Loading...
HomeMy WebLinkAboutNarrative 8.5.2026Richard L. Calhoun 24 Minnetuxet Way, Yarmouthport, MA Notice of Intent project narrative Project summary The Applicant proposes improvements to the property at 24 Minnetuxet Way, Yarmouthport, to include the construction of an addition and front entry foyer and covered decks; and the replacement of siding, roofing, windows, and doors. Work is to occur within the riverfront area and the buffer zone to a bordering vegetated wetland. Resource areas Bordering vegetated wetland A densely vegetated wetland occurs bordering White’s Brook. The edge of wetland was delineated at the limit of the plant community supporting 50 percent or greater wetland indicator species – DEP field data sheet is attached. Land subject to coastal storm flowage The boundary of LSCSF occurs at the limit of the 100-year flood zone as mapped on the Federal Emergency Management Agency’s National Flood Hazard Layer Map: Flood Zone AE, elevation 14 feet - FIRMette attached. No construction is to occur within LSCSF. Riverfront In accordance with 310 CMR 10.58(2)a(1)a, a river or stream shown as perennial on the current United States Geological Survey (USGS) or more recent map provided by the Department is perennial. The stream behind the dwelling is shown on the USGS Topographic Map to be perennial, and was observed during site visits to be flowing. The mean annual high-water line was field-located at the break in slope coincident with bankfull conditions. The limit of the riverfront area occurs at the 200-foot setback from the mean annual high-water line. The edge of river and inner and outer riparian zones are shown on the accompanying Site Plan. Project description An addition is proposed to the west of the existing dwelling to include a pantry, laundry room, two bedrooms and a bathroom. Also proposed is a foyer and covered deck in the front of the house, and the replacement of siding, roofing, windows and doors – elevation views are attached. Two bedrooms are to be removed within the existing house footprint so that the net bedroom number will be four, serviced by the existing 4-bedroom septic design installed in 1996. Accordingly, the Health Department is not requiring that the septic system be further upgraded and has signed off on the Building Permit for the project. The Old Kings Highway also has issued an approval for the project, and has signed off on the Building Permit. 2 Roof run-off is to be directed to subsurface drywells, as shown on the Site Plan, located outside of the 100-foot buffer zone to the BVW. A work limit line is to be established with siltation fencing secured at grade and backed by staked coir logs as shown on the Site Plan, prior to any site work being done, and shall be maintained until project completion, to include the stabilization of sediments. The WLL is to be located at the edge of the existing lawn area. All disturbed areas are to be revegetated upon completion of construction. The WLL may be removed to plant the mitigation area. Disturbances to grade beyond the mitigation area are to be seeded with native grasses. Equipment is to access the property from the street side of the dwelling. There is to be no staging of materials in the rear or west side yard. Town of Yarmouth Wetlands Regulations - Performance standards Construction in a buffer zone PART 6 BUFFER ZONE REQUIREMENTS 6.01 Setbacks and Buffer Zones (1) Notwithstanding section 6.01(2) below, no new structures, including chicken coops and swimming and spa pools (with the exception of water dependent structures), will be allowed within 50 feet of the following Resource Areas: … vegetated wetlands…. All new construction has been located outside of the 50-foot buffer zone. The existing 35-foot buffer zone is completely undisturbed. (3) Where a 50-foot undisturbed buffer zone does not exist prior to the proposed work, any work proposed within the 100-foot buffer zone shall be subject to mitigation planting requirements intended to restore, in so far as is possible, both the dimensions of a 50-foot undisturbed buffer and its vegetation. For work proposed within the 100-foot buffer zone, the calculation of mitigation is set forth as follows: (a) For proposed, new or replacement hardscape or structure, whether pervious or impervious, within the 50-100-foot buffer zone, mitigation shall be 2:1. However, Section (d) of the Regulations limits the mitigation required: (d) In no case shall the total area of mitigation plantings required be greater than that which is necessary to restore a 50-foot undisturbed buffer in its entirety. There is a proposed 771 square-foot net increase of hardscape located in the 50-100-foot buffer zone. Applying the 2:1 mitigation requirement for the increase of footprint in the 50-100-foot buffer zone, the mitigation area would be 1542 square feet. However, only 370 sf of additional mitigation is needed to fully restore the 50-foot buffer zone area. Notwithstanding, the Applicant is proposing to convert 1020 sf of lawn to undisturbed buffer by installing native plants to further enhance the natural buffer beyond the 50-foot setback - see Proposed Mitigation Plan prepared by Hamlyn Consulting, dated August 4, 2026. 