HomeMy WebLinkAbout20260317 NOI Bayside 148 and 186 Windswept Way_Application
148 and 186
Windswept Way
Shoreline
Improvements Project
Notice of Intent
SUBMITTED TO
Barn stable Conservation
Commission
February 2026
940 Route 28
P.O. Box 6
South Harwich, MA 02661
T 508.255.6511
2750890223.01.030.2
February 17, 2026
Edwin Hoopes, Conservation Administrator
Barnstable Conservation Division Office
230 South Street
Hyannis, MA 02601
Re: Notice of Intent
148 and 186 Windswept Way Shoreline Improvements Project
Osterville, MA
Dear Mr. Hoopes and Members of the Conservation Commission :
On behalf of Bayside Property Holdings, LLC and Osterville Property Holdings – One LLC (the “Applicant”),
Tighe & Bond is pleased to submit a Notice of Intent to the Town of Barnstable Conservation Commission for
the 148 and 186 Windswept Way Shoreline Improvements Project (referred to as “the Project”). The proposed
Project includes the replacement of approximately 550 feet of failing stone wall with a timber bulkhead and a
nature-based shoreline stabilization solution (NBS) along the eastern shoreline of Cotuit Bay at 148 and 186
Windswept Way. The Project will stabilize the shoreline, reduce erosion, and protect coastal resources, and
includes a comprehensive ecological restoration component consisting of invasive species management,
native plantings, regenerative pruning, meadow restoration activities, and long-term vegetation management.
The Project activities will occur within coastal wetland resource areas subject to protection under the MA
Wetlands Protection Act (MA WPA) and Chapter 237 of the Town of Barnstable General Ordinances. Work will
also occur within the Buffer Zone to Coastal Bank. The application includes a request for a Waiver from
Performance Standards outlined in Section 704-3 of the Barnstable General Ordinances to allow work within
the 0-50-foot Buffer Zone to Coastal Bank.
Nine (9) copies of the NOI application are enclosed. An electronic copy of the application will be submitted to
the Conservation Commission. Filing fees in accordance with the MA WPA and Barnstable Wetlands Protection
Bylaw have been provided to the Commission with this sub mittal. Copies will also be provided to the
Barnstable Shellfish Biologist, Barnstable Harbormaster, MassDEP Southeast Regional Office, and MA DMF. The
state share of the MA WPA filing fee will be sent to the MassDEP Dropbox.
We believe the attached narrative is sufficient to allow the Commission to issue an Order of Conditions, as the
work will not compromise the interests of the WPA or the Barnstable Wetlands Protection Bylaw. We look
forward to discussing the Project with you at the next Conservation Commission public meeting scheduled for
March 3, 2026. If you have any questions regarding this application or if you require additional information,
please contact me at 617-640-2055 or BAngus@tighebond.com.
Very truly yours,
Briony Angus
VICE PRESIDENT
Copy: MassDEP SERO, MA DMF, Town of Barnstable Harbormaster, Town of Barnstable Shellfish Constable
Table of Contents
Notice of Intent
Table of Contents
SECTION 1 | Introduction .............................................................................................................. 1-1
1.1 Project Location & Description ...................................................................................................................... 1-1
1.2 Overview of NOI .............................................................................................................................................. 1-1
1.2.1 Project Beneflt ............................................................................................................................................. 1-2
1.2.2 Anticipated Schedule ................................................................................................................................. 1-2
1.2.3 Summary of Anticipated Permits ............................................................................................................... 1-2
SECTION 2 | Existing Environment ............................................................................................... 2-1
2.1 General Site Description ................................................................................................................................ 2-1
2.1.1 Project Location .......................................................................................................................................... 2-1
2.1.2 Project Locus & Project Site ....................................................................................................................... 2-1
2.2 Wetland Resource Areas ................................................................................................................................ 2-2
2.2.1 Methodology of Resource Area Investigations ....................................................................................... 2-2
2.2.2 Description of Wetland Resource Areas .................................................................................................. 2-2
2.2.3 Rare Species ................................................................................................................................................ 2-6
SECTION 3 | Alternatives Analysis ................................................................................................ 3-1
3.1 Project Alternatives ......................................................................................................................................... 3-1
3.1.1 No Action ..................................................................................................................................................... 3-1
3.1.2 Repair-in-Kind/Partial Reconstruction ....................................................................................................... 3-1
3.1.3 Stone Revetment ........................................................................................................................................ 3-1
3.1.4 Precast Concrete Block Wall ...................................................................................................................... 3-2
3.1.5 Cast-in-Place Concrete Wall with Stone Veneer ...................................................................................... 3-2
3.1.6 Sheet Pile Bulkhead .................................................................................................................................... 3-2
3.1.7 Hybrid Anchored Timber Bulkhead & Natured-Based Solution (NBS) (Preferred) .............................. 3-3
SECTION 4 | Project Description (Preferred Alternative) ........................................................... 4-1
4.1 Proposed Activities ......................................................................................................................................... 4-1
4.1.1 Timber Bulkhead ........................................................................................................................................ 4-1
4.1.2 Nature-Based Solution (NBS) .................................................................................................................... 4-1
4.1.3 Site Regrading ............................................................................................................................................ 4-2
4.1.4 Access Improvements ................................................................................................................................ 4-2
4.1.5 Vegetation Management/ Invasive Species Control Plan ...................................................................... 4-2
4.1.6 Native Plantings/ Restoration Plan ............................................................................................................ 4-3
4.2 Anticipated Construction Sequence ............................................................................................................. 4-4
4.3 Construction Methodology & Best Management Practices ........................................................................ 4-5
4.3.1 Erosion & Sedimentation Controls ............................................................................................................ 4-5
Notice of Intent
Table of Contents
4.3.2 Spill Prevention & Control .......................................................................................................................... 4-5
4.3.3 Dust Control ................................................................................................................................................ 4-5
4.3.4 Limit Vehicle Emissions .............................................................................................................................. 4-6
4.4 Site Access & Staging ..................................................................................................................................... 4-6
4.5 Site Stabilization & Restoration ...................................................................................................................... 4-6
SECTION 5 | Jurisdictional Activities & Regulatory Compliance .............................................. 5-1
5.1 Massachusetts Wetlands Protection Act ....................................................................................................... 5-1
5.1.1 Summary of MA WPA Jurisdictional Activities ......................................................................................... 5-1
5.1.2 Stormwater Management .......................................................................................................................... 5-6
5.2 Barnstable WPB ............................................................................................................................................... 5-6
5.2.1 Abutter Notiflcation .................................................................................................................................... 5-9
5.3 Other Pertinent Regulatory Programs ......................................................................................................... 5-10
5.3.1 Federal Permits/ Authorizations .............................................................................................................. 5-10
5.3.2 State Permits/ Authorizations .................................................................................................................. 5-10
5.3.3 Local Permits ............................................................................................................................................. 5-11
Tables
TABLE 1-1 Summary of Anticipated Permits, Review, and Approvals .................................................................... 1-3
TABLE 3-1 Existing Stone Wall Repair Alternatives ................................................................................................... 3-5
TABLE 5-1 Summary of Impacts1 ................................................................................................................................. 5-1
Appendices
Appendix A: Figures
Appendix B: Project Drawings
Appendix C: Site Photographs
Appendix D: Abutter Notiflcation
Appendix E: Land Management Plan – Wilkinson Ecological Design (January 2026)
J:\R\R5089 Residential\0223 - 186 Windswept Way, Osterville, MA\Permitting\NOI\2 - Project Narrative\NOI
Narrative.docx
F o r m s
148 and 186 Windswept Way Shoreline Improvements Project - Notice of Intent
MA WPA Form 3 – Notice
of Intent
wpaform3.doc • rev. 12/4/2023 Page 1 of 9
4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 3 – Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
Barnstable
City/Town
Important:
When filling out
forms on the
computer, use
only the tab key
to move your
cursor - do not
use the return
key.
Note:
Before
completing this
form consult
your local
Conservation
Commission
regarding any
municipal bylaw
or ordinance.
A. General Information
1. Project Location (Note: electronic filers will click on button to locate project site):
148 and 186 Windswept Way
a. Street Address
Osterville
b. City/Town
02655
c. Zip Code
Latitude and Longitude: 41.617020
d. Latitude
-70.423531
e. Longitude
052
f. Assessors Map/Plat Number
003 and 002
g. Parcel /Lot Number
2. Applicant:
a. First Name
b. Last Name
Bayside Property Holdings, LLC and Osterville Property Holdings - One LLC
c. Organization
500 John Hancock Road, c/o Jacqueline Kay
d. Street Address
Taunton
e. City/Town
MA
f. State
02780
g. Zip Code
781-278-2031
h. Phone Number
i. Fax Number
JKay@martignetti.com
j. Email Address
3. Property owner (required if different from applicant): Check if more than one owner
a. First Name
b. Last Name
c. Organization
d. Street Address
e. City/Town
f. State
g. Zip Code
h. Phone Number
i. Fax Number
j. Email address
4. Representative (if any):
Briony
a. First Name
Angus
b. Last Name
Tighe & Bond
c. Company
940 Route 28, P.O. Box 6
d. Street Address
South Harwich
e. City/Town
MA
f. State
02661
g. Zip Code
617-640-2055
h. Phone Number
i. Fax Number
BAngus@tighebond.com
j. Email address
5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form):
$2,110.00
a. Total Fee Paid
$1,042.50
b. State Fee Paid
$1,067.50
c. City/Town Fee Paid
wpaform3.doc • rev. 12/4/2023 Page 2 of 9
4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 3 – Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
Barnstable
City/Town
A. General Information (continued)
6. General Project Description:
The proposed Project includes the replacement of approximately 550 feet of failing stone wall with a
timber bulkhead and a nature-based shoreline stabilization solution. The Project will stabilize the
shoreline, reduce erosion, and protect coastal resources, and includes invasive management, native
landscaping, regenerative pruning, meadow restoration, and long-term vegetation management.
7a. Project Type Checklist: (Limited Project Types see Section A. 7b.)
1. Single Family Home 2. Residential Subdivision
3. Commercial/Industrial 4. Dock/Pier
5. Utilities 6. Coastal engineering Structure
7. Agriculture (e.g., cranberries, forestry) 8. Transportation
9. Other
7b. Is any portion of the proposed activity eligible to be treated as a limited project (including Ecological
Restoration Limited Project) subject to 310 CMR 10.24 (coastal) or 310 CMR 10.53 (inland)?
1. Yes No If yes, describe which limited project applies to this project. (See 310 CMR
10.24 and 10.53 for a complete list and description of limited project types)
2. Limited Project Type
If the proposed activity is eligible to be treated as an Ecological Restoration Limited Project (310
CMR10.24(8), 310 CMR 10.53(4)), complete and attach Appendix A: Ecological Restoration Limited
Project Checklist and Signed Certification.
8. Property recorded at the Registry of Deeds for:
Barnstable
a. County
230730 and 230903
b. Certificate # (if registered land)
c. Book
d. Page Number
B. Buffer Zone & Resource Area Impacts (temporary & permanent)
1. Buffer Zone Only – Check if the project is located only in the Buffer Zone of a Bordering
Vegetated Wetland, Inland Bank, or Coastal Resource Area.
2. Inland Resource Areas (see 310 CMR 10.54-10.58; if not applicable, go to Section B.3,
Coastal Resource Areas).
Check all that apply below. Attach narrative and any supporting documentation describing how the
project will meet all performance standards for each of the resource areas altered, including
standards requiring consideration of alternative project design or location.
wpaform3.doc • rev. 12/4/2023 Page 3 of 9
4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 3 – Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
Barnstable
City/Town
B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d)
For all projects
affecting other
Resource Areas,
please attach a
narrative
explaining how
the resource
area was
delineated.
Resource Area Size of Proposed Alteration Proposed Replacement (if any)
a. Bank
1. linear feet
2. linear feet
b. Bordering Vegetated
Wetland
1. square feet
2. square feet
c. Land Under
Waterbodies and
Waterways
1. square feet
2. square feet
3. cubic yards dredged
Resource Area Size of Proposed Alteration Proposed Replacement (if any)
d. Bordering Land
Subject to Flooding
1. square feet
2. square feet
3. cubic feet of flood storage lost
4. cubic feet replaced
e. Isolated Land
Subject to Flooding
1. square feet
2. cubic feet of flood storage lost
3. cubic feet replaced
f. Riverfront Area
1. Name of Waterway (if available) - specify coastal or inland
2. Width of Riverfront Area (check one):
25 ft. - Designated Densely Developed Areas only
100 ft. - New agricultural projects only
200 ft. - All other projects
3. Total area of Riverfront Area on the site of the proposed project:
square feet
4. Proposed alteration of the Riverfront Area:
a. total square feet
b. square feet within 100 ft.
c. square feet between 100 ft. and 200 ft.
