Loading...
HomeMy WebLinkAboutNarrative 5.26.2026Notice of Intent Barry and Judy Lass,7 Tide Lane,S.Yarmouth Performance Standards Narrative,Alternatives Analysis,and Construction Protocol Property Description The property is located on Parkers River,a tidal river that leads to Nantucket sound.The project site is approximately 2,800 feet inland from Nantucket Sound.The property is located on the eastern shore of the river,in the main channel of flow.The property has an existing single family dwelling.The assessors records indicate that the dwelling was built in 1972.Refer to the permitting history below.The area landward of the existing bulkhead consists of an existing 2’wide gravel buffer along all of the bulkhead for a total of 146+/-square feet of buffer.There is a “Cape Cod”lawn landward of the buffer back to the dwelling.The property is in Land Subject To Coastal Storm Flowage,below the flood 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 landward with returns on both ends.There is a rock revetment to the north. There is an existing permitted and licensed bulkhead,Pier,platform,ramp,and floats on the property.The pier is landing is 4’wide and extends 10 feet to the platform.The platform runs along the bulkhead,but over the water,and is 8 feet wide and 50 feet long.There is a 2.5’wide x 12’long ramp leading to two 6’x16’floats for a total of 192 square feet of floats,which match the licensed configuration. Permitting History A list of existing permits follows: 1)SE83-738;Dock And Rip-Rap (1987) 2)COC For SE83-738;(1988) 3)SE83-1021;Revetment (1989) 4)COC For SE83-1021 (1991) 5)SE83-1027;Septic System (1990) 6)COC For SE83-1027 (2013) 7)DEQU License 1719;Dock,Ramp,Float,And Rip-Rap (1987) No Expiration Date 8)DEP License 2467;Riprap Extension,Dock And 2 Floats (1991)No Expiration Date There are no open permits for the property. Project Description The purpose of this project is to install a new vinyl bulkhead in the same place and height (direct replacement)as the existing timber bulkhead.The area behind the existing timber wall will require excavation approximately 5 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 open to 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 gravel buffer will be reinstalled after construction is complete.The buffer is not proposed to be planted because the area is too low in the flood zone,where plants will not likely survive.The new vinyl wall will keep its return on the north side,and a separate return on south side to meet with the wall to the south. The void in between the bulkheads will be sealed with an extra piece of sheeting,filter cloth,and gravel.That end will be structurally separate from the adjacent bulkhead to the south. The existing piles on the bulkhead can remain,but are not needed structurally for the new wall.The piles can be used as “false work”for the new bulkhead and removed later at the applicant’s option. Therefore,all structures will remain within permitted allowances. Page 1 of 6 Notice of Intent Barry and Judy Lass,7 Tide Lane,S.Yarmouth Description of Proposed Work Access for the project will be from the driveway upland on the north side of the property from Tide Lane,and from a working barge.The bulkhead could be installed entirely from the land,but a working barge may be needed to install sheeting at the contractor’s option.There is plenty of lawn area to temporarily place the soil behind the bulkhead to relieve the load and install the new sheeting in the same footprint.No seaward expansion is proposed. A small excavator with a vibratory head will be required 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-foot NDZ.Additional gravel can be used in the buffer strip to provide increased drainage behind the wall. Mean High Water Determination The project site is located approximately 2,800 feet upstream from the mouth of Parker’s River.The distance 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 located in the 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 1.1'NAVD88,and MLW is at elevation -1.8'NAVD88. Riverfront Area The property is located directly on Parker’s river,and is within the main flow of the river,and is considered in Riverfront area calculations.The 0-100 foot Riverfront buffer is off of the property,and encompasses all of the property,and all work is within this area. Navigation Since there is no expansion of the bulkhead seaward,there will be no impact on navigation in this area.The floats are not being expanded,and the bulkhead is reconstructed in its original location.Therefore,there are no anticipated impacts to navigation of the waterway with regards to this project. 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 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 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 —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,enough of the timbers are degraded where this repair would be very temporary,and encroach on the river.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 repair was installed.The cost benefit is not worth it since the work would be repeated soon after.Therefore,this is not the desired option. 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 seaward encroachment,with potential impacts to shellfish.Therefore,because of recent resistance this option is not the desired option. Option 4 —Construct the bulkhead at the AE-zone flood height of 12 feet.This option leaves the bulkhead protruding up 7’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 6’,so raising the bulkhead up to 13 feet is not practical because any flooding will come from the street side and flood the lot anyway. Page 2 of 6 Notice of Intent Barry and Judy Lass,7 Tide Lane,S.Yarmouth 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 for the same reasons.The cost/benefit for the materials,fill,and alteration for access to the dock does not justify the additional expense.Therefore,this is not the preferred option. Option 5 —Plant the buffer strip. This option was discussed with the applicant.The owners feel that the existing 2-foot wide gravel buffer strip along the existing bulkhead is an acceptable method to provide infiltration of runoff behind the bulkhead.While the buffer could be increased,it is previously approved and existing.The bulkhead is not being expanded,and therefore no mitigation is proposed for this replacement project.Further,since the bulkhead is so low in elevation,it doesn’t take much of a storm surge to flood the