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HomeMy WebLinkAbout268 Indian Trail_REVISED PLAN_2026-01-12E EE EEXISTINGDWELLINGREPLACE PORTIONOF EXISTING PAVEDDRIVEWAY IN SAMEFOOTPRINT WITH DRYLAID PAVERS50' BUFFER 50' BUFFERBORDERINGVEGETATEDWETLANDTOP OF COASTAL BANK(TOWN & STATE)FLOOD ZONE AE (EL. 13)FLOOD ZONE X EDGE OF BVW BORDERINGVEGETATEDWETLANDAREA OF CRITICAL ENVIRONMENTAL CONCERN (ACEC) BOUNDARYEDGE OF SALT MARSHCOASTALDUNEEXISTINGLAWNBENCHMARK: TOPCORNER OFCONCRETE APRONEL. 15.42 (NAVD 88)PROPOSEDGARAGE ADDITIONPROPOSED PORCHPROPOSED DECKRECONFIGURATIONPROPOSEDBLUESTONEWALKWAY & STEPSREPLACE EXISTINGTIMBER RETAININGWALL IN PLACE WITHFIELDSTONE; WALL NOTTO EXCEED 4' HIGHREPLACE EXISTING WALKWAYIN SAME FOOTPRINT WITHDRY LAID PAVERSMITIGATION AREA(+/- 643 SF)TOP OFCOASTAL BANK(TOWN & STATE)(5) ROSES(1) TUPELO(1) RED MAPLE(1) TUPELOEDGES OFPROPOSED VIEWWINDOW TO BEMAINTAINEDFLOOD ZONE VE (EL. 15)FLOOD ZONE AE (EL. 13)EDGE OF COASTAL DUNEMITIGATION AREA(+/- 206 SF)LI M I T O F W O R K LIMIT OF WORK LIMIT OF WORKLIMIT OF WORK EXISTINGINFORMALFOOTPATH30-40% INVASIVE10-20% INVASIVE70-80% INVASIVE20-30% INVASIVE40-50% INVASIVE(5) CHOKEBERRY(5) SWEET FERN(3) BEACH PLUM(1) BAYBERRY(4) SWEET FERN(2) BEACH PLUM(6) ROSE(3) BAYBERRYEX. SAPLINGCEDARSEX. MULTI-STEMBLACK CHERRYEXISTINGINFORMALFOOTPATH(3) BAYBERRY(3) BEACH PLUM(2) BAYBERRY(4) SWEET FERN(12) SWEET FERN(6) VIBURNUM(5) CRANBERRYBUSH25'-11"14-'2"23'-6"8'-0"22'-0"4'-0"3'-0"6'-9"13'-2"4'-10"13'-4"3'-10"8'-10"4-'0"2'-6"8'-8"4'-0"SCALE:DATE:NO:DATE:REVISION:BY:All rights reserved. The drawings, designs, andideas embodied therein are property of CLMand shall not be copied, reproduced, ordisclosed in connection with any work otherthan the project for which they have beenprepared, in whole or part, without priorwritten authorization of CLM.88 Route 6A, Suite 2B | Sandwich, MA 02563www.crawfordlm.com | 508.477.1346BARNSTABLE, MA 02630 268 INDIAN TRAIL PRIVATE RESIDENCE11/6/251" = 10'1 OF 1MITIGATIONPLANMerrill Engineers andLand Surveyors40 Court Street, Ste 2APlymouth, MA 02360(508) 746-6060SURVEYOR/ENGINEER:CLM WILL NOT PROVIDEOVERSIGHT OR CERTIFICATIONFOR ANY WORK COMPLETEDBY OTHERS, NOR DOES CLMTAKE ANY RESPONSIBILITY FORWORK COMPLETED BY OTHERS.NOT FORCONSTRUCTION(ISSUED FORPERMITTING/APPROVAL)N10 5 0 10 30MITIGATION AREA(+/- 849 SF)PREVIOUSLY CUT TREETO BE REPLACEDCOVERAGE CALCULATIONS - WITHIN RESOURCE AREAEXISTINGPROPOSEDCHANGENET CHANGEREQ. MIT.Existing Deck464 +/- SF444 +/- SF-20 +/- SF0 +/- SFN/ABluestone Steps0 SF20 +/- SF+20 +/- SFCOVERAGE CALCULATIONS - WITHIN 0-50 BUFFEREXISTINGPROPOSEDCHANGENET CHANGEREQ. MIT.Existing Deck86 +/- SF97 +/- SF+11 +/- SFBluestone Walkway0 SF44 +/- SF+44 +/- SF+210 +/- SF4:1 = 840 SFPorch47 +/- SF193 +/- SF+146 +/- SFGarage79 +/- SF(concrete apron)88 +/- SF+9 +/- SFMITIGATION PLANT SCHEDULESCIENTIFIC NAMECOMMON NAMEQTYSIZETREES (3)Acer rubrumRed Maple11.5" - 2" caliper or equiv.Nyssa sylvaticaTupelo21.5" - 2" caliper or equiv.SHRUBS (40)Comptonia peregrinaSweet Fern16#3Morella pensylvanicaNorthern Bayberry5#3 - #5Prunus maritimaBeach Plum3#3 - #5Rosa carolinaCarolina Rose5#3Viburnum dentatumViburnum6#3 - #5Viburnum trilobum var.americanumCranberrybush5#3 - #5CLM Custom Restoration Seed Mix:Carex brevior (Plains Oval Sedge),Danthonia spicata (Poverty Oat Grass),Schizachyrium scoparium (Little Bluestem),Sporobolus cryptandrus (Sand Dropseed)INITIAL INVASIVE SPECIES MANAGEMENT WITHIN THERESTORATION AREA:·Treat and remove all approved vegetation using anappropriate herbicide(Glyphosate-based orTriclopyr-based) using a cut and wipe method.·Vegetation to be flush cut leaving the roots in place tomaintain soil stability.·Seed any exposed soils within the restoration area withthe restoration seed mix to establish a native vegetativegroundcover.·Cover any exposed soils with clean chopped straw orbio-degradable erosion control blankets staked in place.No mulch will be used.VEGETATION MANAGEMENT WITHIN THE VIEW WINDOW:·Invasive species within the restoration area will beremoved and replaced with native shrubs.·All native species will remain.·Black cherry saplings may be flush cut and managed asstump sprouts to train for a single stem leader.·Vegetation may be maintained at no less than a heightof 5'. Pruning will be done in an undulating manner andthere will be absolutely no topping.·Any pruning will adhere to ANSI A300 Pruning Standardsand pruning work will be completed or overseen by anISA or MA certified arborist.·If requested, a pre-work meeting may be arranged withthe Agent prior to any pruning work being initiated.MITIGATION AREA PREPARATION:·Prepare the mitigation area by removing lawn using asod cutter and tracked skid steer.·Seed any exposed soils with the restoration seed mix toestablish a native vegetative groundcover.PLANTING:·Mitigation area plantings to be installed afterreconstruction of the retaining wall is complete and afterthe Mitigation Area has been prepared accordingly.