5. Has an alternatives analysis been done and is it attached to this NOI? Yes No
6. Was the lot where the activity is proposed created prior to August 1, 1996? Yes No
3. Coastal Resource Areas: (See 310 CMR 10.25-10.35)
Note: for coastal riverfront areas, please complete Section B.2.f. above.
wpaform3.doc • rev. 12/4/2023 Page 4 of 9
4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 3 – Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
Barnstable
City/Town
B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d)
Check all that apply below. Attach narrative and supporting documentation describing how the
project will meet all performance standards for each of the resource areas altered, including
standards requiring consideration of alternative project design or location.
Online Users:
Include your
document
transaction
number
(provided on
your receipt
page) with all
supplementary
information you
submit to the
Department.
Resource Area Size of Proposed Alteration Proposed Replacement (if any)
a. Designated Port Areas Indicate size under Land Under the Ocean, below
b. Land Under the Ocean
1. square feet
2. cubic yards dredged
c. Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below
d. Coastal Beaches 1,750
1. square feet
2. cubic yards beach nourishment
e. Coastal Dunes
1. square feet
2. cubic yards dune nourishment
Size of Proposed Alteration Proposed Replacement (if any)
f. Coastal Banks 505
1. linear feet
g. Rocky Intertidal
Shores
1. square feet
h. Salt Marshes
1. square feet
2. sq ft restoration, rehab., creation
i. Land Under Salt
Ponds
1. square feet
2. cubic yards dredged
j. Land Containing
Shellfish
1. square feet
k. Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
above
1. cubic yards dredged
l. Land Subject to
Coastal Storm Flowage
29,000
1. square feet
4. Restoration/Enhancement
If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the
square footage that has been entered in Section B.2.b or B.3.h above, please enter the additional
amount here.
a. square feet of BVW
b. square feet of Salt Marsh
5. Project Involves Stream Crossings
a. number of new stream crossings
b. number of replacement stream crossings
wpaform3.doc • rev. 12/4/2023 Page 5 of 9
4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 3 – Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
Barnstable
City/Town
C. Other Applicable Standards and Requirements
This is a proposal for an Ecological Restoration Limited Project. Skip Section C and
complete Appendix A: Ecological Restoration Limited Project Checklists – Required Actions
(310 CMR 10.11).
Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review
1. Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on
the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural
Heritage and Endangered Species Program (NHESP)? To view habitat maps, see the Massachusetts
Natural Heritage Atlas or go to http://maps.massgis.state.ma.us/PRI_EST_HAB/viewer.htm.
a. Yes No If yes, include proof of mailing or hand delivery of NOI to:
Natural Heritage and Endangered Species Program
Division of Fisheries and Wildlife
1 Rabbit Hill Road
Westborough, MA 01581
Phone: (508) 389-6360
August 2021
b. Date of map
If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321
CMR 10.18). To qualify for a streamlined, 30-day, MESA/Wetlands Protection Act review, please
complete Section C.1.c, and include requested materials with this Notice of Intent (NOI); OR complete
Section C.2.f, if applicable. If MESA supplemental information is not included with the NOI, by
completing Section 1 of this form, the NHESP will require a separate MESA filing which may take up
to 90 days to review (unless noted exceptions in Section 2 apply, see below).
c. Submit Supplemental Information for Endangered Species Review
1. Percentage/acreage of property to be altered:
(a) within wetland Resource Area
percentage/acreage
(b) outside Resource Area
percentage/acreage
2. Assessor’s Map or right-of-way plan of site
2. Project plans for entire project site, including wetland resource areas and areas outside of
wetlands jurisdiction, showing existing and proposed conditions, existing and proposed
tree/vegetation clearing line, and clearly demarcated limits of work
(a) Project description (including description of impacts outside of wetland resource area &
buffer zone)
(b) Photographs representative of the site
Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review (see https://www.mass.gov/ma-
endangered-species-act-mesa-regulatory-review).
Priority Habitat includes habitat for state-listed plants and strictly upland species not protected by the Wetlands Protection Act.
MESA projects may not be segmented (321 CMR 10.16). The applicant must disclose full development plans even if such plans are
not required as part of the Notice of Intent process.
wpaform3.doc • rev. 12/4/2023 Page 6 of 9
4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 3 – Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
Barnstable
City/Town
C. Other Applicable Standards and Requirements (cont’d)
(c) MESA filing fee (fee information available at https://www.mass.gov/how-to/how-to-file-for-
a-mesa-project-review).
Make check payable to “Commonwealth of Massachusetts - NHESP” and mail to NHESP at
above address
Projects altering 10 or more acres of land, also submit:
(d) Vegetation cover type map of site
(e) Project plans showing Priority & Estimated Habitat boundaries
(f) OR Check One of the Following
1. Project is exempt from MESA review.
Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14,
https://www.mass.gov/service-details/exemptions-from-review-for-projectsactivities-in-
priority-habitat; the NOI must still be sent to NHESP if the project is within estimated
habitat pursuant to 310 CMR 10.37 and 10.59.)
2. Separate MESA review ongoing.
a. NHESP Tracking #
b. Date submitted to NHESP
3. Separate MESA review completed.
Include copy of NHESP “no Take” determination or valid Conservation & Management
Permit with approved plan.
3. For coastal projects only, is any portion of the proposed project located below the mean high water
line or in a fish run?
a. Not applicable – project is in inland resource area only b. Yes No
If yes, include proof of mailing, hand delivery, or electronic delivery of NOI to either:
South Shore - Bourne to Rhode Island border, and
the Cape & Islands:
Division of Marine Fisheries -
Southeast Marine Fisheries Station
Attn: Environmental Reviewer
836 South Rodney French Blvd.
New Bedford, MA 02744
Email: dmf.envreview-south@mass.gov
North Shore - Plymouth to New Hampshire border:
Division of Marine Fisheries -
North Shore Office
Attn: Environmental Reviewer
30 Emerson Avenue
Gloucester, MA 01930
Email: dmf.envreview-north@mass.gov
Also if yes, the project may require a Chapter 91 license. For coastal towns in the Northeast Region,
please contact MassDEP’s Boston Office. For coastal towns in the Southeast Region, please contact
MassDEP’s Southeast Regional Office.
c. Is this an aquaculture project? d. Yes No
If yes, include a copy of the Division of Marine Fisheries Certification Letter (M.G.L. c. 130, § 57).
wpaform3.doc • rev. 12/4/2023 Page 7 of 9
4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 3 – Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
Barnstable
City/Town
C. Other Applicable Standards and Requirements (cont’d)
Online Users:
Include your
document
transaction
number
(provided on
your receipt
page) with all
supplementary
information you
submit to the
Department.
4. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)?
a. Yes No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP
Website for ACEC locations). Note: electronic filers click on Website.
b. ACEC
5. Is any portion of the proposed project within an area designated as an Outstanding Resource Water
(ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00?
a. Yes No
6. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands
Restriction Act (M.G.L. c. 131, § 40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § 105)?
a. Yes No
7. Is this project subject to provisions of the MassDEP Stormwater Management Standards?
a. Yes. Attach a copy of the Stormwater Report as required by the Stormwater Management
Standards per 310 CMR 10.05(6)(k)-(q) and check if:
1. Applying for Low Impact Development (LID) site design credits (as described in
Stormwater Management Handbook Vol. 2, Chapter 3)
2. A portion of the site constitutes redevelopment
3. Proprietary BMPs are included in the Stormwater Management System.
b. No. Check why the project is exempt:
1. Single-family house
2. Emergency road repair
3. Small Residential Subdivision (less than or equal to 4 single-family houses or less than
or equal to 4 units in multi-family housing project) with no discharge to Critical Areas.
D. Additional Information
This is a proposal for an Ecological Restoration Limited Project. Skip Section D and complete
Appendix A: Ecological Restoration Notice of Intent – Minimum Required Documents (310 CMR
10.12).
Applicants must include the following with this Notice of Intent (NOI). See instructions for details.
Online Users: Attach the document transaction number (provided on your receipt page) for any of
the following information you submit to the Department.
1. USGS or other map of the area (along with a narrative description, if necessary) containing
sufficient information for the Conservation Commission and the Department to locate the site.
(Electronic filers may omit this item.)
2. Plans identifying the location of proposed activities (including activities proposed to serve as a
Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to
the boundaries of each affected resource area.
wpaform3.doc • rev. 12/4/2023 Page 8 of 9
4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 3 – Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
Barnstable
City/Town
D. Additional Information (cont’d)
3. Identify the method for BVW and other resource area boundary delineations (MassDEP BVW
Field Data Form(s), Determination of Applicability, Order of Resource Area Delineation, etc.),
and attach documentation of the methodology.
4. List the titles and dates for all plans and other materials submitted with this NOI.
148 & 186 Windswept Way Shoreline Improvements
a. Plan Title
Tighe & Bond
b. Prepared By
Sean Riley, PE
c. Signed and Stamped by
February 2026
d. Final Revision Date
Varies
e. Scale
f. Additional Plan or Document Title
g. Date
5. If there is more than one property owner, please attach a list of these property owners not
listed on this form.
6. Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed.
7. Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed.
8. Attach NOI Wetland Fee Transmittal Form
9. Attach Stormwater Report, if needed.
E. Fees
1. Fee Exempt: No filing fee shall be assessed for projects of any city, town, county, or district
of the Commonwealth, federally recognized Indian tribe housing authority, municipal housing
authority, or the Massachusetts Bay Transportation Authority.
Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee
Transmittal Form) to confirm fee payment:
1340
2. Municipal Check Number
2/5/2026
3. Check date
1342
4. State Check Number
2/5/2026
5. Check date
Carl
6. Payor name on check: First Name
Martignetti
7. Payor name on check: Last Name
148 and 186 Windswept Way Shoreline Improvements Project - Notice of Intent
Notice of Intent Wetland
Fee Transmittal Form
noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 1 of 2
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
NOI Wetland Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Important: When
filling out forms
on the computer,
use only the tab
key to move your
cursor - do not
use the return
key.
A. Applicant Information
1. Location of Project:
148 and 186 Windswept Way
a. Street Address
Osterville
b. City/Town
1342
c. Check number
$1,042.50
d. Fee amount
2. Applicant Mailing Address:
a. First Name
b. Last Name
Bayside Property Holdings, LLC and Osterville Property Holdings - One LLC
c. Organization
500 John Hancock Road, c/o Jacqueline Kay
d. Mailing Address
Taunton
e. City/Town
MA
f. State
02780
g. Zip Code
781-278-2031
h. Phone Number
i. Fax Number
JKay@martignetti.com
j. Email Address
3. Property Owner (if different):
a. First Name
b. Last Name
c. Organization
d. Mailing Address
e. City/Town
f. State
g. Zip Code
h. Phone Number
i. Fax Number
j. Email Address
To calculate
filing fees, refer
to the category
fee list and
examples in the
instructions for
filling out WPA
Form 3 (Notice of
Intent).
B. Fees
Fee should be calculated using the following process & worksheet. Please see Instructions before
filling out worksheet.
Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone.
Step 2/Number of Activities: Identify the number of each type of activity.
Step 3/Individual Activity Fee: Identify each activity fee from the six project categories listed in the instructions.
Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2) times the fee per category
(identified in Step 3) to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in
addition to another Resource Area or the Buffer Zone, the fee per activity should be multiplied by 1.5 and then
added to the subtotal amount.
Step 5/Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4.
Step 6/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract $12.50. To
calculate the city/town share of the fee, divide the total fee in half and add $12.50.
noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 2 of 2
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
NOI Wetland Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Fees (continued)
Step 1/Type of Activity Step 2/Number
of Activities
Step
3/Individual
Activity Fee
Step 4/Subtotal Activity
Fee
Category 1a: Vegetation
Management
1
$110
$110
Category 5a: Timber Bulkhead (375
LF); Nature-based Solution (130 LF)
2
$4/ LF
$2,000
Step 5/Total Project Fee: $2,110
Step 6/Fee Payments:
Total Project Fee: $2,110
a. Total Fee from Step 5
State share of filing Fee: $1,042.50
b. 1/2 Total Fee less $12.50
City/Town share of filling Fee: $1,067.50
c. 1/2 Total Fee plus $12.50
C. Submittal Requirements
a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to
the Commonwealth of Massachusetts.
Department of Environmental Protection
Box 4062
Boston, MA 02211
b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent; a copy of
this form; and the city/town fee payment.
To MassDEP Regional Office (see Instructions): Send a copy of the Notice of Intent or Abbreviated Notice of
Intent; a copy of this form; and a copy of the state fee payment. (E-filers of Notices of Intent may submit these
electronically.)
148 and 186 Windswept Way Shoreline Improvements Project - Notice of Intent
Barnstable Notice of Intent
Application Form
Chap 707/rev. February 2025 Page 1
CHAPTER 707
Regulation Governing Minimum Submission
Requirements for a Notice of Intent Application
The Barnstable Conservation Commission has adopted the following requirements in order to obtain more
consistently complete submission documents necessary for a thorough and efficient review of all Notice of Intent
(NOI) applications. Failure to complete any of the items in this checklist may result in your application being
denied.
