more frequent as time passes, which is typical for a bulkhead this old. This process will continue until the wall collapses from failure of the sheeting, introducing large amounts of sediment into the waterway, and leaving the property vulnerable to erosion again. The wall extends to two adjacent bulkheads. There is an upper and lower duck which is permitted, There is also a patio that was constructed at some point which is a total of 0 +/- square feet. The patio does not appear- to be permitted at this time. The licensed configuration for the waterfront ConsisE of the bulkhead, a 4.5'x 13' platform, a 3'x 12' ramp, and an S'x20' float (160 square feet)_ The existing structures are a platform that is 7.3'x13', a 2.5'x 14' ramp, and two 6'x2O' floats. These two flpats total 240 square feet, The landing and floats are not in their licensed location and will require re -licensing, Permitting History There is an order of conditions (SE83-201) issued in 1979 for the dwelling and septic which has not received a certificate of compliance. There is another order (SE83-548) issued in 1985 for the bulkhead, landing, ramp, and float which received a certificate of compliance in 1995.The original structures(bulkhead, platform, rainp and float) have an existing Chapter 91 License (DEQE License No. 1297, issued in 1985. This license does not have an expiration date. There are two decks attached to the house. Originally, the decks were one structure that spanned the porch area. Some time latter, half of the deck was lowered to the gr-ound. This work appears to have been permitted under an RDA that was approved in 2015, There remains one open permit ( E83-210) for the dwelling and septic. A request for a COC is underway from Down Cape Engineering for this order. Project Description The purpose of this project is to install a new vinyl bulkhead in the same plane and height (direct replacement) as the existing timber bulkhead_ The area behind the existing timber wall will require excavation approximately S feet landward to reduce the load on the wall. Then the existing timber sheets will be removed, with the new sheeting installed immediately, and only in sections that can be replaced in the same day_ In this way, the bulkhead is not opento the elements when the crew is not on site. The new vinyl bulkhead will be installed at the same elevation as the existing wall. The existing vegetated buffer will be reinstalled after construction is complete. The new vinyl wall join the adjacent walls as before, but will be anchored separately so as to keep the wall together oosmeticaity, but not structurally. As an option, separate returns for the new bulkhead can be consiructed below grade with an extra piece of sheeting to joint thein cosmetically. The contractor may choose either option, depending on how the walls are currently connected. The ends omit be structurally separate from the adjacent bulkheads on both sides. The existing 6'x4o' floats will be reduced to 6'02', for a total of 192 square feet. The existing platform will be temporarily removed and replaced after the bulkhead is installed. This filing requests tine after -the -fact permitting of the patio, with the associated loss of = square feet of turf lawn. This will bring all of the current structures up to current perritting standards, A new chapter 91 license will be sought to incorporate the minor changes to the configuration. Page 1 of 5 Notice of Intent Thomas Landis, 7 Cape Isle Drive, S. Yarmouth Description or Proposed Work Access for the project will be from the upland on the east side of the property from. Gape Isle Drive, and from a working barge. The bulkhead could be installed entirely from the land, but a working barge will likely be needed to install the sheeting because the access is narrow. There is plenty of lawn area to temporarily place the soil behind the bu lkhead to relieve the load and install the new sheeting in the same footprint. No seaward expansion is proposed. A sma]I excavator with a vibratory head will be rewired for any excavation behind the bulkhead and to install the sheeting. All work is within Land Subject to Coastal Storm Flowage, and within the 35-footNDZ, Additional gravel can be used 1n the buffer strip to provide increased drainage behind the wall, After The Fact Work and Permitting and Mitigation, There is a patio that was installed sometime between 2018 and 2020 (Google Earth). The patio occupies approximately 202 square feet. There is also a walkway comprising approximately 109 square feet, and appears to have been installed between 2020 and 2021 (0009le Earth). Therefore, a total of 310 square feet of unauthorized work was conducted. According to the mitigation table, the patio will require a variance, and a variance request is submitted with this application. The regulations stipulate that any mitigation required as a result of work within the 0-35 foot buffer