·Restoration area plantings to be installed after invasivevegetation has achieved a minimum of approximately80% eradication. The location of restoration plantingsmay be adjusted in the field based on actual conditionsafter invasive species removal.·Plantings to be installed in the spring or fall.·Install a temporary, above-ground drip irrigation systemto supply supplemental water to all mitigation plantingsfor 2-3 growing seasons or until plantings are established.·Demarcation markers will be installed on the landwardside of the mitigation planting area.MAINTENANCE (3 SEASONS MIN.):·If any state-listed invasive species, annual weed speciesor aggressive species are encountered, they will bemanaged using an appropriate herbicide(Glyphosate-based or Triclopyr-based) using a cut andwipe method or selective foliar method to encouragenative plant communities to continue to establish andsustain.·Approved vegetation management within the viewcorridor will be ongoing. All pruning work will adhere toANSI A300 Pruning Standards.CONTRACTOR QUALIFICATIONS:·All machine work should be completed by an insuredoperator with the appropriate hoisting and hydraulicslicenses.·All herbicide applications should be completed byMassachusetts state-licensed and insured applicatorsthat have extensive knowledge of native/invasivespecies and are able to identify species in bare twigconditions.·Restoration/mitigation work shall be overseen by aCertified Ecological Restoration Practitioner, unlessapproved otherwise by the Conservation Commission.·Any pruning work will be completed or overseen by anISA or MA certified arborist.PLAN NOTESRESTORATION AREA(+/- 2,851 SF)RESTORATION PLANT SCHEDULESCIENTIFIC NAMECOMMON NAMEQTYSIZESHRUBS (29)Aronia melanocarpaChokeberry5#3 - #5Comptonia peregrinaSweet Fern9#3 - #5Morella pensylvanicaNorthern Bayberry4#3 - #5Prunus maritimaBeach Plum5#3 - #5Rosa carolinaCarolina Rose6#31 1/7/26 Adding dimensions; updating language for vegetation management within the view window LT Project Narrative, Timeline & Methodology 88 Route 6A, Suite 2B Sandwich MA 508.477.1346 info@crawfordlm.com WWW.CRAWFORDLM.COM PREPARED FOR 268 Indian Trail Barnstable, MA 02630 DATE November 20th, 2025 REVISED January 7th, 2026 2 PROJECT INTRODUCTION This project is located at 268 Indian Trail in Barnstable abutting Barnstable Harbor to the north. This project proposes several site improvements, including reconfiguration of an existing rear deck, construction of an addition on the existing garage, creation of a walkway and steps over the bank, creation of a front porch, and replacement of an existing timber retaining wall, a portion of existing paved asphalt driveway, and the existing front walkway. Associated mitigation is proposed for these site improvements, and a portion of the naturalized area on the property is proposed to be restored as well. Resource areas on the property include Salt Marsh, Coastal Dune, Coastal Bank, Bordering Vegetated Wetland, Flood Zone VE (el. 15) transitioning to Flood Zone AE (el. 13), Flood Zone AE (el. 13) transitioning to Flood Zone X, Areas of Estimated and Priority Habitat (PH 892) of Rare Wildlife per NHESP, the Sandy Neck Barrier Beach System Area of Critical Environmental Concern, and Outstanding Resource Waters (ORW). AERIAL PHOTO COURTESY OF MASSMAPPER. BARNSTABLE HARBOR INDIAN TRAIL SUBJECT PROPERTY 3 EXISTING CONDITIONS This property is currently developed as a single-family residence. There is an existing dwelling which is undergoing renovations, as well as a paved asphalt driveway, rear wooden deck, front brick walkway, timber retaining wall, landscape planting beds, and naturalized area between the dwelling and the Harbor. Resource areas on the property include Salt Marsh, Coastal Dune, Coastal Bank, Bordering Vegetated Wetland, Flood Zone VE (el. 15) transitioning to Flood Zone AE (el. 13), Flood Zone AE (el. 13) transitioning to Flood Zone X, Areas of Estimated and Priority Habitat (PH 892) of Rare Wildlife per NHESP, the Sandy Neck Barrier Beach System Area of Critical Environmental Concern, and Outstanding Resource Waters (ORW). However, no work is proposed within the Salt Marsh or Bordering Vegetated Wetland itself. Naturalized areas throughout the property are quite variable. Some interior portions of the naturalized areas are characterized primarily by native trees and shrubs, with occassional invasive vines growing over them. However, naturalized areas that are adjacent to the used spaces of the property are more heavily characterized by invasive trees, shrubs and vines. Native species observed within the project area included eastern red cedar (Juniperus virginiana), black cherry (Prunus