Applicant or applicant’s agent should check each box denoting that the task has been completed or in certain
instances, like field staking, denoting that the task will be completed. The following submission checklist covers the
requirements of Chapter 237, Wetlands Protection, of the Part I General Ordinances of the Code of the Town of
Barnstable. This checklist shall be submitted to the Barnstable Conservation Division with the NOI application.
1. Requirements
a. The applicant understands, unless they’ve instructed otherwise, they are applying both
under the Massachusetts Wetlands Protection Act M.G.L. c.131,§40 and
Chapter 237 of the Town of Barnstable General Ordinances.
b. Attach a written narrative to the NOI application (WPA Form 3), available at:
www.mass.gov/eea/agencies/massdep/service/approvals/wpa-form-3.html
describing any project impacts and proposed mitigation as they relate to the following:
1) Any of the interests of Chapter 237 of the General Ordinances and the MassDEP
Wetlands Protection Act M.G.L. 131, §40.
2) The performance standards contained in the MassDEP Wetlands Protection Regulations
(310 CMR 10.00)
3) Chapter 704: Regulation Governing Activity in the 100-ft. Buffer Zone.
4) Chapter 703: Private Docks and Piers.
5) Any other applicable regulations (310 CMR 10.00 or as promulgated under Chapter 237
of the General Ordinances).
c. Enclose proper payment to cover the fee for Chapter 237 filings. Consult current Fee
Schedule at www.townofbarnstable.us/Conservation
d. Please indicate who is to record the Order of Conditions (check one):
Applicant Agent
2. Abutter Notification (See Abutter Notification Regulation, Chapter 706)
Town of Barnstable
Conservation Commission
230 South Street
Hyannis Massachusetts 02601
Office: 508-862-4093 E-mail: conservation@town.barnstable.ma.us
Chap 707/rev. February 2025 Page 2
a. Contact the Conservation Division office at (508) 862-4093 regarding the docketing
process, or see current schedule of Conservation Hearings and submission deadlines at:
www.townofbarnstable.us/Conservation/
b. Provide a copy of the list of abutters within a 100 ft radius of the project parcel.
c. Provide a copy of the Assessor’s Map indicating the parcel of the project site and
showing the 100 ft radius of the project parcel.
d. Provide a copy of the abutter notification letter. Use the form letter provided in our Abutter
Notification Regulation (Chapter 706), available on the Conservation Division
website.
e. Email copies of the green return receipts, from the certified mailings to the abutters, as proof of
notification . If any mailings are returned, email a copy of the entire envelope,
indicating by postal service stamp the reason for return. You will retain the receipts
afterwards, not the Conservation Division.
f. I further certify under the penalties of perjury that all abutters were notified of the Notice of
Intent Application, pursuant to the requirements of Chapter 237 of the General Ordinances of the
Code of the Town of Barnstable. Notice must be made in writing by certified mail to all abutters
within 100 ft of the property line of the project location.
_______________________________________
Signature of Applicant or Representative Date
3. Field Staking:
a. On or before Tuesday, @ 8:30 a.m., one week prior to the scheduled public hearing, have
your project staked by a professional engineer or registered land surveyor showing all
outside corners of all proposed structures and the continuous proposed “limit of work” line.
b. Have a wetland scientist or other qualified professional flag all wetland resource areas on or
within 100 ft of the work area. Make sure that the flags are sequentially numbered.
c. Provide a project identification stake with bright painted top and applicant name and address,
easily visible from the street approaching the site.
4. Legal Advertisement Fees:
a. Conservation will submit the legal ad for publication in a local newspaper. The applicant or
his/her agent is responsible for payment, by check (payable to the Town of Barnstable), at the
hearing or by mail. The cost of the legal ad will be pre-calculated and posted on the hearing
agenda prior to the hearing.
5. Minimum Documentation for a Complete Application:
a. Provide a completely filled-out (in all parts) NOI application as locally
adopted for the Town of Barnstable, including MassDEP Vegetated Wetland Field Data Form.
Indicate Assessor’s map and parcel of the project, as well as the street or road address, and
pertinent village (i.e., Hyannis, Centerville, Barnstable, etc).
b. Provide two (2) original project plans, stamped in blue or red ink (wet stamp). Plans must be
signed and dated by a Massachusetts licensed, professional engineer, land surveyor, architect or
landscape architect (as applicable), and shall be drawn at a readable scale (1" = 20' preferred).
For multi-acre sites, a second site plan, drawn at larger scale showing the entire site, should also
be provided.
Chap 707/rev. February 2025 Page 3
c. Provide a signed Permission to Access Property, Form PA. The form must be signed by the property
Owner, or legal representative and submitted with the NOI. .
Form PA is available at www.townofbarnstable.us/Conservation/.
d. For projects requiring mitigation plantings under Chapter 704 -3, 704-4, and 704-5,
mitigation planting location(s) shall clearly be shown on landscaping planting plan. The
planting plan shall include:
1. species (chosen from the Town of Barnstable Conservation Commission approved planting
lists), sizes, densities and/or quantities.
2. area calculations in 0’ - 50’ and 50’ – 100’ separately for the amount of mitigation planting
required.
3. the amount of mitigation planting proposed.
4. a note or indication stating the area between the proposed plants will either be planted with
an appropriate native seed mix or left to naturalize.
5. a note stating mulch may only be used under the dripline of proposed plants.
6. demarcation markers along the landward side of the mitigation planting area. The type of
demarcation marker shall be selected from the list approved by the Conservation
Commission.
e. Provide detailed, written street directions to the locus (site).
f. Provide a copy of a U.S.G.S. locus map indicating the general area of the project site.
g. Provide a check for the Town of Barnstable portion of the required filing fee. (The portion
payable to the Commonwealth, see 7. e. below)
h. Provide any other documentation, photographs, architectural renderings or other supporting data
prepared by professionals competent in the field which may be relevant to the application.
6. The site plan shall also show:
a. All existing and proposed contours at 2-ft. minimum intervals (1-ft. preferred).
b. Clear delineation of all existing and proposed structures and features. Building structures must
be accurately dimensioned (fixed location) from property lines and wetland resource areas. Plans
shall provide sufficient detail to show all potential wetland impacts, mitigation, compensatory
areas, engineered structures, utilities, landscaping, etc. within the area of jurisdiction. On
complicated sites, existing and proposed conditions must be shown on separate sheets.
c. Locus inset map of the site clearly showing its location relative to surrounding public streets.
d. All wetland resource area flags by individual flag number (matched to the field) to clearly
identify all resource areas on or within 100 feet of the work area. The individual who performed
the flagging and date of flagging shall be identified on the plan next to the resource line.
e. Section views showing changes in grade, cuts and fills.
7. SUBMISSION OF THE COMPLETED APPLICATION WITH PLANS:
a. Email NOI application and all associated materials in PDF format to
Kimberly.Cavanaugh@town.barnstable.ma.us AND Edwin.Hoopes@town.barnstable.ma.us
Do not include copies of checks.
All attachments must be named with the hearing date (year first), type, name, address. Examples
20220301 NOI Smith 21 Main Street or 2022031 NOI Plan Smith 21 Main Street.
b. Provide two (2) full NOI applications with folded plans (colored ink stamp) with signature/date
to the Town of Barnstable Conservation Division Office for administrative use;
148 and 186 Windswept Way Shoreline Improvements Project - Notice of Intent
Permission to Access
Property Form
148 and 186 Windswept Way Shoreline Improvements Project - Notice of Intent
MassDMF Transmittal Form
Transmittal
940 Route 28
P.O. Box 6
South Harwich, MA 02661
T 508.255.6511
Project No.: 27.5089.0223.01.030.2
Via USPS with Tracking
Date: February 26, 2026
Re: Notice of Intent
148 and 186 Windswept Way Shoreline Improvements Project
Osterville, MA
To: Division of Marine Fisheries
Southeast Marine Fisheries Station
Attn: Environmental Reviewer
836 South Rodney French Blvd.
New Bedford, MA 02744
For Signature For File As Requested For Review Please Reply
No. Copies Description
1 Notice of Intent Application (with 11” x 17” Drawings)
On behalf of Bayside Property Holdings, LLC and Osterville Property Holdings – One LLC, enclosed
please find one copy of a Notice of Intent application for the 148 and 186 Windswept Way Shoreline
Improvements Project, for your review. Copies of this filing have been mailed to the Barnstable
Conservation Division Office and the MassDEP Southeast Regional Office.
Should you have any questions or require additional information, please contact me at 617-640-2055
or BAngus@tighebond.com.
Very truly yours,
Briony Angus
VICE PRESIDENT
S e c t i o n 1
A
Notice of Intent
| 1-1
SECTION 1 | Introduction
1.1 Project Location & Description
Project Name: 148 and 186 Windswept Way Shoreline Improvements Project
Project Location: 148 and 186 Windswept Way, Osterville, MA
Project Applicant: Bayside Property Holdings, LLC and Osterville Property Holdings – One LLC
On behalf of Bayside Property Holdings, LLC and Osterville Property Holdings – One LLC (the “Applicant”),
Tighe & Bond is pleased to submit this Notice of Intent (NOI) application for the 148 and 186 Windswept Way
Shoreline Improvements Project (the “Project”) at 148 and 186 Windswept Way in Osterville, MA. The proposed
Project includes the replacement of approximately 550 feet of failing stone wall with a timber bulkhead and a
nature-based shoreline stabilization solution (NBS) consisting of a flber roll array along the eastern shoreline of
Cotuit Bay at 148 and 186 Windswept Way. The Project will stabiliz e the shoreline, reduce erosion, and protect
coastal resources, and includes a comprehensive ecological restoration component consisting of invasive
species management, native plantings, regenerative pruning, meadow restoration activities, and long-term
vegetation management.
The existing dry-laid and mortared stone wall has experienced partial failure in several areas and is showing
signs of structural instability likely due to prolonged exposure to tidal action, storm surge, and coastal
weathering. Continued degradation of the wall has increased the vulnerability of the Coastal Bank and
adjacent upland areas to erosion and wave action, particularly during extreme high tid e conditions and high-
energy storm events.
The primary objective of this Project is to stabilize the shoreline by addressing ongoing erosion while
minimizing impacts to existing coastal resources and Buffer Zones. A hybrid shoreline protection strategy is
proposed. Approximately 375 linear feet (LF) of stone wall will be replaced with an anchored timber bulkhead
and approximately 130 LF of stone wall will be replaced with a NBS installed at the toe of the Coastal Bank to
dissipate wave energy, promote sediment retention, and provide a vegetated transition between the hardened
shoreline and adjacent coastal resources. The Project also seeks to preserve the visual character and structural
continuity of the shoreline in this location.
The Project includes targeted invasive species management and restoration of native plant communities within
the Coastal Bank and adjacent Buffer Zones, intended to stabilize eroding soils, improve native plant diversity,
enhance wildlife habitat, and restore Buffer Zone functions.
A variety of alternatives have been developed during the planning and conceptual design phase of this
Project. The alternatives were developed and discussed in consultation with regulatory agencies and other
stakeholders. As discussed in this NOI, the preferred design alternative was selected to minimize impacts to
coastal resource areas and to provide the most resilient solution.
1.2 Overview of NOI
This NOI is being submitted pursuant to the Massachusetts Wetlands Protection Act (MA WPA; MGL c. 131 §
40) and its implementing regulations (310 CMR 10.00) and the Barnstable Wetlands Protection Bylaw (Chapter
237 of the Barnstable General Ordinances) and Regulations, as the proposed work will occur within the 100 -
Notice of Intent
Section 1 | Introduction
| 1-2
foot Buffer Zone and local Buffer Zones. The NOI includes a request for a Waiver for work in the 50-foot Buffer
Zone in accordance with Section 704-4(A) of the Code of the Town of Barnstable.
Figures showing existing conditions, site-speciflc environmental resources, land use, FEMA fiood-levels, and
other site features are provided in Appendix A. Project Drawings are provided in Appendix B. Site Photographs
are provided in Appendix C. Abutter Information is provided in Appendix D. A Land Management Plan
prepared by Wilkinson Ecological Design is provided in Appendix E.
1.2.1 Project Benefit
The existing dry-laid and mortared stone wall along the shoreline is in an advanced state of deterioration likely
due to prolonged exposure to tidal action, storm surge, and coastal weathering. As the wall continues to fail, it
provides little to no structural support to the Coastal Bank, leaving the upland area increasingly vulnerable to
erosion, slope instability, and potential loss of land. If left unaddressed, continued degradation of the wall will
accelerate damage to the shoreline, compromise access to the waterfront, and increase the likelihood of
sedimentation and impacts to adjacent coastal resource areas.
The proposed Project will maintain the stability of the coastal bank and adjacent lawn area by replacing the
existing, failing stone wall with an anchored timber bulkhead, addressing existing and potential future scouring
while preserving passive recreational access along the shoreline. The bulkhead alignment has been designed
to remain generally within the footprint of the existing wall, with only minimal seaward encroachment
necessary for pile installation and constructability, and with no net increase in permanent impacts to coastal
resource areas. The design minimizes impacts to coastal resources, maintains functional access to the existing
pier and beach, and preserves the visual character and structural continuity of the shoreline.