yard,killing any plants.Therefore,the plantings and maintenance of them didn’t seem to provide the cost/benefit to the resource area and the owners as compared to maintaining the existing 2-foot wide buffer strip,so this option was not chosen. Option 6 -(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 backfilled,and the gravel buffer replaced.Therefore,this is the preferred option. Performance Standards The project proposes the reconstruction of an existing bulkhead with a new vinyl bulkhead in the same 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 Flowage (LSCSF)—LSCSF is considered a resource area under 310 CMR 10,section 10.02 (1)d.The area from the existing bulkhead back to the lawn 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 Subject to Coastal Storm Flowage. Although LSCSF is an area that is allowed protection under the Wetlands Protection Act,there are no performance 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 land to absorb and contain flood waters;There is no change to this interest. i.reducing the ability of the land to buffer more inland areas from flooding and wave damage;Does not reduce this ability;remains unchanged. 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 properties,or any public or private way.No change because bulkheadis 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;No change because bulkhead is reconstructed at same 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 the likelihood of debris due to the bulkhead being new. v.causing ground,surface or saltate pollution triggered by coastal storm flowage;No 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 migration across property.No change. vii.prevention of the migration of resource areas such as salt marshes due to sea level rise.No change. Page 3 of 6 Notice of Intent Barry and Judy Lass,7 Tide Lane,S.Yarmouth viii.If flood control and storm damage protection functions have already been impaired,redevelopment must improve existing conditions by reducing impervious surfaces,restoring flood control and storm damage protection functions,installing native plantings,or by restoring or creating other wetland resource areas.No impairment or change. Coastal Beach -The area of coastal beach exists in a very small area on the north end of the bulkhead;approximatel 1.2 feet in width and diminishing to zero in approximately 15 feet going south.The reconstructed bulkheadis in the same footprint and therefore there is no change to the coastal beach or its functions.The reconstruction will not change the role for the beach in storm damage prevention,flood control,or protection of wildlife habitat.The existing configuration will also not change the volume or form of the beach sediments.The configuration will also not change the ability of the beach to respond to wave action,or the effect for any downdrift beach.The bulkhead as designed will have no adverse impacts to the coastal beach and therefore meets the performance standards for work on a Coastal Beach.Therefore,the project as proposed can be permitted under 310 CMR 10.27 (1)through (7). The project,as proposed,has no 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 4.10 (3)a (i-viii). Land Under 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 methods to avoid siltation.Projects not included in 310 CMR 10.25(3)which affect land under the ocean shall if water-dependent,be designed and constructed,using best available measures,so as to minimize adverse effects,and if non-water-dependent,have no adverse effects,on marine fisheries habitat or wildlife habitat caused by alterations in water circulation,destruction of eelgrass (Zostera marina)or widgeon grass (Rupia maritina)beds, distribution of grain size,changes in water quality,including,but not limited to,other than natural fluctuations in 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 CMR 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)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;there are no downdrift beaches atthissite. (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 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 is 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 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 in its existing footprint. Page 4 of 6 Notice of Intent Barry and Judy Lass,7 Tide Lane,S.Yarmouth (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 -The 100-foot riverfront area buffer zone is off of 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 reconstruction.None of this work will negatively impact the riverfront area itself.Full restoration of the lawn will keep the area stable and vegetated,atleasttothepointofhavingnoexposedsoiltobeintroducedintothewaterway.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.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 play a role in in the protection of fisheries,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. Page 5 of 6 Notice of Intent Barry and Judy Lass,7 Tide Lane,S.Yarmouth CONSTRUCTION PROTOCOL The staging area for materials will be on the applicant’s property and driveway.The work area shall be kept to a minimum.A working barge may be used,but is not anticipated for this project at this site,with the type of available access.If a barge is used,proper protocols shall be utilized to prevent grounding. The 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 backfilled behind the wall.Additional depth of gravel can be used for the buffer at the owner’s option.This will increase the drainage capacity behind the wall.The timber sheeting and remains of the existing bulkhead shall be disposed of properly. Pre-Construction Meeting Prior to construction,a pre-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 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. To be discussed at this meeting: Existing property conditions,necessary precautions to be 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 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. Post-construction meeting 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 has been satisfactorily completed in accordance with all permits,and that no additional work or mitigation is required by the Contractor. Restoration of project area Upon completion of construction,the staging areas,vegetated 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 native vegetation to match pre-construction conditions for the surrounding areas,or as determined during the pre-construction meeting. Page 6 of 6