serotina), Virginia rose (Rosa virginiana), bayberry (Morella pensylvanica), beach plum (Prunus maritima), arrowwood viburnum (Viburnum dentatum), and virginia creeper (Parthenocissus quinquefolia). Native but aggressive species included grape vine (Vitis sp.), poison ivy (Toxicodendron radicans), and greenbrier (Smilax rotundifolia). Invasive species observed included Oriental bittersweet (Celastrus orbiculatus), shrub honeysuckle (Lonicera sp.), privet (Ligustrum sp.), and autumn olive (Elaeagnus umbellata). On the Mitigation Plan, the vegetation composition was shown as approximate areas and their relative percent of invasive cover. EXISTING NATURALIZED AREA FOR RESTORATION AND VIEW MAINTENANCE 4 EXISTING DRIVEWAY TO BE REPLACED WITH DRY-LAID PAVERS & AREA FOR GARAGE EXPANSION EXISTING FRONT WALKWAY TO BE REPLACED WITH DRY-LAID PAVERS & AREA FOR CREATION OF FRONT PORCH EXISTING TIMBER RETAINING WALL TO BE REPLACED & AREA FOR BLUESTONE WALKWAY/STEPS AREA FOR MITIGATION PLANTINGS ON EAST SIDE OF PROPERTY EXISTING NATURALIZED AREA TO BE RESTORED 5 PROPOSED PROJECT ACTIVITIES This project proposes several improvements to the site features of the property. For one, a porch is proposed on the front side of the dwelling and a small expansion of the existing garage is proposed as well. Additionally, the rear wooden deck is proposed to be reconfigured/rebuilt. The existing timber retaining wall on the east side of the dwelling is proposed to be rebuilt in-place with fieldstone, and will not exceed the height of the current wall. A bluestone walkway and steps are proposed to connect the door on the east side of the dwelling to the lawn area below. Lastly, the existing paved asphalt driveway and brick front walkway are proposed to be replaced in-place with dry-laid pavers. For the above-mentioned site improvements, there is an increase of approximately 210 square feet of coverage, which means that at a 4:1 ratio, a minimum of 840 square feet of mitigation is proposed. Approximately 849 square feet of mitigation is proposed, and the mitigation areas would be located in areas which are currently unnaturalized as lawn. A mix of native shrubs is proposed, including sweet fern (Comptonia peregrina), bayberry, beach plum, Carolina rose (Rosa carolina), arrowwood viburnum, and cranberrybush (Viburnum trilobum var. americanum). Three trees on the east side of the dwelling appear to have been recently removed to accomodate improvement work done to the dwelling, and these trees are proposed to be replaced 1:1 with red maple (Acer rubrum) and tupelo (Nyssa sylvatica) within the mitigation area. Additionally, this project proposes to complete restoration work within the naturalized areas aimed at improving/preserving views and maintaining a healthy, native plant community. The restoration area extends from the existing foot path through the dune over to the edge of the westerly bordering vegetated wetland. Within the restoration area, any invasive species will be treated and removed using an appropriate Glyphosate- or Triclopyr-based herbicide. Separate sub-areas are shown on the Mitigation Plan which characterize the existing percentage of invasive vegetation, which helped inform the re-vegetation strategy. Black chokeberry (Aronia melanocarpa), sweet fern, bayberry, beach plum, and Carolina rose were used to revegetate areas where invasive shrubs will be removed. The exact location of plantings may need to be adjusted in the field at the time of planting. Lastly, within the restoration area, vegetation management is proposed in order to maintain a view window tooward the Harbor while allowing the naturalized areas outside of the view window to grow up and be left to re-naturalize without future management. Aside from removing invasive species and replacing with natives, any black cherry saplings may be flush cut and managed as stump sprouts to train for a single stem leader. The black cherry saplings have been mismanaged in years prior and flush cutting them and training them as stump sprouts will encourage a more sustainable form. Additionally, vegetation may be maintained at no less than a height of 5’. Pruning will be done in an undulating manner and there will be absolutely no topping. Any pruning work will adhere to ANSI A300 Pruning Standards and pruning work will be completed or overseen by an ISA or MA certified arborist. If requested, a pre-work meeting may be arranged with the Agent prior to any pruning work being initiated. 