The integration of the NBS and the associated restoration of native vegetation will further enhance Coastal
Bank stability and Buffer Zone function, while maintaining sediment processes and supporting long-term
shoreline resiliency.
1.2.2 Anticipated Schedule
Permitting for the Project will occur in Winter 2025 with construction commencing in Spring 2026.
1.2.3 Summary of Anticipated Permits
Table 1-1 contains a list of local, state, and federal agencies from which permits, or other actions are or may be
required.
Notice of Intent
Section 1 | Introduction
| 1-3
TABLE 1-1 Summary of Anticipated Permits, Review, and Approvals
Agency Permit, Review, or Approval
Federal
U.S. Army Corps of Engineers (Corps) Pre-Construction Notification (PCN)
State
Executive Office of Energy and Environmental Affairs (EEA) Massachusetts Environmental Policy Act (MEPA)
Review/Certificate of the Secretary of EEA on the ENF
Massachusetts Department of Environmental Protection
(MassDEP)
Chapter 91 Waterways License;
Superseding Order of Conditions (only required upon
appeal of local Order)
Massachusetts Historical Commission (MHC) &
Massachusetts Tribal Historic Preservation Officers
(THPOs)
Section 106 Review
MA Coastal Zone Management (CZM) Federal Consistency Review (as part of Army Corps PCN)
Local
Barnstable Conservation Commission Order of Conditions1 per the Wetlands Protection Act (MA
WPA)
1 MA WPA Order of Conditions is a local permit unless and until a superseding Order of Conditions is issued by MassDEP.
S e c t i o n 2
Notice of Intent
| 2-1
SECTION 2 | Existing Environment
This section provides a site description and resource area characterization for the Project Site. Wetland
resource areas and land use in the general vicinity were determined based on direct observations made
during site visits and review of information obtained from M assMapper, publicly available through the
Massachusetts Geographic Information System (MassGIS), and Town of Barnstable property records. The
Project Site is depicted on the flgures in Appendix A.
2.1 General Site Description
2.1.1 Project Location
The Project is located at two single-family homes on waterfront lots, 148 and 186 Windswept Way (Parcel IDs
052003 and 052002) in Osterville, MA, situated on the eastern shoreline of Cotuit Bat. The properties are
bounded by privately owned residential properties to the north, east, and south and Cotuit Bay to the west.
2.1.2 Project Locus & Project Site
The Project Locus at 148 Windswept Way consists of a private single -family dwelling, a deck, and a timber pier
extending into Cotuit Bay, with the upland area characterized by a densely vegetated thicket, consisting of
well-established native shrubs and invasive herbaceous plants and vines. The Project Locus at 186 Windswept
Way consists of a private single-family dwelling, a cottage, a patio, a pool, and a timber pier extending into
Cotuit Bay, with the upland area consisting of conventionally managed landscape surrounding the existing
dwelling and cottage.
The existing dry-laid and mortared stone wall between 148 and 186 Windswept Way is located along the
eastern edge of Cotuit Bay, and currently serves as a retaining wall supporting the upland area fronting the
residences and providing a barrier between the residential properties and the Bay.
The Project Site/”Limit of Work” (LOW) consists of approximately 0.9 acres located within the western portions
of the properties and is deflned as the extent of temporary and permanent disturbance to upland and coastal
resource areas required for construction of the anchored timber bulkhead and NBS; staging areas for
construction materials and areas proposed for temporary site access during construction.
The Project Site is located within and adjacent to jurisdictional resource areas that include Salt Marsh, Coastal
Bank, Coastal Beach, Land Under the Ocean, Land Containing Shellflsh, Land Subject to Coastal Storm
Flowage (LSCSF), and the 100-foot Buffer Zone. Work is proposed within the limits of Coastal Bank, Coastal
Beach, LSCSF, and the 100-foot Buffer Zone.
As required by the Chapter 707 NOI submittal requirements, the following driving directions are provided to
the Project Site located at 148 and 186 Windswept Way, Osterville, MA: From 230 South Street, Hyannis, MA,
turn left onto Main Street. At the roundabout, take the second exit onto W Main Street. Turn left onto Pine
Street. Take a slight left turn onto S Main Street. Turn left onto W Bay Road. Turn left onto Bridge Street. Tak e a
slight right turn onto Grand Island Drive. Keep left onto Grand Island Dr ive. Take a slight right turn onto
Windswept Way. The destination is on the right: 186 and 148 Windswept Way, Osterville, MA. The total
distance is approximately 8.6 miles, with an estimated drive time of 23 minutes.
Notice of Intent
Section 2 | Existing Environment
| 2-2
2.2 Wetland Resource Areas
2.2.1 Methodology of Resource Area Investigations
Wetland resource areas were delineated in accordance with the procedures outlined in the Massachusetts
Department of Environmental Protection (MassDEP) Massachusetts Handbook for Delineation of Bordering
Vegetated Wetlands (September 2022), the MassDEP and the Massachusetts Office of Coastal Zone
Management (CZM) Applying the Massachusetts Coastal Wetlands Regulations (August 2017), the MassDEP
Wetlands Program Policy 92-1: Coastal Banks (March 1992), and the U.S. Army Corps of Engineers (USACE)
Corps of Engineers Wetlands Delineation Manual (January 1987) and Regional Supplement to the Corps of
Engineers Wetlands Delineation Manual: Northcentral and Northeast Region (January 2012). Additional
resource area definitions were derived from the MA WPA (M.G.L. Chapter 131, Section 40) regulations (310
CMR 10.00), the Town of Barnstable Wetlands Protection Bylaw (WPB; Chapter 237), and the Barnstable
Conservation Commission Regulations (Chapters 701 through 711).
The landward limit of Salt Marsh, Coastal Beach, and Coastal Bank were fleld -located using a Global
Positioning System (GPS) receiver with submeter accuracy. Since Salt Marsh and Coastal Beach fiags would
likely not remain in place due to exposure to tidal action, physical delineation fiags for these resources were
not placed in the fleld. Since Coastal Bank requires additional veriflcation via slope analysis, fiags were not
placed in the fleld to avoid potential disparities between fleld fiagging and the flnal engineered plan set.
Mean High Water (MHW; 1.09 ft), Mean Low Water (MLW; -1.77 ft), and High Tide Level (HTL; 2.41 ft) tidal
elevations were derived from the Buzzards Bay National Estuary Program, which, utilizing NOAA's VDatum
software, displays tidal datum elevation estimat es in NAVD88 along the coast of Massachusetts.
The limits of Land Under the Ocean (LUO), Land Containing Shellflsh, Land Subject to Coastal Storm Flowage
(LSCSF), Flowed Tidelands, and Waters of the United States (WOTUS) were not fiagged in the fleld; they were
determined based on topographic survey data, predicted tidal elevations, and publicly available GIS data.
2.2.2 Description of Wetland Resource Areas
Wetland resource areas present onsite are subject to jurisdiction under the MA WPA, Barnstable WPB, Chapter
91 of the Massachusetts Public Waterfront Act (Chapter 91; M.G.L. Chapter 91), Section 10 of the Rivers and
Harbors Act of 1899, and Sections 401 and 404 of the Clean Water Act. A summary of wetland resources
identified within or near the Project Site and the associated regulatory authority is provided below .
MA WPA and Town of Barnstable WPB:
• Salt Marsh
• Coastal Bank
• Coastal Beach
• LUO
• Land Containing Shellfish
• LSCSF
• 100-Foot Buffer Zone
Town of Barnstable WPB-only:
Notice of Intent
Section 2 | Existing Environment
| 2-3
• Coastal Bank (WPB definition)
• 0 to 50-Foot Buffer Zone
• 50 to 100-Foot Buffer Zone
Chapter 91 of the Massachusetts Public Waterfront Act:
• Flowed Tidelands
Sections 401 and 404 of the United States Clean Water Act and Section 10 of the United States Rivers and
Harbors Act:
• Waters of the United States (WOTUS)
o Traditional Navigable Waters
o Land below Mean High Water
o Adjacent Vegetated Wetlands
The limits of LUO, Land Containing Shellflsh, LSCSF, Flowed Tidelands, and WOTUS were not fiagged in the
fleld; they were determined based on topographic survey data, predicted tidal elevations, and publicly
available GIS data.
The following sections provide further information about each jurisdictional resource area.
COASTAL BEACH
In accordance with 310 CMR 10.27, Coastal Beach is deflned as:
“…unconsolidated sediment subject to wave, tidal, and coastal storm action which forms the gently
sloping shore of a body of salt water and includes tidal fiats. Coastal beaches extend from the mean
low water line seaward to the dune line, coastal bankline or the seaward edge of existing human-made
structures, when these structures replace one of the above lines, whichever is closest to the ocean”
Flag Series 2A deflnes the upper limit of Coastal Beach present within the Project Site. In general, the upper
limit of Coastal Beach is deflned by the toe of Coastal Bank, and the lower limit of Coastal Beach coincides with
the upper limit of LUO. The gen eral substrate of Coastal Beach within the project site was observed to be flne
sand with some gravel present.
COASTAL BANK
In accordance with 310 CMR 10.30(2), Coastal Bank is deflned as:
“… the seaward face or side of any elevated landform, other than a coastal dune, which lies at the
landward edge of a coastal beach, land subject to tidal action, or other wetland.”
In accordance with the Barnstable WPB, Coastal Bank is deflned as:
“The flrst signiflcant break in slope beyond the one-hundred-year storm elevation on a seaward face or
elevated landform, other than a coastal dune, which lies at the landward edge of a coastal beach, land
subject to tidal action, or other coastal wetland. The slope of the bank must be greater than 18% and
serve to contain storm fiowage, rather than being inundated by it, or function as a sediment source.”
Notice of Intent
Section 2 | Existing Environment
| 2-4
Flag Series 3A deflnes the upper limit of Coastal Bank present within the Project Site. Coastal Bank throughout
the project site consists of a mix of manicured lawn, landscaped and unmaintained vegetation. Sections of the
bank where the stone wall has failed are experiencing rapid erosion. Other portions of the bank are well -
vegetated and stable.
The top of Coastal Bank coincides with the flrst break in slope above the 100 -year fioodzone, consistent with
the deflnition of Coastal Bank under both the MA WPA and local wetlands regulations. The lower limit of
Coastal Bank generally coincides with the toe of the stone wall. Where the stone wall ends toward the south of
the Project Site, the lower limit of the Coastal Bank coincides with the landward edge of Coastal Beach. The top
of Coastal Bank present within the Project Site is not tied to a single el evation, but exhibits some variation
given the undulating nature of the shoreline and potentially from prior earth -moving activities during previous
construction on the property.
Vegetation observed within non-manicured portions of the Coastal Bank include, but are not limited to, pitch
pine (Pinus rigida, FACU), Virginia rose (Rosa virginiana, FAC), common yarrow (Achillea millefolium, FACU),
eastern white oak (Quercus alba, FACU), juniper (Juniperus communis, FACU), smooth sumac (Rhus glabra,
NC), and creeping juniper (Juniperus horizontalis, FACU).
SALT MARSH
In accordance with 310 CMR 10.32(2), Salt Marsh is deflned as:
“… a coastal wetland that extends landward up to the highest high tide line, that is, the highest spring
tide of the year, and is characterized by plants that are well adapted to or prefer living in, saline soils …”
The landward limit of Salt Marsh is demarcated by Flag Series 2A. The landward limits of Salt Marsh coincide
with the Mean High Water (MHW) Line. Salt Marsh vegetation observed within the Project Site consisted
entirely of low marsh dominated by smooth cor dgrass (Spartina alterniflora, OBL). Salt Marsh on site was
observed to be significantly degraded.
LAND UNDER THE OCEAN
In accordance with 310 CMR 10.04, LUO is deflned as:
“…land extending for the mean low water line seaward to the boundary of the municipality’s
jurisdiction and includes land under estuaries.”
LUO present at the project site consists of land underneath Cotuit Bay. The upper limit of LUO coincides with
MLW (elevation -1.77 feet; NAVD88). The general substrate within LUO was observed to be flne sand with
sparse amounts of gravel also present. LUO associated with Cotuit Bay is classifled as a marine subtidal,
unconsolidated (sand) bottom system (M2UB2).1
LAND CONTAINING SHELLFISH
Land Containing Shellflsh is deflned under 310 CMR 10.34(2) as:
1 Federal Geographic Data Committee. 2013. Classification of wetlands and deepwater habitats of the United States. FGDC-
STD-004-2013. Second Edition. Wetlands Subcommittee, Federal Geographic Data Committee and U.S. Fish and Wildlife
Service, Washington, DC.
Notice of Intent
Section 2 | Existing Environment
| 2-5
“…the land under the ocean, tidal fiats, rocky intertidal shores, salt marshes and land under salt ponds
when any such land contains shellflsh.”