zone is at the discretion of the commission. Therefore, no mitigation can be proposed by the applicant, and must be determined by the commission, At this time the appiicant will work with the commission to determine the appropriate amount and location of any required mitigation. Meaa High Water Determination The project site is located approximately 2,000 feet upstream from the mouth of Parker's River_ The dunce upstream causes a change tO the tidal elevation due to the frictional loss of the tidal flow over distance. In this area, the tidal range did not change and remains approximately 2_9 feet_ Since the site is to-ated close to (but not within) tht main flow of the river, the Army Corps Tidal Profiles are reasonably accurate. The tidal elevations were verified using data from available projects in the neighborhood_ Therefore, MHW is at elevation 1.V NAVD88, and MLW is at elevation -1.8' NAVD88. Riverfront Area The property is located over 200 feet from the direct flaw of Parker's river. The site is not witbin the direct flow of the river, and the current does not floe by the site, only a tidal flaw is within the canal. Therefore, the site is not considered to be in the riverfront area because the site is not within the direr[ flow of the river_ The 0-100 foot resource buffer encompasses most of the property, and all work is witbin this area, and more specifically within the 0.35' buffer area. Noviption Since there is no expansion of the bulkhead seaward, there will be no impact on navigation in this area. The floats are being reduced to comply with the float limitations_ The landing, if reconstructed, will not extend into the lagoon more than they do now. Therefore, there are no anticipated impacts to navigation of the waterwzy with regards to this project. Alternatives Analysis (Discussion of Options) Option ] - Do nothing If nothing is done at this site, the existing bulkhead will continue to degrade. The timber wall shows evidence of soil loss and holes at the base of the sheeting where it meets the river bottom, likely from boring pests. This is an indicator that the timber is reaching the end of its serviceable life, This condition will only get worse over time. If allowed to continue though, the sheeting will eventually collapse, leaving the ground behind exposed to storm energy and erosion. The river would be exposed to excessive sedimentatiori from the resulting erosion of the soil behind the timber sheeting. The floats are in excess ofapproved limb. and regLiire reduction. The patio also needs to be properly permitted. Therefore. no benefit (either privately or environmentally) is gained from this option, and it is not preferred. Option 2 — Repair the bulkhead_ This option would require installing a short bulkhead directly in front of the existing timber sheeting, and filling the gap with sand. This is a common repair and can extend the life of the bulkhead. However, in this case, the entire bulkhead timbers are rotting_ This type of repair is acceptable if the remaining sheeting is in good condition. Since the entire sheeting is rotting. the entire bulkhead would need complete replacement soon after the mpnirwas installed. The cost benefit is not worth it since the work would be repeated soon after. Therefore, this is not the desired option. Page 2 of 5 Notice of Intent Thomas D=die, 7 Cape lsfe Drive, S. Yarmouth Option 3 — Construct the new bulkhead directly in front of the existing bulkhead. This option is the simplest option, leaving the existing bulkhead intact. This option was also the standard option recommended by the Army Corps in years past because it protected the fronting resources from potential siltation. However, there are several regulatory agencies that see this as a semvard encroachment, with potential impacts to shellfish. Therefore, because of recent resistance this option is not the desired option- Wiou 4 —Construct the bulkhead at the AE-zone flood height of I I feet. This option leaves the bulkhead protruding up 6' more from the existing grade and may increase protection for the property from wave action at that elevation - The majority of the site and the surrounding lawn area is at elevation 5-6, so raising the bulkhead up to I 1 feet is not practical because any flooding will come from the street side and flood the lot anyway_ Since this area is fairly level and entirely below the flood elevation, raising the wall will only make it more difficult to drain the lot after a flood. There is no benefit to raising this portion of the lot f0r the same reasons- The ccsvbenefit for the materia]s, fill, and alteration for access to the dock does not justify the additional expense. Therefore, this is not the preferred option. Option 5 — (preferred alternative, project as proposed). Construct the new bulkhead in the same footprint as the existing bulkhead and remove the timber bulkhead as construction progresses. This