6 LAND MANAGEMENT TIMELINE WINTER 2025 / EARLY SPRING 2026 INITIAL VEGETATION MANAGEMENT WITHIN THE RESTORATION AREA / VIEW WINDOW • Treat and remove all approved vegetation using an appropriate herbicide (Glyphosate-based or Triclopyr-based) using a cut and wipe method. • Vegetation to be flush cut leaving the roots in place to maintain soil stability. • Seed any exposed soils within the restoration area with the restoration seed mix to establish a native vegetative groundcover. • Cover any exposed soils with clean chopped straw or bio-degradable erosion control blankets staked in place. • Flush cut black cherry saplings for future stump sprout management. • If necessary, prune vegetation within the view window to a minimum height of 5 feet. Pruning will be done in an undulating manner and there will be absolutely no topping. SPRING OR FALL 2026 MITIGATION AREA PREPARATION • Prepare the mitigation area by removing lawn using a sod cutter and tracked skid steer. • Seed any exposed soils with the restoration seed mix to establish a native vegetative groundcover. PLANTING • Mitigation area plantings to be installed after reconstruction of the retaining wall is complete and after the Mitigation Area has been prepared accordingly. • Restoration area plantings to be installed after invasive vegetation has achieved a minimum of approximately 80% eradication. The location of restoration plantings may be adjusted in the field based on actual conditions after invasive species removal. • Plantings to be installed in the spring or fall based on availability and invasive species control. • Install a temporary, above-ground drip irrigation system to supply supplemental water to all mitigation plantings for 2-3 growing seasons or until plantings are established. ONGOING (2026 - 2028 GROWING SEASONS / 3 YEARS MINIMUM) MAINTENANCE • If any state-listed invasive species, annual weed species or aggressive species are encountered, they will be managed using an appropriate herbicide (Glyphosate-based or Triclopyr-based) using a cut and wipe method or selective foliar method to encourage native plant communities to continue to establish and sustain. • Manage flush cut black cherry saplings as stump sprouts and train for lateral growth. • Approved pruning within the view corridor will be ongoing, as necessary. All pruning work will adhere to ANSI A300 Pruning Standards. 7 PROJECT METHODOLOGY STAGING & ACCESS • Construction access will be from the existing driveway across the existing lawn. Access for mitigation/restoration work will be from the west side of the dwelling where the grade is flat. • Staging of machinery, equipment, and materials will be contained within the limit of work as shown on the Mitigation Plan. CONSTRUCTION EQUIPMENT • Small machinery/equipment, such as a mini tracked skid steer (Dingo), may be used to aid in the transport of invasive vegetation for removal or trees/shrubs for planting. • The existing lawn and resource areas will be protected in areas where machinery or equipment must be used using AlturnaMats or an approved equivalent. • Equipment will be re-fueled off-site. If equipment must be re-fueled on-site, adequate containment and cleanup material will be available to minimize impacts. CONSTRUCTION PROTOCOL FOR RETAINING WALL • Silt fencing (trenched in place) will be installed along the limit of work line, as shown on the plan, prior to beginning any work on the retaining wall. • After the existing timber retaining wall is removed, filter fabric will be placed along the face of the bank/existing earth. • From the top of the bank, an excavator will be used to place field stones over top of the filter fabric and set the stones in place. • Deadmen from the existing wall may be left in place. Portions which extend out futher than necessary, if any, may be cut off. • Equipment used for construction of the retaining wall would include a tracked excavator and tracked skid steer. 8 Performance Standards Narrative 88 Route 6A, Suite 2B Sandwich MA 508.477.1346 info@crawfordlm.com WWW.CRAWFORDLM.COM PREPARED FOR 268 Indian Trail Barnstable, MA 02630 DATE November 20th, 2025 REVISED January 7th, 2026 9 310 CMR 10.00: The Wetlands Protection Act 10.28: Coastal Dunes (3) Any alteration of, or structure on, a coastal dune or within 100 feet of a coastal dune shall not have an adverse effect on the coastal dune by: (a) affecting the ability of waves to remove sand from the dune; The ability of waves to remove sand from the dune will not be impacted. Only invasive species management, planting, and view improvements are proposed within the dune. (b) disturbing the vegetative cover so as to destabilize the dune; Vegetation management work will not destabilize the dune. Any vegetation for removal will be flush cut so as to leave root systems in place and areas where vegetation is removed will be replanted with native species which have root systems better adapted to stabilizing soils. (c) causing any modification of the dune form that would increase the potential for storm or flood damage; The form of the dune will not be modified. Only minor vegetation management work is proposed. (d) interfering