A review of MassGIS online mapping data (effective April 22, 2011) identifled Cotuit Bay and sections of Salt
Marsh immediately adjacent to the Project Site as suitable shellflsh habitat for soft-shell clam (Mya arenaria)
and Quahog (Mercenaria mercenaria). Ribbed Mussels (Geukensia demissa) were observed within the Salt
Marsh during the fleld delineation. Shellflsh populations were not readily observed within other portions of the
Project area at the time of the fleld observations, and the investigation did not include subsurface exploration
for buried shellflsh.
LAND SUBJECT TO COASTAL STORM FLOWAGE
In accordance with 310 CMR 10.04, LSCSF is deflned as:
“…land subject to any inundation caused by coastal storms up to and including that caused by the 100-
year storm, surge of record or storm of record, whichever is greater.”
According to the FEMA Flood Insurance Rate Map (FIRM; Panel No. 25001C0756J, effective July 16, 2014), the
Project area is located within the limits of the 100-year floodzone associated with Cotuit Bay (Special Flood
Hazard Area, Zone VE). According to FEMA, the base flood elevation (BFE) at the site is 14 feet (NAVD88).
Therefore, all areas within the Project Site between MLW up to and including elevation 14 feet fall within
LSCSF. A FEMA FIRMette of the Project Area is provided in Attachment A.
100-FOOT BUFFER ZONE
Under the MA WPA and Barnstable WPB, areas extending 100 feet from certain areas subject to protection are
considered Buffer Zone. In the vicinity of the Project, the MA WPA Buffer Zone extends landward from Salt
Marsh, Coastal Bank, Coastal Beach, Land Under the Ocean, and Land Containing Shellfish. The Project
Drawings in Appendix B depict the Buffer Zone boundary extending from the landward-most resource area.
The Buffer Zone overlaps with LSCSF within the site. Portions of the proposed limit of work will be located
within the Buffer Zone.
50-FOOT AND 50 - TO 100 -FOOT BUFFER ZONES
Pursuant to the Barnstable Regulation Governing Activity in the 100-Foot Buffer Zone Under Notice of Intent
Applications (Chapter 704, Section G), the Barnstable Conservation Commission regulates a 50 -Foot
Undisturbed Buffer Zone that extends horizontally outward from the landward most resource area boundary. It
consists of unmanaged/unmaintained vegetation or long-established meadow and does not include
hardscape (except for permitted access paths and/or bank access stairs), lawns, ornamental plants and shrubs
or gardens. At the Project Site, the 50-Foot Buffer Zone contains existing development, including the single-
family dwelling at 148 Windswept Way and the cottage at 186 Windswept Way .
If the 50-Foot Buffer Zone is already disturbed prior to proposed work, any work proposed within the 50 to
100-Foot Buffer Zone is subject to 3:1 mitigation planting requirements in accordance with Section 704 -3D. It
should be noted that Chapter 704 indicates that the Conservation Commission reserves the right to increase
Buffer Zone width to a more suitable dimension in cases where the slope of an undisturbed buffer exceeds
18%, or in any instance where the scope or nature of the project is likely to requ ire a greater spatial offset to
wetland resource areas.
The 50-Foot Buffer Zone extends 50 ft horizontally outward from the boundary of resources areas, whether or
not the Buffer Zone is disturbed or undisturbed/natural.
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Section 2 | Existing Environment
| 2-6
The 50 to 100-Foot Buffer Zone extends 50 feet horizontally outward from the boundary of the 50 -Foot Buffer
Zone and terminates at the outer edge of the 100 -Foot Buffer Zone.
2.2.3 Rare Species
The Massachusetts Natural Heritage and Endangered Species Program (NHESP) Atlas (15 th edition, effective
August 2021) was reviewed during the preparation of this memorandum. The project was determined to be
outside of Estimated Habitats of Rare Wildlife, and Priority Habitat of Rare Species. However, one Priority
Habitat (PH 2156) and one Estimated Habitat (EH 693) are located within the vicinity of the project site. PH
2156 and EH 693 are both situated within Cotuit Bay immediately to the west of but not w ithin the Project Site.
A Massachusetts Priority Resource Area map provided in Attachment A depicts the location of PH 2156 and EH
693 relative to the Project Site.
S e c t i o n 3
Notice of Intent
| 3-1
SECTION 3 | Alternatives Analysis
This section of the NOI narrative provides an overview of design alternatives that were considered during the
conceptual design phase of the Project. Alternatives were identifled based on the following criteria:
• Temporary and permanent environmental impacts
• Structural performance
• Climate resiliency
• Construction considerations
• Maintenance
• Proximity of adjacent structures/ developed vs. undeveloped areas
• Consistency with existing use
• Visual and functional integration with existing residential setting along shoreline
The alternatives are described in more detail below. A summary of the factors listed above and current Project
alternatives are presented in Table 3-1.
3.1 Project Alternatives
3.1.1 No Action
In this alternative, no repairs, replacement, or improvements would be made to the existing deteriorated stone
wall. Advancing deterioration of the wall, which would be exacerbated by rising water levels, erosion,
increased storm surge, and greater frequency and intensity of coastal storms, would be expected to increase
the likelihood of partial or full wall failure. Based on the elevation of the existing stone wall, it is apparent that
the intent of the wall’s original function was to retain the Coastal Bank. If it were to fail, there would be
substantial negative impacts to the adjacent resource areas and the Coastal Bank, which serves as a critical
buffer between the Bay and the primary residence and accessory dwelling.
3.1.2 Repair-in-Kind/Partial Reconstruction
In-kind repair or partial reconstruction of the failed portions of the stone wall would likely involve restacking
dislodged stones and securing them with a cementitious material such as grout. While this alternative offers
some advantages, such as minimizing impacts to adjacent resource areas and preserving the existing natural
aesthetic that the stone wall provides, it does not address the underlying instability of the structure, which is
exacerbated by the presence of loose soils at the Project Site. Continued deterioration suggests that the
existing wall is not effectively supporting the Coastal Bank at the site. Furthermore, in order to minimize the
potential for wall undermining, this alternative would likely require installation of toe protection, which would
increase the construction footprint and impacts to resource areas. It is also anticipat ed that this alternative
would require frequent ongoing maintenance, as stones are likely to continue shifting or dislodging over time
due to settlement, scour, or wave action.
3.1.3 Stone Revetment
This alternative would involve the complete removal of the existing stone wall, excavation of a substantial
portion of the Coastal Bank and upland area, installation of geotextile and subbase materials, and placement
of an armored stone slope to form the revetment. While this option could offer a durable solution capable of
Notice of Intent
Section 3 | Alternatives Analysis
| 3-2
absorbing and dissipating wave energy, its application on a slope comprised of loose sediment would likely
present signiflcant challenges. In these scenarios, revetments can become damaged as the underlying material
erodes or settles.
Stone revetments typically require a gentle slope (1.5H:1V). In order to minimize encroachment seaward of the
existing wall and accommodate existing site topography, this would necessitate substantial excavation of the
[partially vegetated] Coastal Bank - potentially impacting the existing residence and accessory dwelling
(including associated utilities such a septic, water, etc.), which are located within close proximity to the existing
wall.
Additionally, a Salt Marsh is present at the southern end of the Site. Given the large footprint required for a
revetment, it is likely that construction would encroach upon or adversely impact the area.
Finally, replacing the existing vertical wall with a sloped revetment could alter tidal fiow and inundation
patterns, which may result in secondary negative impacts to the adjacent property’s Coastal Bank, which is
supported by a timber bulkhead.
3.1.4 Precast Concrete Block Wall
While precast concrete block walls are often praised for their ease of constructability and can perform well in
low height conditions with minimal wave exposure, signiflcant base preparation would be required at this site.
Poor soil conditions would likely lead to the wall needing a large spread footing to achieve adequate stability,
and designing to accommodate scour would necessitate setting the footing deeper than is typical for shallow
foundations.
These requirements would substantially increase the extent of excavation. Because work would fall within the
tidal zone, the use of a cofferdam or other dewatering measures would likely be necessary during construction.
Together, these factors would result in increased construction duration and impacts to adjacent resource areas.
3.1.5 Cast-in-Place Concrete Wall with Stone Veneer
A cast-in-place (CIP) concrete wall would share many of the same construction-related challenges as the
precast concrete block wall alternative, including the need for a substantial footing, excavation in loose soils,
and the likely use of a cofferdam due to tidal conditions. However, a CIP wall would offer improved structural
performance, including greater resistance to wave energy and a longer service life.
The construction duration for a CIP wall would likely be longer than that of the precast alternative, as it requires
installation of formwork, placement of reinforcing steel, and time for concrete curing before the forms can be
removed.
Aesthetic concerns could be addressed by applying a stone veneer to the face of the wall, allowing the
structure to better match the natural appearance of the existing stone wall.
3.1.6 Sheet Pile Bulkhead
Sheet pile bulkheads, whether comprised of steel or composite/ flber reinforced polymer (FRP) sheets, are
known for their durability, strength, and adaptability to changing climate conditions. Due to their deep
embedment, they are also less prone to undermining or scour issues. However, given the very loose soils
present at the Site and conventional methods utilized for sheet pile installation, there would be a risk of
damaging adjacent structures and utilities from settlement and cracking due to movement of soils when
subject to high vibrations during sheet pile installation. Movement can be monitored with the use of a vibration
monitoring program during construction, and alternative methods for installation may be investigated to lower
vibrations.
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Section 3 | Alternatives Analysis
| 3-3
When comparing steel with FRP, steel offers superior structural capacity, particularly in high wave energy
environments, but typically requires more frequent maintenance. While p rotective coatings can be applied to
slow down corrosion, periodic touch-ups will likely be needed, particularly in the splash zone. FRP sheets, while
naturally resistant to corrosion and lower maintenance, are more susceptible to UV degradation and impact
damage.
Sheet pile walls (whether steel or FRP) are often less favored in residential coastal shoreline settings due to
their perceived “engineered” or “industrial” appearance which can clash with surrounding upland landscaping
or natural stone features.
3.1.7 Hybrid Anchored Timber Bulkhead & Natured-Based Solution (NBS) (Preferred)
The preferred alternative for this Project consists of a hybrid shoreline protection strategy designed to limit the
extent of new “hard” structures while minimizing impacts on existing coastal resource areas, including the
adjacent Salt Marsh. Under this approach, an anchored timber bulkhead is proposed along the northern
portion of the Site where existing infrastructure and developed upland directly abut the water. Along the
southern reach – where the shoreline transitions into a natural undeveloped condition – the Project will
implement nature-based, “soft” shoreline stabilization techniques selected speciflcally to maintain the
ecological function of the area and to minimize impacts to the Coastal Bank and Salt Marsh.
The timber bulkhead component consists of an interconnected system of timber piles, framing members
(including wales and caps), and vertical sheeting, laterally supported by threaded steel anchors that transfer
loads into the subsurface soils. This alternative requires limited seaward expansion and has been developed to
maintain the stability of the existing Coastal Bank and lawn area, while preserving passive recreational access
that refiects the historical use of the property. Although timber bulkheads have certain limitations – such as
reduced service life relative to steel structures, height constraints due to timber’s structural capacity, and
potential construction-induced vibrations during pile installation (anticipated to be less than those associated
with steel sheet pile installation) – the proposed bulkhead represents a balanced solution that maintains the
functional value of the developed shoreline and supports continued residential use while minimizing impacts
to adjacent coastal resource areas.
To mitigate potential damage to the Coastal Bank from coastal hazards, while also addressing homeowner
concerns regarding views, property value, and waterfront access, the proposed design incorporates a modest
increase in top of wall elevation, ranging from approximately 6 inches to 1 foot, depending on location.
Although overtopping is likely to occur during signiflcant coastal storm events, maintaining a wall height
similar to existing conditions may limit the burden of wave refiection eroding the Coastal Beach fronting the
wall that would likely be exacerbated by a more substantial increase in wall height. The bulkhead has also been
designed to accommodate anticipated scour conditions, thereby reducing the risk of future structural
undermining. To the north, the proposed bulkhead’s top elevation will match that of the neighboring timber
bulkhead, creating a cohesive visual and structural interface between the two properties. Moving southward
along the property, the bulkhead height will gradually taper to meet the NBS, which blends into the natural
shoreline while enhancing the stability of the coastal bank and minimizing impacts to the adjacent Salt Marsh.
At the point where the shoreline transitions from developed to natural, the timber bulkhead will transition to
the proposed NBS - a flber roll array. This transition will be constructed to minimize potential for end effects
that are often associated with vertical coastal structures. The flber roll array will aim to limit future erosion by
protecting native soils and acting as a ro ot medium for native plants to establish, whose roots will help retain
Coastal Bank soils. Sediment from the re-contouring of the Coastal Bank will be used to cover the flnished
array, and the nourishment will be fully planted with native grass species. The intent of nourishment is to
extend the life of the flber roll array by protecting the flbers from UV degradation. In addition, vegetation
management to remove State-listed invasive and non-native plant species and restoration of native plant
Notice of Intent
Section 3 | Alternatives Analysis
| 3-4
communities will be completed at both the northern and southern reaches of the site, to help support soil
nutrient levels, minimize erosion, and provide resources for local wildlife. The flber roll array will require
ongoing monitoring and maintenance to support the long-term success of the system. Please refer to the Land
Management Plan in Appendix E for more information.
