HomeMy WebLinkAboutNarrative 5.27.2026Notice of Intent Jason Lilly,143 Mayflower Terrace,South Yarmouth,MA
Performance Standards Narrative,Alternatives Analysis,and Construction Protocol
Property Description
The property is located on the Bass River;a tidal river on Nantucket sound.The project site is approximately
2.5 miles inland from Nantucket Sound.The property is located on the western shore of Bass River just where
Kelley’s Bay narrows to transit north to Follins Pond.The site has an existing single family dwelling,with an
existing bulkhead and dock.The dock and access stairs were recently rebuilt.The bulkhead timbers are very
deteriorated,some broken,with the bank sediment escaping from behind.The bulkhead is aged,damaged,and
is at the end of its serviceable life.The structures were re-licensed in 2014.The bulkhead is also licensed.There
are existing rocks on the north side of the property from a revetment that extends onto the property at the base
of the bank slope.
The area for the existing dwelling is fairly flat,with some lawn area.The lawn extends about 35’to the
beginning of the woods before the top of the coastal bank.From the top of the bank,the area is well vegetated
and stable.The bottom of the coastal bank is stable within the area of the existing bulkhead.However,there is
scarping erosion at the base of the coastal bank,and flanking erosion on both sides of the bulkhead.Mean High
Water extends across the coastal beach just landward of the two areas of existing salt marsh.The remaining area
of the lot consists of the dwelling,lawn area,and driveway.Refer to the project plans for specific elevations and
details,and the enclosed construction protocols for operational,procedural,and protective measures.
Project Description
This Notice of Intent filing addresses proposed work in the resource area consisting of the replacement of the
bulkhead with fiber rolls for scarp erosion control.The bulkhead was originally permitted for reconstruction
with the dock reconstruction,but this work was never started.The bulkhead is proposed to be reconstructed at
the same height,but moved landward against the current bottom of the slope.The area behind the bulkhead will
be filled in and planted with beach grass.The fiber rolls are proposed to provide a “soft”return on the south
side.The bulkhead is proposed to be placed landward of the existing rocks on the north side,providing
continual protection.The bulkhead is proposed with no vertical or horizontal expansion;only the landward
relocation.
Proposed work
1)Proposed fiber rolls —The fiber rolls are proposed to address the flanking erosion on the southern edge
of the bulkhead and extend to near the south property line.The fiber rolls will be anchored to the scarp
edge,and then covered with compatible material,and planted with American Beach Grass.
2)Proposed bulkhead reconstruction —As previously stated,the bulkhead is proposed to be reconstructed
at its existing height and length,only moved landward to line up with the newer base of the bank slope.
Resource Area Determination
The project site is located on Bass River,a tidal river which flows to and from Nantucket Sound.Mean High
Water (MHW)and Mean Low Water (MLW)elevations can be obtained from the Army Corps Profiles,(Tidal
Profile #9),and indicate the elevations in NGVD which exist at the mouth of the river.The further you travel
upstream,the more impact the river bottom,land restrictions,etc.impact the flow of water and reduce tidal
flow,limiting the tidal elevations.Since the proposed project property is located relatively far upstream from to
the mouth of the river,the existing tidal elevations from the charts can not be used.Recently,projects in Kelly’s
Bay were measured with a tide gauge to determine the current tidal range,as it changed when the railroad
bridge was widened.Therefore,MHW is found to be at elevation 1.9’,and MLW at elevation -0.3’.
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Notice of Intent Jason Lilly,143 Mayflower Terrace,South Yarmouth,MA
Alternatives Analysis (Discussion of Options)
Option 1-Do nothing
If nothing is done at this site,the existing bulkhead will continue to degrade.The timber wall is nearly gone in
some areas,with missing timbers,and is well beyond its useful life.If allowed to continue though,the sheeting
will eventually collapse,leaving the ground behind exposed to storm energy and erosion.The area would be
exposed to excessive sedimentation from the resulting erosion of the soil behind the timber sheeting.Therefore,
no benefit (either privately or environmentally)is gained from this option,and it is not preferred.
Option 2 —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 seaward encroachment,with potential
impacts to shellfish.In addition,there is enough erosion to be able to move the new bulkhead landward.
Therefore,this option is not the desired option.
Option 3 —Construct the bulkhead at the AE-zone flood height of 9 feet.This option leaves the bulkhead
protruding up 4’more from the existing grade and may increase protection for the property from wave action at
that elevation.The bulkhead protects a coastal bank that is well vegetated above the bulkhead,so raising the
bulkhead up to elevation 9 is not practical because it is not necessary at this location.Further,the lower height
allows some erosion at higher storm events,maintaining a sediment source for the beach.The cost/benefit for
the materials,fill does not justify the additional expense.Therefore,this is not the preferred option.