with the landward or lateral movement of the dune; The landward or lateral movement of the dune will not be impacted. Only minor vegetation management work is proposed. (e) causing removal of sand from the dune artificially; or Sand will not be removed from the dune artificially. (f) interfering with mapped or otherwise identified bird nesting habitat. Bird nesting habitat will not be negatively impacted. Invasive species management will replace invasive vegetation with native vegetation which is better able to support the needs of native wildlife. (4) Notwithstanding the provisions of 310 CMR 10.28(3), when a building already exists upon a coastal dune, a project accessory to the existing building may be permitted, provided that such work, using the best commercially available measures, minimizes the adverse effect on the coastal dune caused by the impacts listed in 310 CMR 10.28(3)(b) through (e). Such an accessory project may include, but is not limited to, a small shed or a small parking area for residences. It shall not include coastal engineering structures. No building exists, nor is a project accessory to an existing building, proposed within the actual coastal dune itself. (5) The following projects may be permitted, provided that they adhere to the provisions of 310 CMR 10.28(3): (a) pedestrian walkways, designed to minimize the disturbance to the vegetative cover and traditional bird nesting habitat; Only a 4’ wide bluestone walkway and steps are proposed to connect the side door to the rear lawn area. 10 (b) fencing and other devices designed to increase dune development; and No fencing is proposed. (c) plantings compatible with the natural vegetative cover. Native plantings are proposed within the mitigation and restoration areas in order to create new naturalized areas or improve existing. (6) Notwithstanding the provisions of 310 CMR 10.28(3) through (5), no project may be permitted which will have any adverse effect on specified habitat sites of Rare Species, as identified by procedures established under 310 CMR 10.37. Proposed work will have no adverse effect on habitat sites of rare species. Site work is only proposed within currently non-naturalized areas, and existing naturalized areas will be improved and/or expanded upon. 10.30: Coastal Banks (3) No new bulkhead, revetment, seawall, groin or other coastal engineering structure shall be permitted on such a coastal bank except that such a coastal engineering structure shall be permitted when required to prevent storm damage to buildings constructed prior to the effective date of 310 CMR 10.21 through 10.37 or constructed pursuant to a Notice of Intent filed prior to the effective date of 310 CMR 10.21 through 10.37 (August 10, 1978), including reconstructions of such buildings subsequent to the effective date of 310 CMR 10.21 through 10.37, provided that the following requirements are met. N/A. No coastal engineering structure is proposed. (4) Any project on a coastal bank or within 100 feet landward of the top of a coastal bank, other than a structure permitted by 310 CMR 10.30(3), shall not have an adverse effect due to wave action on the movement of sediment from the coastal bank to coastal beaches or land subject to tidal action. Proposed work will not have an adverse effect on the movement of sediment from the coastal bank. The form of the bank itself will not be altered. Only an existing timber retaining wall will be replaced in-kind. Work within the buffer zone is limited to areas which are currently developed or non-naturalized. Sediment will continue to be able to move freely to the extent that it currently does. (5) The Order of Conditions and the Certificate of Compliance for any new building within 100 feet landward of the top of a coastal bank permitted by the issuing authority under M.G.L. c. 131, § 40 shall contain the specific condition: 310 CMR 10.30(3), promulgated under M.G.L. c. 131, § 40, requires that no coastal engineering structure, such as a bulkhead, revetment, or seawall shall be permitted on an eroding bank at any time in the future to protect the project allowed by this Order of Conditions. (6) Any project on such a coastal bank or within 100 feet landward of the top of such coastal bank shall have no adverse effects on the stability of the coastal bank. Proposed work will not have an adverse effect on the stability of the coastal bank. The form of the bank itself will not be altered. Only an existing timber retaining wall will be replaced in-kind which will preserve the stability of the existing landform. (7) Bulkheads, revetments, seawalls, groins or other coastal engineering structures may be permitted on such a coastal bank except when such bank is significant to storm damage prevention or flood control because it supplies sediment to coastal beaches, coastal dunes, and barrier beaches. N/A. No coastal engineering structure is proposed. 