The alignment of the proposed hybrid system will deviate slightly from the alignment of the existing stone wall.
At the northern end of the project area, the proposed timber bulkhead will be set landward of the existing
stone wall, thereby reducing the footprint of structure within coastal resource areas, and eliminating the
existing 90-degree corner formed at the interface with the adjacent timber bulkhead. This modiflcation is
intended to reduce the potential for sediment accumulation and localized scour associated with abrupt
changes in shoreline geometry.
At the southern end of the Site, the proposed flber roll array will also be shifted landward of the existing stone
wall alignment and positioned above the MHW line. Fiber rolls are not well suited for dynamic, high-energy
conditions or fully saturated intertidal environments; therefore, relocating the system landward avoids
permanent placement of hard structural elements within the intertidal zone and results in a net reduction of
permanent impacts to coastal resource areas.
With the exception of the limited landward adjustment at the northern terminus, the proposed timber
bulkhead will generally follow the alignment of the existing stone wall. Timber piles providing lateral support
for the bulkhead are proposed to be installed slightly seaward of the existing alignment to allow for installation
into previously undisturbed soils, which is important to maintaining structural stability and long-term durability.
Overall, the proposed Project will result in a net decrease in permanent impacts to regulated resource areas
when compared to existing conditions, while improving shoreline stability.
Table 3-1
Alternatives Analysis Summary Table - 186 Windswept Way Shoreline Improvements Project
Factor Evaluated 1. No-Action 2. Repair-in-Kind/Partial Reconstruction 3. Stone Revetment 4. Precast Concrete Block Wall 5. CIP Concrete Wall w/ Stone Veneer 6. Sheet Pile Bulkhead 7. Hybrid Anchored Timber Bulkhead &
NBS (Preferred)
Resource Area Impacts
No construction period impacts;
impacts to wetlands and habitat
may occur due to damage to
existing infrastructure if not
repaired.
Minimal temporary impacts to resource
areas during construction period. Reduces
potential for impacts to resource areas and
habitat which may occur due to damage to
existing infrastructure if the wall were not
repaired.
Substantial temporary and permanent
impacts to resource areas during
construction period due to large footprint.
Moderate temporary impacts to resource areas
during construction period. Reduces potential for
impacts to resource areas and habitat which may
occur due to damage to existing infrastructure if
the wall were not repaired.
Moderate temporary impacts to resource areas
during construction period. Reduces potential
for impacts to resource areas and habitat which
may occur due to damage to existing
infrastructure if the wall were not repaired.
Minimal temporary impacts to resource
areas during construction period. Reduces
potential for impacts to resource areas
and habitat which may occur due to
damage to existing infrastructure if the
wall were not repaired.
Moderate temporary impacts to resource
areas during construction period. Reduces
potential for impacts to resource areas and
habitat which may occur due to damage to
existing infrastructure if the wall were not
repaired. Minimizes extent of new hard
structures and impacts to existing salt
marsh. Net decrease in permanent
impacts.
Structural Performance Does not address inadequacies in
structural performance.
Does not address inadequacies in
structural performance.
Performs favorably at exposed sites when
placed on stable slopes. Does not perform
well on slopes comprised of loose or
unstable sediment.
Performs favorably when limited in height and
exposure to waves, and when combined with a
footing that considers loose site soils and
potential for scour.
Performs favorably when combined with a
footing that considers loose site soils and
potential for scour.
Steel performs favorably at exposed sites.
FRP is better suited to lower-height
conditions and smaller lateral loads.
Bulkhead performs favorably when limited
to certain heights, and when combined
with additional lateral support. NBS
performs well when placed above MHW.
Climate Resiliency Does not address current or future
vulnerability.
Does not address current or future
vulnerability.
Addresses current vulnerability and
potential future scouring effects; does not
fully address long-term resiliency given
challenges associated with installing
sloped revetment in existing soil conditions
and presence of existing structures.
Addresses current and future vulnerability and
potential future scouring effects, but resiliency
benefits are outweighed by significant additional
environmental and construction cost impacts.
Addresses current vulnerability and potential
future scouring effects, but resiliency benefits
are outweighed by significant additional
environmental and construction cost impacts.
Addresses current vulnerability and
potential future scouring effects.
Bulkhead addresses current vulnerability
and potential future scouring effects. NBS
enhances long-term resilience through
Coastal Bank stabilization and habitat
continuity.
Construction
Considerations N/A Minimal excavation and construction
timeframe, smaller equipment.
Extensive site excavation, temporary
support of excavation needed, heavy
equipment and length construction
timeframe. Accessibility and slope stability
issues with existing site structures and
loose subsurface materials.
Moderate site excavation required for
foundation, temporary support of excavation
needed. Precast blocks allow for a simpler
construction without needing to set up for
formwork, reinforcement, concrete pouring and
curing. Cofferdam required.
Moderate site excavation required for
foundation, temporary support of excavation
needed. Lengthier construction timeframe when
considering need for setting up formwork,
reinforcement, and pouring and curing
concrete. Cofferdam required.
Minimal site excavation required.
Exposure to increased vibrations during
sheet pile installation. Implementation of a
vibration monitoring program needed to
mitigate risk against damage to existing
structures.
Moderate site excavation required,
temporary support of excavation likely
needed. Implementation of a vibration
monitoring program may be necessary to
mitigate risk against damage to existing
structures. Limited "hard" footprint
reduces disturbance to sensitive resource
areas.
Maintenance
Frequent maintenance as stones
continue to dislodge and wall
continues to deteriorate.
Frequent maintenance as stones continue
to dislodge and wall continues to
deteriorate.
Minimal maintenance.Moderate maintenance Minimal maintenance.
Minimal maintenance with adequate
protective coatings. While protective
coatings can be applied to steel to slow
down corrosion, periodic touch-ups will
likely be needed. FRP sheets, while
naturally resistant to corrosion and lower
maintenance, are more susceptible to UV
degradation and impact damage.
Bulkhead requires moderate levels of
maintenance. NBS will require
annual/ongoing monitoring and
maintenance to achieve success.
Proximity of Adjacent
Structures
Potential for substantial impacts to
adjacent structures if wall continues
to fail and the Coastal Bank is
destabilized.
Potential for substantial impacts to
adjacent structures if wall continues to fail
and the coastal bank is destabilized.
Strong likelihood of issues relating to
proximity of adjacent structures with a large
excavation and construction footprint
required for installation.
Minimal impacts associated with proximity of
adjacent structures when equipment access is
available.
Minimal impacts associated with proximity of
adjacent structures when equipment access is
available.
Moderate impacts associated with loose
soil conditions and proximity of adjacent
structures when considering typical
construction methods (driving/vibrating
sheets).
Moderate impacts associated bulkhead
construction, loose soil conditions and
proximity of adjacent structures when
considering typical construction methods
(driving/vibrating sheets).
Consistency with
Existing Use
Does not preserve Coastal Bank,
lawn, or beach access if wall
continues to deteriorate.
Does not preserve coastal bank, lawn, or
beach access if wall continues to
deteriorate.
Transition of vegetated coastal bank and
lawn area to revetment. Diminished access
to both property and beach.
Consistent with existing use with modifications
for beach access.
Consistent with existing use with modifications
for beach access.
Consistent with existing use with
modifications for beach access.
Consistent with existing use with
modifications for beach access.
Visual and Functional
Integration with
Shoreline
Neither visually appealing nor
functionally compatible with the
shoreline.
Natural appearance is visually appealing
but structure is not functionally aligned
with neighboring property.
Natural appearance of stone can be visually
appealing but large footprint may take
away from that. Structure is not functionally
aligned with neighboring property.
Can be visually appealing with surface texturing,
but generally doesn't seamlessly blend with a
natural shoreline. Structure can be functionally
aligned with neighboring property.
Can appear more natural with a granite stone
veneer. Structure can be functionally aligned
with neighboring property.
Steel is typically not aesthetically favored.
FRP is typically more desirable by
residential clients, but both options can
make the shoreline appear "industrial".
Structure can be functionally aligned with
neighboring property.
Maintains cohesive shoreline character
while meeting site-specific protection
needs.
Table 3-1. Existing Stone Wall Repair Alternatives
3-5
S e c t i o n 4
Notice of Intent
| 4-1
SECTION 4 | Project Description (Preferred Alternative)
4.1 Proposed Activities
4.1.1 Timber Bulkhead
The proposed Project involves the replacement of an existing dry-laid and mortared stone wall along two
adjacent residential properties located on the eastern shoreline of Cotuit Bay. An anchored timber bulkhead is
proposed along the northern portion of the Site where existing infrastructure and developed upland directly
abut the water. The timber bulkhead component consists of an interconnected system of timber piles, framing
members (including wales and caps), and vertical sheeting, laterally supported by threaded steel anchors that
transfer loads into the subsurface soils.
As indicated above, the alignment of the proposed hybrid system will deviate slightly from the alignment of
the existing stone wall. At the northern end of the project area, the proposed timber bulkhead will be set
landward of the existing stone wall, thereby reducing the footprint of structure within coastal resource areas,
and eliminating the existing 90-degree corner formed at the interface with the adjacent timber bulkhead. This
modiflcation is intended to reduce the potential for sediment accumulation and localized scour associated with
abrupt changes in shoreline geometry.
Any limited seaward encroachment is associated solely with pile installation and constructability and does not
result in a net increase in permanent impacts seaward of the existing shoreline.
The timber bulkhead has been designed to function in coordination with the proposed NBS described in
Section 4.1.2 and is intended to minimize wave refiection and long-term erosion impacts while providing
structural stability for the Coastal Bank.
To enable the installation of the timber bulkhead, a landward portion of the existing timber pier at 186
Windswept Way will be temporarily removed. This section will be carefully dismantled and set aside for reuse
and reinstalled in its original location and conflguration following completion of the bulkhead work.
Additionally, large stone armor currently located at the toe of the existing seawall will be temporarily removed
to facilitate bulkhead installation. All temporarily removed materials will be stockpiled upland and reset in their
original locations following construction. These activities will be performed from the Coastal Bank, and no
temporary construction access along the Coastal Beach is proposed.
4.1.2 Nature-Based Solution (NBS)
At the point where the shoreline transitions from developed to natural, the timber bulkhead will transition to
the proposed NBS – a flber roll array. This transition will be constructed to minimize potential for end effects
that are often associated with vertical coastal structures.
The NBS consists of a multi-row flber roll (coir) array designed to maintain the ecological function of the area
and to minimize impacts to the Coastal Bank and Salt Marsh.
The flber roll array length and conflguration have been reflned to terminate at the revised bulkhead alignment
and to reduce the overall extent of the array. The flber roll array will be installed in a stepped conflguration
and anchored using biodegradable materials and earth anchors consistent with best practices for coastal
bioengineering. The flber rolls are intended to work in conjunction with native planting to stabilize the lower
Bank and support long-term shoreline resiliency while maintaining natural coastal processes.
Notice of Intent
Section 4 | Project Description (Preferred Alternative)
| 4-2
As indicated in Section 3.7.1 above, sediment from the re-contouring of the Coastal Bank will be used to cover
the flnished array, and the nourishment will be fully planted with native grass species. The intent of
nourishment is to extend the life of the flber roll array by protecting the flbers from UV degradation. In
addition, vegetation management to remove State-listed invasive and non-native plant species and restoration
of native plant communities will be completed at both the northern and southern re aches of the site, to help
support soil nutrient levels, minimize erosion, and provide resources for local wildlife. The flber roll array will
require ongoing monitoring and maintenance to support the long-term success of the system. Future
nourishment will occur only if more than 30% of the flber roll array becomes exposed due to erosion, as
determined through post-construction monitoring, and would be limited to a maximum of 45 cubic yards per
event. Please refer to the Land Management Plan in Appendix E for more information.
A sediment barrier will be installed along the landward edge of the existing Salt Marsh during installation of
the flber roll array and during removal of the existing stone wall, as shown on the Project Drawings in Appendix
B, to protect the Salt Marsh from temporary construction-related impacts.
4.1.3 Site Regrading
Upon completion of the timber bulkhead installation, the adjacent upland slope will be regraded to meet the
new wall height and alignment. Regrading will also occur in areas where the NBS is proposed to recontour the
Coastal Bank following excavation activities and prepare the area for NBS installation.
Grading will be carefully designed to ensure positive drainage, restore the natural slope proflle, and provide a
stable transition from the top of the bulkhead to the upland landscape. All regraded areas will be stabilized
with erosion control measures and native plantings, as described in Section 4.1.7, to support long -term slope
stability. Erosion controls will be in place during construction to prevent sediment migration and protect
nearby resource areas. All grading will occur within the approved limits of work and will avoid unnecessary
disturbance to undisturbed portions of the Coastal Bank and Buffer Zones.
4.1.4 Access Improvements
To maintain safe and functional access to the shoreline, new timber beach access stairs and pier access stairs
are proposed as part of the Project.