Option 4 -(preferred alternative,project as proposed).Construct the new bulkhead landward of the existing
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 removed in sections as the new bulkheadis installed.The
area will be backfilled,and then planted with beach grass.This option preserves and does not change the
function of the coastal bank and coastal beach.Therefore,this is the preferred option.
Performance Standards ;
The project proposes the reconstruction of a bulkhead withafiberrollreturnatthesameheightasexistingand
without expansion.The bulkhead is proposed to maintain an existing permitted and licensed CES,with no
change in the functions of the surrounding resource areas.The resource areas affected by the project are Coastal
Bank,Coastal Beach,and the Riverfront Area.Although there are two areas of Salt Marsh in the vicinity of the
proposed work,the work is far enough away to have no impact on the Salt Marsh.The project as proposed will
not have any significant adverse effects to the surrounding resource areas.
Coastal Bank —The area of coastal bank extends from the seaward edge of the existing planted buffer strip
down to the existing bulkhead.The work proposed on the coastal bank consists of the filling in of compatible
soil behind the bulkhead and planting with beach grass.Since most of the bank is armored,the bank serves as a
vertical buffer from storm damage,and is not considered a sediment source for downdrift beaches.There is no
alteration of the land form proposed.The bulkhead is proposed at elevation 5’,with the 100 year flood elevation
at elevation 9’.Therefore,the bank could serve as a sediment source during extreme storm events.Therefore no
negative impacts are anticipated.The construction protocol requires protective measures for the affected
resource areas.Therefore,the project as proposed can be permitted under 310 CMR 10.30 (6)through (8).
Coastal Beach —The construction in the area of coastal beach consists of the bulkhead reconstruction with fiber
rolls.The bulkhead reconstruction can be accomplished from both a working barge and with small equipment
on the beach.The construction protocol prohibits grounding of the working barge at any time.The project will
not change the role for the beach in storm damage prevention,flood control,or protection of wildlife habitat.
The pier will not change the volume or form of the beach sediments,the ability of the beach to respond to wave
action,or the effect for any downdrift beach.Therefore,the project as proposed will not have significant
adverse impacts to the coastal beach can be permitted under 310 CMR 10.27 (1)through (7).
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Notice of Intent Jason Lilly,143 Mayflower Terrace,South Yarmouth,MA
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)Bottom 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;the bulkhead is proposed to be
landward of existing,increasing the coastal beach with no effect on the sediment transport process.
(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 due to the reconstructed bulkhead because it is in the same location
except moved landward.
(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 is no change in marine productivity due to the reconstructed bulkhead because it is in the same
footprint except moved landward.
(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 from the suspension or transport of pollutants,increases in turbidity,the smothering of bottom organisms,
the accumulation of pollutants by organisms,or the destruction of habitat or nutrient source areas.There is no
dredging proposed for this project
(f)Projects not included in section 4.01,(a through e)which affect nearshore areas of land under the ocean shall
not cause 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 above the MHW line.
(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 of eelgrass beds (Zostera marina);Not applicable;no eelgrass at the site.
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 The Yarmouth Wetlands Protection
Regulations,section 4.01(3)a-g,
Riverfront Area -
There is a 100-foot riverfront area buffer zone on this property.The 200’Riverfront area is landward and off the
property.The work in the 0-100 riverfront area is limited to the bulkhead.None of this work will negatively
impact the riverfront area itself.Please refer to the discussion of project alternatives stated previously in this
narrative.
Riverfront Performance Standards
310 CMR 10.58 (3);“Where a proposed activity involves work within the riverfront area,the issuing authority
shall presume that the area is significant to protect the private or public water supply;to protect the
groundwater;to provide flood control;to prevent storm damage;to prevent pollution;to protect land containing
shellfish;to protect wildlife habitat;and to protect fisheries.”
The riverfront area on this property provides recharge and retainage of flood waters,which mitigates flooding
and damage from storms.The root systems of the vegetation keep the soil porous,increasing infiltration
capacity.Vegetation also removes excess water through evaporation and transpiration.Vegetated riverfronts
also dissipate the energy of storm flows,reducing damage to public and private property.There is no vegetative
cover for fisheries for this site,so this function does not appear to be applicable for this property.The riverfront
area,being directly adjacent to a salt water river,likely does not provide protection for private or public water
supplies or groundwater.In these areas,there is likely an amount of salt water intrusion into the groundwater at
some distance from the river’s edge,and at lower elevations.