approach protects the waterway from the potential effect of excessive amounts of sediment introduced into the waterway during construction- The existing bulkhead will be excavated to remove the soil load, then the new sheeting and anchors will be installed in sections. The area will be backfiliad, and the gravel buffer replaced. Therefore, this is the preferred option. Performance Standards The project proposes the construction of new vinyl bulkhead in the sarne footprint as existing structures. Because the new wall is considered a repair to an existing permitted and licensed seawall with no seaward encroachment, it can be constructed with local permitting only. The resource areas for this proposed project include Land Subject to Coastal Storm Flowage and Land Under Ocean. Land Subject to Coastal Storm Flawage (LSCSF) -- LSCSF is considered a resource area under 310 CM 10, section 10.02 (1) d. The area from the existing bulkhead back to the ]awn is below the flood elevation and therefore no coastal bank exists. There is an "artificial Top of Bank" at the top of the bulkhead. The work on the waterfront is still within LSCSF, so it will be treated as such. The area is therefore within Land SubjecttoCoastal Storrs Flowage - Although LSCSF is an area that is allowed protection under the Wetlands Protection Act, there are no perforrance standards for this area. The work proposed in LSCSF is the work for the bulkhead installation. That work will not have any significant adverse impacts, and can be permitted under 310 CMR 10.05(6)k, The Yarmouth Wetlands Protection Regulations, section 4,10 (3) a (i-viii), have the following performance standards to consider: projects within LSCSF shall not have an adverse effect on the interests protected by the bylaw by; i, reducing the ability of the ]and to absorb and contain flood waters; There is no change to this interest. i, reducing the ability of the ]and to buffer more inland areas from flooding and wave damage; Does not reduce this ability-, remains unchartgcd- ii. increasing the elevation or velocity of flood waters, or by redirecting or increasing flows or causing channelization, in each case -at the project site, adjacent or nearby pmperties, or any public or private way. No change beuausc bulkhead is reconstructed at same height. iii, displacing or diverting flood waters to other properties or resource areas. Fences and privacy walls, including walls separating one property from another, may obstruct or divert flood flow and waves toward buildings and protected areas. Solid fences (stockade and similar) must be constructed with 6 inches of clearance below to allow the passage of floodwaters and. wildlife; Nu change because bulkhead is reconsrructed at seine height, iv. causing, or creating the likelihood of, damage to other structures on land within the flood plain as debris (collateral damage); The project will reduce rho. I i ko I i hood of debris- v- causing ground, sure or saltate polIutioo triggered by coastal storm flowage; Flo change, vi. reducing the ability of the resource to serve as a wildlife habitat and migration corridor through activities such as, but not limited to the removal of substantial vegetative cover and/or installation of fencing and other structures which prevent wildlife migTation across prepWy. No change, vii- prevention of the rigration of resource areas such as salt marshes due to sea level rise, No change. Page 3 of Notice of Intent Thomas Landis, 7 Cape Isle Driver S. Yarmouth - The project, as proposed, has no adverse effects, and therefore can be conducted and permitted to minimize adverse effects to the listed interests in accorbance with The Yarmouth Wetlands Protection Regulations, section 4.10 (3) a (i-viii). Land Undo- the ocean — The area directly fronting the bulkhead is land under the ocean. The bulkhead construction is within the same footprint, with no seaward expansion proposed_ The contractor can use a silt curtain, in addition to the construction sequencing, to eliminate any impacts to the area directly fronting the bulkhead. Therefore, the project can be accomplished to avoid negative impacts to this resource area. The construction protocol requires proper metbocls to avoid siltation. Projects not included in 310 CMFt 10.25(3) which affect land under the ocean shall if water -dependent, he designed and constructed, using best available measures, so as to minimize adverse effects, and ifnon-water-dependent, have no adverse effects, on marine fisheries habitat or wildlife habitat caused by a] s in watercirculation, destruction ofeelgrass ( nstera marina) or widgeon grass (Rupia maridna) bed& distribution of grain size, changes in water quality, including, btrt net lim ilpd to, other than natural fluctuations ill the level of dissolved oxygen, temperature or turbidity, or the addition of pollutants; or alterations of shallow submerged lands with high