Existing granite steps will be removed and reinstalled to match the new wall height, maintaining continuity in
pedestrian access and aesthetics. Access improvements are limited to replacement and reconflguration of
existing access features and do not include the creation of new hardscape or expanded access footprints. All
work will be conducted in a manner that minimizes disruption to coastal resource areas, and any temporary
removals will be returned to their pre-construction condition.
4.1.5 Vegetation Management/ Invasive Species Control Plan
The Project includes targeted vegetation management to remove invasive, non -native, and aggressive plant
species currently present on the Coastal Bank and within the 0 –50-foot and 50–100-foot Buffer Zones. Invasive
species management will be conducted in accordance with an approved Invasive Species Management
Protocol prepared by Wilkinson Ecological Design. Please refer to the Land Management Plan in Appendix E
for information on the Invasive Species Management Protocol.
As indicated in the Land Management Plan (Appendix E), invasive species removal and native vegetation
restoration are considered mitigation measures under this Project and are intended to improve Buffer Zone
function, stabilize eroding soils, and enhance ecological value. Invasive species targeted for management
include, but are not limited to, non-native woody and herbaceous species identifled during site investigations.
Notice of Intent
Section 4 | Project Description (Preferred Alternative)
| 4-3
Herbicide application, where required to effectively control invasive species, will be conducted in a targeted
and controlled manner consistent with the Invasive Plant Management Protocol. Herbicide use will be limited
to cut-stump, cut-and-wipe, or low-volume spot application methods only and will be performed by licensed
applicators in accordance with Massachusetts Pesticide Control Regulations and manufacturer label
requirements. Broadcast spraying is not proposed.
Regenerative pruning techniques will be used on native shrubs that have poor structure due to crowding and
shade cast by invasive vegetation. This pruning techniqu e results in increased biomass of the subject plant, as
well as a plant with a natural shape. Where native shrubs lack the biomass to be successfully pruned into a
natural shape because of intense shading by invasive vines and shrubs, they will be fiesh cu t and allowed to
regrow without further management.
Areas disturbed by invasive species removal or herbicide treatment will be stabilized immediately following
treatment through installation of erosion control measures and planting with native species appropriate to the
Coastal Bank and Buffer Zone. All restoration planting, monitoring, and follow-up management will be
conducted in accordance with the Invasive Plant Management Protocol (Appendix E).
Please refer to the Restoration Plan provided in the Project Drawings in Appendix B for more information.
4.1.6 Native Plantings/ Restoration Plan
Following completion of construction activities, disturbed areas will be stabilized and restored using a
combination of ecological restoration measures and post-construction site stabilization.
Ecological restoration activities proposed as part of the Restoration Project include conservation and
enhancement of existing native understory meadow areas, invasive plant management, regenerative pruning,
and installation of native plantings within the Coastal Bank and Buffer Zones, as shown on the Restoration Plan
provided in Appendix B. These restoration activities are intentionally designed to improve Buffer Zone
function, stabilize eroding soils, enhance native plant diversity, improve wildlife habit at, and support the long-
term performance of the Coastal Bank and the NBS.
Restoration plantings associated with the Restoration Plan consist of native trees, shrubs, grasses, and forbs
selected based on site conditions, slope stability needs, and adjacent natural plant communities. These
plantings are considered mitigation and enhancement measures and are intended to result in a net ecological
beneflt relative to existing conditions. The upland native meadow is proposed to be mown annually/ biannually
and is located within the southern portion of the Project Site. Please refer to the Land Management Plan in
Appendix E for more details.
Separate from the above ecological restoration activities, general post -construction site stabilization will be
implemented in areas subject to temporary construction disturbance only, such as construction access routes
and staging areas. These plantings will consist of appropriate native or conservation seed mixes intended to
stabilize soils and reestablish vegetative cover following construction. Post-construction planting in temporarily
disturbed areas is intended solely to return those areas to stable v egetated conditions and is not considered
part of the Restoration Project.
Restoration and stabilization activities will be implemented in accordance with Wilkinson Ecological Design’s
Restoration Plan and Land Management Plan, and the Project Drawings provided in Appendix B.
Notice of Intent
Section 4 | Project Description (Preferred Alternative)
| 4-4
4.2 Anticipated Construction Sequence
The anticipated sequence of construction for the Project is generally outlined below. The actual sequence of
construction is subject to the discretion of the selected contractor and Wilkinson Ecological Design.
The Project extends along a signiflcant amount of shoreline normally accessible to 148 and 186 Windswept
Way. The contractor will be encouraged to limit temporary construction-phase access and work within coastal
resource areas/active shoreline to the greatest extent feasible and to avoid summer recreational use impacts.
The proposed removal and reconstruction work that will be performed seaward of the existing wall will be
conducted by hand and undertaken in the dry utilizing daily low tides. As the times of these low tides change
from day to day, the work hours will also vary and will be subject to periodic weather-related shutdowns. The
contractor will be required to maintain appropriate siltation controls at the downgradient side of sedim ent
excavations while working. To minimize the potential for these BMP controls themselves to contribute to
marine litter, they will be moved out of the wave environment when not in use.
Truck deliveries and site work will be performed within hours limited by the Town of Barnstable and Osterville
Grand Island or as further deflned by Project speciflcations. Performing site work within hours specifled by the
Town work hour requirements will help mitigate construction -related noise impacts on neighbors.
Prior to the commencement of construction, the following activities will occur:
▪ Obtain all required local, state, and federal permits and approvals
▪ Notify pertinent regulatory agencies and abutters of the construction schedule
▪ Conduct a pre-construction meeting and site walk with the Conservation Commission and other
applicable agencies, as requested, to review approved plans, limits of work, and construction -phase
BMPs
▪ Stake all outside corners of all proposed structures and the continuous proposed LOW line , and fiag all
wetland resource areas on or within 100 feet of the work area.
▪ Install sedimentation and erosion controls and protective measures at the work site perimeter
Construction activities are anticipated to occur as follows:
▪ Site mobilization and material staging via a temporary access route extending from the end of the
existing gravel driveway south of 148 Windswept Way to the temporary staging area. Temporary
construction access will be limited to the approved access path.
▪ Vegetation management and invasive species removal on the Coastal Bank and within the 0 –50-foot
and 50–100-foot Buffer Zones, conducted in accordance with the approved Restoration Plan
▪ Installation of the NBS at the toe of the Coastal Bank
▪ Reconstruction of the timber bulkhead largely within the footprint of the existing shoreline structure,
with slight adjustments as needed to align with current site conditions
▪ Slope restoration and native plantings above the bulkhead and NBS
▪ Ongoing inspection and maintenance of erosion and sedimentation controls throughout construction
▪ Stabilize disturbed areas as work progresses
Following completion of construction, the following activities will occur:
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▪ Final stabilization of all disturbed areas through native plantings, erosion control blankets, and other
approved restoration measures
▪ Post-construction inspection by the Conservation Commission or its agent, as requested
▪ With Conservation Commission authorization, remove erosion and sedimentation controls and
protective measures at the work site perimeter and entrance/exit locations and properly dispose of
them off site
▪ Demobilize and perform flnal site cleanup
▪ Continue post-construction monitoring and maintenance of the NBS and restored vegetation, as
required by permit conditions
Please refer to the Land Management Plan in Appendix E for more information on the Project timeline.
4.3 Construction Methodology & Best Management Practices
The following Best Management Practices (BMPs) will be implemented during construction to minimize the
potential for impacts to jurisdictional resource areas. The Town and contractor will reserve the right to require
supplemental and/or alternative construction BMPs during work depending on site and weather conditions. As
noted below, in some instances speciflc construction means and methods will be determined by the
contractor. However, the contractor will be restricted to the limit of work depicted on the Project Drawings.
4.3.1 Erosion & Sedimentation Controls
The contractor will be required to maintain appropriate erosion and sedimentation controls at the
downgradient side of all construction activities. Erosion and sedimentation control measures (turbidity curtains
and siltation fence/ barrier) will be installed between proposed areas of disturbance and resource areas as
shown on Project Drawings and as deemed necessary. Use of non-biodegradable mesh materials will be
avoided.
Supplemental and/or alternative construction BMPs may be required during work, depending on site and
weather conditions. The contractor will be responsible for complying with permits issued for the Project. In
addition:
• The contractor will be required to maintain a reserve supply of erosion and sedimentation control
barriers on-site to make repairs, as necessary
• Protective measures will be inspected after signiflcant precipitation events. Maintenance and repairs
will be conducted, as necessary
At the conclusion of the Project, the erosion control barriers will be removed and properly disposed of off -site
following the stabilization of disturbed areas and Conservation Commission authorization.
4.3.2 Spill Prevention & Control
The contractor will be required to conduct the work in an environmentally safe manner and in accordance with
applicable regulations for the management of fuels, waste oils, and hazardous substances.
4.3.3 Dust Control
The contactor shall be responsible for the control of dust throughout the construction period. Dust control
methods shall include, but be not limited to, sprinkling water or calcium chloride on exposed areas, covering
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loaded dump trucks leaving the site, and temporary mulching exposed soil areas. Dust control measures shall
be utilized to prevent the migration of dust from the site to abutting areas.
4.3.4 Limit Vehicle Emissions
The bid and contract documents issued by the Applicant will require that contractors use ultra low-sulfur diesel
fuel and implement anti-idling measures to reduce construction-period emissions. Temporary and permanent
signage will be installed in the project area reminding contractors about anti -idling regulations.
4.4 Site Access & Staging
All site access will be provided via the existing entrance at 186 Windswept Way. Construction vehicles and
equipment will utilize this access point throughout the duration of the Project. A temporary construction access
corridor approximately 12 to 15 feet in width will be established from the driveway to the shoreline, within the
approved limits of work, to facilitate the transport of materials and equipment , as shown on the Project
Drawings in Appendix B. Construction access will utilize previously distur bed or maintained areas to the
maximum extent practicable. No construction access is proposed along the Coastal Beach or within the
intertidal zone. Access seaward of the existing wall will be limited to pedestrian use and hand-carried tools
only. Proposed work on the timber bulkhead will be performed by hand from the upland side of the wall.
A designated materials and equipment staging area will be located upland, landward of coastal resource
areas, within the landscaped portion of the property, as shown on the Project Drawings in Appendix B. Staging
areas will be limited to the minimum area n ecessary and will be located outside of Salt Marsh, Coastal Beach,
Land Under the Ocean, and other jurisdictional resource areas to the maximum extent practicable.
The vegetated slope north of the pier includes approximately ten small trees to facilitate construction of the
proposed bulkhead. These trees are limited in size and extent and are located within an area that will be
restored following construction. In addition, the removal of one cedar tree is proposed to facilitate
construction access for the proposed bulkhead south of the existing cottage at 186 Windswept Way.
Following completion of construction, all temporary access routes and staging areas will be fully restored,
including removal of temporary materials, regrading as necessary, and stabilization with seed mix or erosion
control measures, as shown on the Project Drawings in Appendix B.
4.5 Site Stabilization & Restoration
The areas of construction will remain in stable condition at the close of each construction day via the use of
appropriate erosion and sedimentation control measures, and support of excavation, as necessary. Prior to
construction, the Contractor will prepare and implement a temporary support of excavation and structural
support plan to maintain the stability of adjacent slopes and existing buildings. Erosion control measures will
be inspected at the close of each construction day and maintained or reinforce d as necessary. All erosion and
sedimentation control measures will be inspected, cleaned, or replaced during construction and will remain in
place until such time as stabilization of all areas that may impact jurisdictional areas is permanent.
Existing surface treatments will be restored to proposed grades and elevations upon completion of work.
These proposed conditions are depicted on the Project Drawings provided in Appendix B.
S e c t i o n 5
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SECTION 5 | Jurisdictional Activities & Regulatory
Compliance
The proposed Project has been designed to avoid environmental impacts when possible, minimize
unavoidable impacts when practicable, and provide restoration that is commensurate with the proposed
temporary alterations. Descriptions of the Project’s compliance with the regulatory requirements of the MA
WPA and regulations (310 CMR 10.00), Chapters 237 (WPB) and 704 (Wetlands Buffer Zone Activity) of the
Code of the Town of Barnstable, and other pertinent state and federal regulatory programs are provided
below.
5.1 Massachusetts Wetlands Protection Act
Activities are proposed within areas subject to the Barnstable Conservation Commission’s jurisdiction under
the MAWPA (M.G.L. c. 131 § 40). Portions of the proposed work will occur in and near wetland resource ar eas,
including Coastal Bank, Coastal Beach, LSCSF, and the 100-foot Buffer Zone to Coastal Bank.
5.1.1 Summary of MA WPA Jurisdictional Activities
Table 5-1 presents a summary of the resource area impacts from the proposed Project relative to existing
conditions. Impact areas presented were calculated in AutoCAD. The Project Drawings in Appendix B also
depict the proposed activities and resource areas.