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Notice of Intent Jason Lilly,143 Mayflower Terrace,South Yarmouth,MA
Therefore,this function may not be applicable for this property.The other functions of the riverfront area,such
as flood control,storm damage prevention,and the prevention of pollution,the protection of land containing
shellfish,and wildlife habitat do apply for this property.Therefore,it appears that two of the interests may not
be applicable for this property.
“By providing recharge and retaining natural flood storage,as well as by slowing surface water runoff,
riverfront areas can mitigate flooding and damage from storms.The root systems of riverfront vegetation keep
soil porous,increasing infiltration capacity.Vegetation also removes excess water through evaporation and
transpiration.This removal of water from the soil allows for more infiltration when flooding occurs.Increases
in storage of floodwaters can decrease peak discharges and reduce storm damage.Vegetated riverfronts also
dissipate the energy of storm flows,reducing damage to public and private property.”This is the primary
function of the riverfront area for this property.
“Where the presumption set forth in 310 CMR 10.58(3)is not overcome,the applicant shall prove by a
preponderance of the evidence that there are no practicable and substantially equivalent economic alternatives
to the proposed project with less adverse effects on the interests identified in M.G.L.c.131 §40 and that the
work,including proposed mitigation,will have no significant adverse impact on the riverfront area to protect
the interests identified in M.G.L.c.131 §40.”
According to the above,the riverfront area may not playaroleinintheprotectionoffisheries,groundwater or
private or public water supplies.This equates to the “one or more”of the interests in 310CMR 10.58(3).
Therefore,it appears that the presumption is rebuttable,and the presumption of significance is partially
overcome.
There are no practicable and substantially equivalent economic alternatives (see alternatives,above)to the
proposed project with less adverse effects.Even the “do nothing”option has adverse effects to the riverfront
area interests.The proposed work will have no significant adverse impact on the riverfront area to protect the
interests identified in M.G.L.c.131 §40.
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Notice of Intent Jason Lilly,143 Mayflower Terrace,South Yarmouth,MA
CONSTRUCTION PROTOCOL
The work shall be performed with the minimum amount of equipment required to obtain the project objectives.
The staging area for materials will be on the applicant’s property,in the driveway,and upland of the coastal
bank.All equipment shall be stored either on the working barge or on the applicant’s property above the top of
the bank on the lawn,when not in use.
Pre-Construction Meeting
Prior to construction,a pre-construction meeting shall be held on-site with the Contractor (landscaper,etc.),
Property Owner,Conservation Commission and/or agent,and the Project Manager (Shorefront Consulting).The
purpose of the meeting is to clearly delineate the limits of work and access,as well 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 Contractor will comply with mitigation measures
as established by the Conservation Commission.Photos shall be taken of all areas of proposed work prior to the
start of work,concentrating on the coastal beach and bank,with copies submitted to the conservation agent.
The working barge shall not come in contact with the bottom at any time,and shall be anchored in sufficient
water to prevent grounding and without interference with boat traffic when not in use.All areas of the coastal
bank,coastal beach,surrounding salt marsh,and bottom substrate shall be protected from damage.The beach
shall be restored to its pre-construction condition.Equipment on the beach shall not come in contact with the
existing salt marsh.
To be discussed at this meeting:
e Existing property conditions,necessary precautions to be taken by the Contractor;
Means and methods for construction;
Necessary post-construction reparations and conditions;
Procedure for post-construction inspection;
Shorefront Consulting’s responsibilities for inspection and project coordination
During Construction,the site shall be accessible for inspection during reasonable hours by all parties,members
of the conservation commission and their agents,and the Project Manager.When the waterfront work is
completed,the beach shall be regarded to pre-construction conditions.Nourishment may be required to obtain
original grades and slopes.
Post-construction meeting
Upon completion of construction,but prior to equipment being removed from the site,a post-construction
meeting shall be held on-site with the Contractor,Property Owner,Conservation Commission and/or agent,and
the Project Manager (Shorefront Consulting).The purpose of this meeting is to determine that the project has
been satisfactorily completed in accordance with all permits,and that no additional work or mitigation is
required by the Contractor.Photos shall be taken of all areas of completed work prior to the removal of
equipment,concentrating on the coastal beach and bank,with copies submitted to the conservation agent.
Restoration of project area
Upon completion of construction,the lawn,driveway,staging areas and any other areas disturbed by the
construction effort shall be returned as much as practical to their pre-construction conditions to the satisfaction
of the property owner and conservation agent.All disturbed vegetated areas shall be re-vegetated with
indigenous vegetation to match pre-construction conditions for the surrounding areas,or as determined during
the pre-construction meeting.
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