11 (8) Notwithstanding the provisions of 310 CMR 10.30(3) through (7), no project may be permitted which will have any adverse effect on specified habitat sites of rare vertebrate or invertebrate species, as identified by procedures established under 310 CMR 10.37. Proposed work will have no adverse effect on habitat sites of rare species. Site work is only proposed within currently non-naturalized areas, and existing naturalized areas will be improved and/or expanded upon. 10.32: Salt Marshes (3) A proposed project in a salt marsh, on lands within 100 feet of a salt marsh, or in a body of water adjacent to a salt marsh shall not destroy any portion of the salt marsh and shall not have an adverse effect on the productivity of the salt marsh. Alterations in growth, distribution and composition of salt marsh vegetation shall be considered in evaluating adverse effects on productivity. 310 CMR 10.32(3) shall not be construed to prohibit the harvesting of salt hay. No work is proposed within the salt marsh. Work adjacent to the salt marsh is limited to invasive species management and restoration activities which will have no adverse effect on the productivity of the salt marsh. (4) Notwithstanding the provisions of 310 CMR 10.32(3), a small project within a salt marsh, such as an elevated walkway or other structure which has no adverse effects other than blocking sunlight from the underlying vegetation for a portion of each day, may be permitted if such a project complies with all other applicable requirements of 310 CMR 10.21 through 10.37. N/A. No work is proposed within the salt marsh. (5) Notwithstanding the provisions of 310 CMR 10.32(3), a project which will restore or rehabilitate a salt marsh, or create a salt marsh, may be permitted in accordance with 310 CMR 10.11 through 10.14, 10.24(8), and/or 10.53(4). N/A. No salt marsh restoration or rehabilitation is proposed with this project. (6) Notwithstanding the provisions of 310 CMR 10.32(3) through (5), no project may be permitted which will have any adverse effect on specified habitat sites of Rare Species, as identified by procedures established under 310 CMR 10.37. Proposed work will have no adverse effect on habitat sites of rare species. Site work is only proposed within currently non-naturalized areas, and existing naturalized areas will be improved and/or expanded upon. 10.57: Land Subject to Flooding (4) General Performance Standards (a) Bordering Land Subject to Flooding 1. Compensatory storage shall be provided for all flood storage volume that will be lost as the result of a proposed project within Bordering Land Subject to Flooding, when in the judgment of the issuing authority said loss will cause an increase or will contribute incrementally to an increase in the horizontal extent and level of flood waters during peak flows. Compensatory storage shall mean a volume not previously used for flood storage and shall be incrementally equal to the theoretical volume of flood water at each elevation, up to and including the 100-year flood elevation, which would be displaced by the proposed project. Such compensatory volume shall have an unrestricted hydraulic connection to the same waterway or water body. Further, with respect to waterways, such compensatory volume shall be provided within the same reach of the river, stream or creek. 12 No flood storage volume will be lost which will cause an increase or will contribute incrementally to an increase in the horizontal extent and level of flood waters during peak flows. Within Flood Zone VE, only restoration activities are proposed. Within Flood Zone AE, only reconfiguration of the deck is proposed as well as creation of a 4’ wide set of steps over the retaining wall. The reconfigured deck will occupy largely the same footprint as existing, and the steps only occupy 20 square feet, which is not significant enough to affect flood waters. 2. Work within Bordering Land Subject to Flooding, including that work required to provide the above-specified compensatory storage, shall not restrict flows so as to cause an increase in flood stage or velocity. Proposed work will not restrict flows. Within Flood Zone VE, only restoration activities are proposed. Within Flood Zone AE, only reconfiguration of the deck is proposed as well as creation of a 4’ wide set of steps over the retaining wall. The reconfigured deck will occupy largely the same footprint as existing, and the steps only occupy 20 square feet, which is not significant enough to affect flood waters. 