densities of polychaetes, mollusks or macrophytic algae. The project, as proposed, has no significant adverse effects. and therefore can be conducted and permitted to minimize adverse effects to the listed interests in accordance with 310 CMP. 10,25 (6). The Yarmouth Wetlands Protection Regulations, section 4.01(3) a-g, have the following performance standards to consider: The project shall be designed to minimize adverse effects caused by changes in: (a) Bottorn topography which will result in increased flooding or erosion caused by an increase in the height or velocity of waves impacting the shore; There is no change to bottom topography. (b) Sediment transport processes which will increase flood or erosion hazards by affecting the natural replenishment of beaches,; There is no change to the sediment transport process; there is no coastal beach at this site. (c) Water circulation which will result in an adverse change in flushing rate, temperature, or turbidity levels; or There is no change in water circulation flue to the reconstructed bulkhead because it is in the same footprint. (d) Marine productivity which -will result from the suspension or transport of pollutants, the smothering of bottom organisms, the accumulation of pollutants by organisms, or the destruction of habitat or nutrient source areas_ There i-5 no change in marine productivity due to the reconstructed bulkhead because it is in the same footprint, (e) [Maintenance dredging for navigational purposes affecting land under the ocean shall be carried out using the best available measures so as to minimize adverse effects caused by changes in marine productivity which will result frorn the suspension or transport of pollutants, increases in turbidity, the smothering of bottom organisms, the accumulation of pollutants by orpnisms, or the destruction of habitat or nutrient source areas. There is no dredging proposed forth is project (f) Projects not included in section 4.01, (a through e) which affect nearshore areas of land under the ocean shall not caiuse adverse effects by altering the bottom topography so as to increase storm damage or erosion of coastal beaches, coastal banks, coastal dunes, or salt marshes. There is no alteration of bottom topography since the bulkhead is reconstructed in its existing footprint. (g) Projects not included in section 4,01, (a through c) which affect land under the ocean shall be designed and performed so as to cause no adverse effects on wildlife, marine fisheries or shellfisheries caused by: i, Alterations in water circulation; The project has no effect on water circulation_ ii_ destruction ofeelgrass beds (Zostera marina); blot applicable; no eelgrass at the sire_ The project, as proposed, has no significant adverse effects, and therefore can be conducted and permitted to minimize adverse effects to the listed interests in accordance witb The Yarmouth Wetlands Protection Regulations. section 4,01(3) a-g, Page 4 of 5 Notice of intent Thomas Dandis, 7 Cape Isle Drive, S, Yarmouth CONSTRUCTION PROTOCOL The staging area for materials will be on the applicant's property and driveway, The wort- area shall be kept to a minimum. If a barge is used, proper protocols shall be utilized to prevent grounding. ne sheeting shall be driven in the same footprint as the existing sheeting- The area of the sheeting to be removed shall be excavated enough to remove the soil load on the existing sheeting, with the soil placed in the back yard. The existing sheeting shall be removed only enough at a time to drive the same amount of sheeting in the same day. A silt curtain shall be used to prevent siltation into the waterway while the new sheeting is being driven, Vibratory driving is preferred. All equipment shall be stored on the applicant's property when not in use. After that Section of bulkhead is constructed and anchored, the soil can be backfiIled behind the wall. Additional gravel can be used for the buffer at the owner's option, This will incr-ease the drainage capacity behind the wall. The timber sheeting and remains of the existing bulkhead shall be disposed of proper]y- pre-ConstrimaWn Meeting Prior to OonstruGtion, a preacdnstruction meeting shall be held on -site with the Contractor, Property Owner {or owner's representadive}, and the Conservation Commission and/or agent. The purpose of the meeting is to clearly do] ineate the limits of work and access, as we]I as the staging area- The Contractor will describe the proposed means and methods for performing the work within the requirements of the plans, order of conditions and construction protocol, The Contractorwill comply with mitigation measures as established by the Conservation Commission - To be discussed at this meeting: • Existing properly conditions, necessary precautions to he taken by the Contractor; • Means and methods for construction; ■ Means and methods for siltation controls; • Necessary