3 (4) Planting requirements Where mitigation or restoration of buffer zone vegetation is proposed or required under a Notice of Intent, it shall meet the following requirements: (a) Locally native and climate adapted plant species suited to the local growing conditions will be used, refer to the approved plant lists posted on the Conservation website. Mitigation areas should contain a diversity of woody species with varying heights sufficient for the space (at least 3 species when the required mitigation area is >300 sqft) and may be supplemented by an understory of native grasses and forbs (including ferns, herbs, groundcovers, and perennials). Native grasses and forbs alone cannot be used as mitigation. (b) The recommended plant spacing and densities will be used as shown on the approved plant lists available on the conservation website (c) Only temporary use of mulch may be applied under the drip line of each plant at the time of planting for moisture retention, soil stabilization, and weed control during establishment. Native groundcovers will be utilized in the spaces between larger plantings. At no time shall a mitigation or restoration area be sheet mulched. Hand weeding is allowed. The Proposed Mitigation Plan shows 10 different species of native shrubs and 3 species of native groundcover that will enhance the diversity of the plant community, benefiting the interests of the resource areas. Species were chosen from Conservation reference sources relative to their native status, and optimal size and spacing. Rather than stripping the lawn and reseeding the area, grass is to be removed around each new plant. Mulch may be placed under the drip line of the new vegetation when installed. The densely spaced planting protocol will result in the removal of most of the lawn, but will leave some grass in place to stabilize the soil. The grass is not to be mowed, but may be cleared by hand from around the planted material to encourage optimal growth of the new material. Temporary irrigation may be used for the first two growing seasons, to establish the plants. (d) Foundation landscape beds within the buffer zone: Proposed foundation landscape bed plantings should appear on all plans if within resource areas and the 100-foot buffer zone. Foundation beds are defined as directly abutting a dwelling/structure and are a maximum of 5 feet in width. These areas may be planted with native species, native cultivars, or non- invasive non-natives with approval from the Commission or the Conservation Administrator. The Applicant has not decided on the status of the foundation plantings. A Special Condition could be included in an approval that would require a foundation planting plan to be submitted for approval by the Conservation Administrator prior to implementation. Construction in a riverfront area The entire project footprint is located within the outer riparian zone of the riverfront area of White’s Brook. The project has undergone a substantial revision to minimize impacts to the wetlands resource areas, while providing the Applicant the upgrades he seeks to the home. The subdivision plan shows the centerline of White’s Brook being the rear property line. As scaled off the subdivision plan, it was thought that the entire project could be located outside of the riparian zone, and the Applicant proceeded with his design. However, there 4 appears to be an error on the subdivision plan relative to the location of White’s Brook. The edge of the river located by field survey on the ground with Hamlyn Consulting is substantially closer (~70’) to the dwelling. If you look at the assessor’s map, you can see White’s Brook does not line up on the two abutting subdivision plans – see attached. After locating the edge of river in the field and showing it on the Site Plan with the original addition design, the proposed construction encroached into the outer riparian zone, and the undisturbed buffer zone. The project was redesigned to move the new construction closer to the street and entirely within existing lawn area, requiring that no trees be removed. Attached is a plan section showing the original design for comparison. As the addition has to work with the existing house layout, there is not another design alternative that would serve the project purpose. While the addition is located within the resource area, the proposed work shall result in an improvement over existing conditions of the capacity of the riverfront area to protect the interests identified in M.G.L. c. 131 § 40. • The Applicants propose to enhance the existing buffer zone by replacing 1020 square feet of lawn with native plantings. • Roof run-off is to be directed to subsurface drywells. The existing dwelling is located closer to the river than the proposed construction: The minimum setback from the deck to the edge of river is 120.7 feet. The addition is proposed 146.6’ from White’s Brook.