3. Work in those portions of bordering land subject to flooding found to be significant to the protection of wildlife habitat shall not impair its capacity to provide important wildlife habitat functions. Except for work which would adversely affect vernal pool habitat, a project or projects on a single lot, for which Notice(s) of Intent is filed on or after November 1, 1987, that (cumulatively) alter(s) up to 10% or 5,000 square feet (whichever is less) of land in this resource area found to be significant to the protection of wildlife habitat, shall not be deemed to impair its capacity to provide important wildlife habitat functions. Additional alterations beyond the above threshold, or altering vernal pool habitat, may be permitted if they will have no adverse effects on wildlife habitat, as determined by procedures contained in 310 CMR 10.60. Proposed work is below the stated threshold and will not impair the site’s capacity to provide important wildlife habitat functions. (c) Protection of Rare Wildlife Species Notwithstanding the provisions of 310 CMR 10.57(4)(a) or (b), no project may be permitted which will have any adverse effect on specified wildlife habitat sites of rare vertebrate or invertebrate species, as identified by procedures established under 310 CMR 10.59. Proposed work will have no adverse effect on habitat sites of rare species. Site work is only proposed within currently non-naturalized areas, and existing naturalized areas will be improved and/or expanded upon. Town of Barnstable Part VII: Conservation Commission Regulations Chapter 704 Wetlands Buffer Zone Activity 704-3 Performance Standards for Projects Requiring Notice of Intent A. A 50 ft undisturbed buffer zone shall be retained between the landward-most wetland resource areas and the limit of proposed site disturbance. A 50 ft undisturbed buffer zone does not currently exist, although proposed work is limited to existing developed and/or non-naturalized areas. Mitigation is offered for proposed site improvements, and mitigation will be located within the resource area itself, which is deemed of greater value than locating it within the buffer zone. 13 B. Where a 50 ft undisturbed buffer zone, as measured in accordance with 704-2A, exists prior to the proposed work and is proposed to remain intact, proposed work within the 50 to 100 ft. buffer zone shall not require further buffer zone enhancement. N/A. A 50 ft undisturbed buffer zone does not currently exist. C. Where a 50 ft undisturbed buffer zone, as measured in accordance with 704-2A, does not exist prior to the proposed work, any work proposed within the 100 ft. buffer zone shall be subject to mitigation planting requirements intended to restore, in so far as possible, both the dimensions of a 50 ft undisturbed buffer and its vegetation. For such work proposed within the 50-100 ft zone, the calculation of mitigation is set forth in 704-3D. A 50 ft undisturbed buffer zone does not currently exist, and mitigation is proposed within the resource area itself, which is deemed of greater value than locating it within the buffer zone. D. Calculation of mitigation for work proposed within the 50 to 100 ft buffer. The amount of mitigation planting required for work proposed within the 50-100 ft. buffer zone shall be determined by the following method: a. Calculate area of proposed hardscape within the 50 to 100 ft. buffer zone; N/A. There is no newly proposed hardscape within the 50 to 100 ft buffer zone. b. Multiply the area found in 704-3D(a) by 3 to obtain the area of required mitigation at a 3:1 planting to disturbance ratio. N/A. There is no newly proposed hardscape within the 50 to 100 ft buffer zone. c. In no case shall the total area of mitigation plantings required be greater than that which is necessary to restore a 50 ft. undisturbed buffer in its entirety. E. Location of mitigation planting. Mitigation planting location(s) shall clearly be shown on the site plan. The plan shall also provide area calculations for the amount of mitigation planting herein required, and the amount of mitigation planting proposed. The mitigation planting area is clearly shown on the plan and a table outlining mitigation calculations has been provided on the plan as well. F. Best practices: (1) The Conservation Commission shall exercise a preference for pervious surface types of hardscape. A portion of the existing paved asphalt driveway is proposed to be replaced with dry laid pavers. The existing brick front walkway will also proposed to be replaced in-kind with dry laid pavers. (2) Where possible and practical, proposed hardscape within the 50 to 100 ft. buffer zone shall be located no closer than 10 ft from the landward limit of the 50 ft buffer zone, so that attendant construction, landscaping and maintenance activities may proceed without impact to the 50 ft buffer zone. No hardscape is proposed within the 50-100 ft buffer zone. 14 704-4 Required Waiver of Performance Standards for Projects Proposed in Fifty-Foot Buffer A. Hardscape or