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HomeMy WebLinkAboutNarrative revised 6.8.2026Notice of Intent Jason Lilly, 143 Mayflower Terrace, South Yarmouth, MA Page 1 of 6 Performance Standards Narrative, Alternatives Analysis, and Construction Protocol - Revised 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’. Notice of Intent Jason Lilly, 143 Mayflower Terrace, South Yarmouth, MA Page 2 of 6 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 bulkhead is 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 with a fiber roll return at the same height as existing and 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). Notice of Intent Jason Lilly, 143 Mayflower Terrace, South Yarmouth, MA Page 3 of 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; 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, 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 bottom of the coastal bank up to the flood elevation is considered LSCSF. The work on the waterfront within LSCSF is related to the installation of a portion of the fiber rolls and the plantings above and behind the new bulkhead. 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 proposed 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 bulkhead is reconstructed at same height. Potential for reduction because bulkhead is reconstructed landward of the existing bulkhead. Notice of Intent Jason Lilly, 143 Mayflower Terrace, South Yarmouth, MA Page 4 of 6 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 and landward.. 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 because the old wall will be removed. 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. The project increases the ability of salt marsh to migrate landward because the bulkhead is being moved landward. 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. 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 alternative s 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. Notice of Intent Jason Lilly, 143 Mayflower Terrace, South Yarmouth, MA Page 5 of 6 “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. Notice of Intent Jason Lilly, 143 Mayflower Terrace, South Yarmouth, MA Page 6 of 6 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: • 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 Man ager. 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.