post -construction reparations and conditions; • Procedure for post -construction inspection; • Shorefront Consuldng's responsibilities for inspection and project coordination During Construction, the site shall be 2ressible for inspection during reasonable hours by all parties, members of the conservation commission and their agents, and the Project Manager. Post -construction mting Upon completion of construction, a post -construction meeting shall be held on -site with the Contractor, Property Owner (or owner's representative), and the Conservation Commission and/or agent. The purpose of this meeting is to determine that the project hat been satisfactorily completed in accordance with all permits, and that no additional work ormitigation is required by the Contractor. Restoration of project area Upon completion of construction, the staging areas, vegetated areas, and any otherareas disturbed 1}y the construction effort shall be returned as much as practical to their pre -construction conditions to the satisfaction of the property owner and corrservadon agent. All disturbed vegetated areas shall be re -vegetated with native vegetation to match pre -construction conditions for the surrounding areas, or as determined during the pre -construction meeting, Page 5 of 5 Shorefront Consulting� Shorefront Consulting Professional Services on Land or At Sea 290 Center St., Dennis Port, MA 02639 "ww.Aorefrontconsulting.cnm 508-29MG46 shore frontconsulting@gmail,com Yarmouth Conservation Commission April 27, 2026 Attn: Brittany D[Rienza 1146 Route 28 South Yarmouth. MA 026 4-4492 By hand delivery and email Re. Reuuest for Variunce from Section 6.01 (2) - 35-foot Buffer Zone Setback; Existing Patio and Walkway (After the Fact) Thomas Dandis 7 Cape Isle Drive South Varmouth, MA 02664 Map 19, Parcel 30 On behalf of my client, Thomas Dandis, 1 am requesting a variance from the 35-foot setback requirement for a patio and walkway that are within the 35-foot setback of the existing bulkhead. There is an existing planted buffer strip of vegetation along the bulkhead, and two other areas on the site in the 0-35 font buffer to the bulkhead. These total approximately 400 square feet. The patio was installed sometime between 2018 and 2020 (Coogle Earth) and occupies approximately 202 square feet. The walkway comprises approximately ] 08 square feet, and also appears to have been installed between 2020 and 2021 (Google Earth), Therefore, a total of 310 square feet of unauthorized work was conducted_ There are two decks within the 35-foot setback as well. These were approved with an RDA in 2015 (when the setback limit was 50 feet, not the current 35 feet). The RDA request utilizes an existing 8-foot buffer strip to provide mitigation for the decks. According to the mitigation table, the patio and the walkway will require a variance, and any mitigation is at the -discretion of the commission. Therefore, no mitigation is proposed at this time. We will work with the commission to provide the associated mitigation in an appropriate location, The current setback requirement for structures is 35 feet from the resource area as stated in -section b.01 (l) and (2). For this site, the patio, the walkway, and add of the structures on the property are located within the Land Subject To Coastal Storm Flowage resource area, and within the buffer zone to Land Under Ocean, T13e Yarmouth Weiland Regulations define the Buffer Zone as "the area ofland extending !00feet our and frown rher houndayy of any Area Subject to Jnrisdiclron under the Bylaw as defined at section I.0 (1)(a). " The area of jurisdiction seaward of the patio and walkway is Land Under Ocean, located at the seaward edge of the bulkhead, Therefore, the 35-foot buffer from the bulkhead is considered the buffer zone to Land Under Ocean, and the setback from which this variance is written and relief is requested from section 6.01 (2). The patio and walkway comply with the performance standards for Land Under Ocean as set forth in the Yarmouth WPA. section 4.1 Q. The existing patio is located approximately 16 feet from the seaward edge of the bulkhead within the 35-foot buffer to Land Under Ocean. The walkway is located to pass in -bet -weer the lower deck and the landing. The variance is requested to provide relief apinsl the 35-f6ot setback for the patio and the walkway. The patio and Walkway were not installed as part of Notice of Intent and that after -the -fact work is included in this N01 filing. Vile are open to discussing potentiai mitigation options, and the applicant will work with the commission to provide any required mitigation. Please include this request with the 1d01 that is also being filed for your May 21, 2026 public hearing, lfthere are any questions or concerns regarding this request. please contact me as soon a5 possible. Sincerely, Mark Burgess Shorefront Consulting cc: Thomas Dandis (Applicant)