landscape alteration proposed within the 50 ft buffer, (except as noted in § 704-6 below) shall require a full or partial waiver of the performance standards found in Section 704-3. The Conservation Commission shall have the discretion to grant a waiver should it find that the overall project, when considered with its proposed mitigation, will protect the wetland interests contained in Chapter 237. The waiver shall specify the terms of acceptable mitigation in accordance with Section 704-4(B) and either Section 704-4(C) or 704-5 below. To the extent feasible and practical, work should be avoided within the 50 ft buffer. Therefore, the granting of a waiver and acceptance of mitigation for work performed within the 50 ft. buffer should be considered only under exceptional, limited circumstances. In the absence of a waiver, hardscape or landscape alteration proposed within the 50 ft. buffer shall not be undertaken. A waiver is requested for work within the 50 ft buffer. Within the 50 ft buffer, proposed work includes an addition to the existing garage, construction of a front porch, replacement of an existing brick walkway in-kind with dry laid pavers, and construction of a 4’ wide bluestone walkway. Work is situated within the 50 ft buffer, as the existing structure and site features are already located within this buffer zone. Approximately 840 square feet of mitigation is required, and approximately 850 square feet of mitigation is proposed. Mitigation will take the form of native trees, shrubs and grasses planted within existing lawn in order to expand the existing naturalized areas. In addition, approximately 2,850 square feet of restoration work is proposed, which will treat and remove sporadic instances of invasive vegetation and re-vegetate the area with native species. B. Calculation of mitigation under a waiver (1) The minimum amount of mitigation planting required for a waiver of performance standards (Section 704-3) shall be determined using the following formula: a. Calculate area of disturbance from proposed hardscape and landscape alterations within the 50 ft. buffer zone; and The area of alteration within the 50 ft buffer zone is approximately 210 square feet. b. Multiply the area found in Section 704-4(B)(1)a by 4 to obtain the area of required mitigation at a 4:1 planting to disturbance ratio. 210 x 4 = 840 square feet of mitigation required. C. On-site mitigation under a waiver. (1) When the required mitigation is to be provided on site, mitigation planting location(s) shall clearly be shown on the site plan. The plan shall also provide area calculations for the amount of 50 ft buffer zone altered, the amount of mitigation planting herein required, and the amount of mitigation planting proposed. The mitigation planting area is clearly shown on the plan and a table outlining mitigation calculations has been provided on the plan as well. 15 704-5 Applicability A. This Regulation shall not be construed to preclude the following activities, any of which may be permitted at the Commission’s discretion, and without accompanying requirement for mitigation planting: (1) Access paths; An existing access path through the naturalized area is proposed to remain as-is. A front walkway made of brick is proposed to be replaced in the same location with dry-laid pavers. Lastly, a 4’ wide bluestone walkway is proposed to connect a side door to a set of steps over the coastal bank. (2) The following maintenance activities: vista pruning; invasive species control; repair/replacement of subsurface septic disposal systems; or removal/replacement of underground fuel tanks or 21e cleanup; Invasive species management is proposed within the restoration area. Vista pruning is also proposed within the view window, and includes flush cutting black cherry saplings and managing as stump sprouts, as well as pruning vegetation to a minimum height of 5’. (3) Projects undertaken by a government agency that can be demonstrated to provide an overriding public benefit such as the area-wide improvement of water quality or the reduction of ground or surface water pollution; N/A. (4) The construction or reconstruction, without expansion or intensification of use, of all or a portion of a previously existing structure which utilizes a pre-existing foundation or footprint without need of additional excavation or filling, and either: (a) is approved, or (b) was constructed prior to 1973; The existing rear wooden deck is proposed to be reconstructed in largely the same footprint. An existing timber retaining wall is also proposed to be replaced in the same location as a fieldstone retaining wall. Lastly, the existing front brick walkway is proposed to be replaced in-kind with dry laid pavers. (5) The construction of water dependent facilities as defined in 704-2(F) herein. N/A.