TABLE 5-1 Summary of Impacts1
Resource Area Temporary Impacts (SF) Permanent Impacts (SF) Total Net Impacts (SF)
Coastal Beach2 1,750 100 1,750
Coastal Bank (LF) 3 505 525 505
Land Subject to Coastal
Storm Flowage4
14,820 18,620 29,000
100-Foot Buffer Zone5 5,350 12,695 17,805
1: Please note that meadow restoration activities, consisting of annual or biannual mowing, are not included in Table 5 -
1. Meadow restoration impacts include approximately 2,290 SF within the 0–50-foot Buffer Zone and 6,500 SF within the
50–100-foot Buffer Zone.
2: Temporary impact associated with the bulkhead excavation. Permanent activities associated with the installation of
the bulkhead piles.
3: Temporary impact associated with the removal of the existing stone wall. Permanent activities associated with the
installation of the bulkhead and NBS.
4: Temporary impact associated with the bulkhead excavation, existing stone wall removal, access route, and staging.
Permanent activities associated with the installation of the NBS, invasive species management, and native plant
restoration.
5: Temporary impact associated with the bulkhead excavation and access route. Permanent activities associated with the
installation of the NBS, invasive species management, and native plant restoration.
The following section presents the MA WPA Performance Standards for each pertinent resource area
(presented in italic font) and the compliance of the proposed activities with those standards (normal font).
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COASTAL BEACH
The Performance Standards for Coastal Beach are set forth at 310 CMR 10.27(3)-(7).
The Performance Standards below pertain to a Coastal Beach that is determined to be signiflcant to storm
damage prevention, fiood control, or protection of wildlife habitat.
3. Any Project on a coastal beach, except any Project permitted under 310 CMR 10.30(3)(a), shall not have
an adverse effect by increasing erosion, decreasing the volume or changing the form of any such
coastal beach or an adjacent or downdrift coastal beach.
The upper area of Coastal Beach identifled near the toe of the Coastal Bank does not offer meaningful
storm damage prevention; however, the intertidal fiats seaward of the Salt Marsh provide some
protection to the marsh escarpment by damping wave action du ring periods of lower water levels.
Regardless of size or signiflcance, the natural function of the beach is dependent on the availability of
beach-compatible material to respond to local coastal processes .
The proposed Project will not increase erosion, decrease beach volume, or alter the form of the Coastal
Beach or any adjacent or downdrift beach. As discussed in Section 3.1.7, timber piles providing lateral
support for the bulkhead are proposed to be installed slightly seaward of the existing alignment to
allow for installation into previously undisturbed soils, which is important to maintaining st ructural
stability and long-term durability. Overall, the proposed Project will result in a net decrease in
permanent impacts to regulated resource areas when compared to existing conditions, while
improving shoreline stability.
Any groin, jetty, solid pier, or other such solid flll structure which will interfere with littoral drift, in
addition to complying with 310 CMR 10.27(3), shall be constructed as follows:
o It shall be the minimum length and height demonstrated to be necessary to maintain beach
form and volume. In evaluating necessity, coastal engineering, physical oceanographic and/or
coastal geologic information shall be considered.
o Immediately after construction any groin shall be fllled to entrapment capacity in height and
length with sediment of grain size compatible with that of the adjacent beach.
o Jetties trapping littoral drift material shall contain a sand by-pass system to transfer sediments
to the downdrift side of the inlet or shall be periodically re-dredged to provide beach
nourishment to ensure that downdrift or adjacent beaches are not starved of sediments.
No new groins, jetties, solid piers, or other solid flll structures that would interfere with littoral drift are
proposed as part of the Project. The proposed work does not include new structures extending into the
littoral zone and will not impede sedimen t transport.
To facilitate construction access, existing stone elements at the shoreline may be temporarily adjusted
or removed, if necessary, and will be restored to their original location, alignment, and elevation
following completion of construction. All temporary adjustments will be conducted in a manner that
avoids long-term disruption to coastal processes or sediment transport. As such, the Project complies
with this performance standard.
4. Notwithstanding 310 CMR 10.27(3), beach nourishment with clean sediment of a grain size compatible
with that on the existing beach may be permitted.
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Beach nourishment is not proposed as part of the Project. Placement of compatible sediment is limited
to nourishment of the flber roll array for protection of coir materials and vegetation establishment, as
provided in the Restoration Plan in Appendix B.
5. In addition to complying with the requirements of 310 CMR 10.27(3) and (4), a Project on a tidal fiat
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 flsheries
and wildlife habitat caused by:
a. alterations in water circulation;
b. alterations in the distribution of sediment grain size; and
c. changes in water quality, including, but not limited to, other than natural fiuctuations in the
levels of dissolved oxygen, temperature or turbidity, or the addition of pollutants.
This water-dependent Project has been designed to minimize adverse effects by using best available
measures. Work within the intertidal zone will be limited to minor adjustments and resetting of existing
structures necessary to facilitate installation of the coastal stabilization measures.
Appropriate construction-period BMPs will be implemented to minimize turbidity, avoid changes in
water circulation, and protect water quality. No long-term changes to sediment grain size, water quality,
or habitat conditions are anticipated. Please refer to Section 4.3 Construction Methodology and Best
Management Practices.
6. Notwithstanding 310 CMR 10.27(3) through (6), no Project may be permitted which will have any
adverse effect on specifled habitat sites or rare vertebrate or invertebrate species, as identifled by
procedures established under 310 CMR 10.37.
Based on the 15th edition of the Natural Heritage Atlas (August 1, 2021), the Project Site does not
contain designated Estimated or Priority Habitat for state-listed rare species.
COASTAL BANK
The Coastal Bank was identifled as the inland landform abutting the shoreline of the property and is depicted
in the Project Drawings in Appendix B.
The Performance Standards outlined at 310 CMR 10.30(3)-(5) are applicable to a Coastal Bank determined to
be signiflcant to storm damage prevention or fiood control because it supplies sediment to coastal beaches,
Coastal Dunes or barrier beaches.
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 flled 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:
(a) A coastal engineering structure or a modiflcation thereto shall be designed and constructed so
as to minimize, using best available measures, adverse effects on adjacent or nearby coastal
beaches due to changes in wave action, and
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(b) The applicant demonstrates that no method of protecting the building other than the
proposed coastal engineering structure is feasible.
(c) Protective planting designed to reduce erosion may be permitted.
The proposed rehabilitation of an existing coastal engineering structure is intended to stabilize the
Coastal Bank and mitigate potential issues associated with scour and wall undermining.
The Project has been designed using best available measures to minimize adverse effects on adjacent
or nearby Coastal Beaches, including implementing limited modiflcations to the existing shoreline
alignment and incorporating nature-based stabilization measures. The fiber roll array, planting, and
sediment nourishment are designed to slow erosion along the bottom of the Coastal Bank and
restore native vegetation. The flber roll array will aim to limit future erosion by protecting native soils
and acting as a root medium for native plants to establish, whose roots will help retain coastal bank
soils. Protective planting and restoration of native vegetation are also proposed to reduce erosion.
Alternatives to the proposed structure were evaluated and are discussed in Section 3. As such, the
Project meets the requirements of this performance standard.
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.
The proposed Project will 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. The work
includes removal of the existing deteriorated stone wall and installation of a new stabilization system
generally along the same alignment, combined with nature-based measures intended to preserve
sediment processes.
The proposed fiber roll array is designed to limit future erosion by protecting native soils and
acting as a root medium for native plants to establish, whose roots will help retain coastal bank
soils.
Therefore, the Project complies with this performance standard.
5. The Order of Conditions and the Certiflcate 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, Section
40 shall contain the speciflc condition: 310 CMR 10.30(3), promulgated under M.G.L. c. 131, Section
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.
No new buildings are proposed as part of this Project. As such, the Project meets the criteria of this
performance standard.
The Performance Standards outlined at 310 CMR 10.30(6)-(8) are applicable to a Coastal Bank determined to
be signiflcant to storm damage prevention or fiood control because it is a vertical buffer to storm waters.
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.
The proposed Project is designed to improve the stability of the Coastal Bank. The Project includes
the replacement of the existing stone seawall and associated access features. Upon completion of the
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timber bulkhead installation, the adjacent upland slope will be regraded to meet the new wall height
and alignment. Regrading will also occur in areas where the NBS is proposed to recontour the Coastal
Bank following excavation activities and prepare the area for NBS installation. Excavation into the Bank
will only occur in areas as shown on the Project Drawings (Appendix B) and will be conducted with
measures to minimize ground disturbance.
Invasive and non-native vegetation will be removed using low-impact, targeted methods that avoid
soil disturbance. Root systems will be left in place to maintain soil integrity, and exposed soils will be
immediately stabilized with native seed mixes and bi odegradable erosion control blankets.
Installation of the flber roll array at the toe of the Bank will further stabilize the slope by
reducing erosive forces and supporting vegetation establishment. Installation of a fiber roll
array and the establishment of diverse, deep-rooted native plant communities will result in an
improvement to the stability of the Coastal Bank. The additional depth of root materials,
diversity of root morphologies and increas ed herbaceous cover will increase the stability of the
soils which comprise the Coastal Bank, thus significantly furthering this protected interest of
Coastal Banks.
All work has been designed to enhance long-term Bank stability using best available measures.
7. Bulkheads, revetments, seawalls, groins or other coastal engineering structures may be permitted on
such a Coastal Bank except when such a bank is signiflcant to storm damage prevention or fiood
control because it supplies sediment to coastal beaches, Coas tal Dunes, and barrier beaches.
The proposed timber bulkhead will replace the existing stone wall in the same general alignment and
location. As a result, sediment conditions along this portion of the Coastal Bank will remain the same
as existing conditions, and the Project will not change the Bank’s contribution of sediment to adjacent
coastal resource areas. Therefore, the Project meets this performance standard.
8. Notwithstanding the provisions of 310 CMR 10.30(3) through (7), no Project may be permitted which
will have any adverse effect on specifled habitat sites of rare vertebrate or invertebrate species, as
identifled by procedures established under 310 CMR 10.37.
Based on the 15th edition of the Natural Heritage Atlas (August 1, 2021), the Project Site does
not contain areas designated as Estimated or Priority Habitat for state-listed rare species. As
such, the Project meets the criteria of this performance standard.
LAND SUBJECT TO COASTAL STORM FLOWAGE
The MA WPA regulations do not contain any performance standards speciflc to LSCSF. The majority of
temporary and permanent impacts within the Project Site are located within the VE zone. The Base Flood
Elevation (BFE) in this region within Zone VE is 14 feet. The proposed Project is not anticipated to alter the
fiood storage capacity of LSCSF.
100-FOOT BUFFE R ZONE
The MA WPA regulations do not contain any performance standards speciflc to Buffer Zone. The outermost
landward extent of 100’ foot Buffer Zone extends landward from Salt Marsh, Coastal Bank, Coastal Beach, Land
Under the Ocean, and Land Containing Shellfish. The proposed Project proposes approximately 17,805 SF of
impacts in the 100-foot Buffer Zone. Permanent impacts within the 100-foot Buffer Zone are associated with the
installation of the NBS, invasive species management, and native plant restoration. Temporary impacts within
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the 100-foot Buffer Zone are limited to bulkhead excavation, and construction access and staging areas. All
temporarily disturbed areas will be restored to pre-construction conditions following completion of work.
5.1.2 Stormwater Management
The Project will not increase stormwater fiows or volume, or impact stormwater quality at the Site. Construction
period and post-construction stormwater impacts have been minimized by design and use of Best
Management Practices (BMPs) in accordance with th e Massachusetts Stormwater Management Regulations.
5.2 Barnstable WPB
The Town of Barnstable has established a WPB (Chapter 237 of the Code of the Town of Barnstable), effective
December 1987, regarding activities within their jurisdiction as well as administrative procedures relative to
proposed Projects. The Barnstable Conservation Commission also regulates activities within the 100-foot Buffer
Zone under Chapter 704 of the Code of the Town of Barnstable. Of the Commission’s current regulations, the
following are pertinent to the proposed activities.
The Performance Standards outlined in Section 704-3 are applicable to projects requiring a Notice of Intent.
• Section 704-3A: 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-foot undisturbed Buffer Zone does not exist across the Project Site due to historic shoreline
disturbance, existing vegetation conditions, and ongoing erosion along the Coastal Bank. At the
Project Site, the 50-Foot Buffer Zone contains existing development, including the single-family
dwelling at 148 Windswept Way and the cottage at 186 Windswept Way , along with associated access
features, landscaped areas, and maintained vegetation. Proposed work within the 50-foot Buffer Zone
includes regenerative pruning, invasive species management, removal of one cedar tree for
construction access, native meadow restoration, installation of a portion of the NBS, and the addition of
native plantings above the NBS. Temporary impacts within the 50-foot Buffer Zone include the
bulkhead excavation and construction access route.
No adverse impacts to adjacent wetland resource areas are anticipated. All activities within this area
are restorative or maintenance-related and are proposed to improve Buffer Zone function by
supporting long-term shoreline resilience, stabilizing eroding soils, restoring native vegetation and
enhancing wildlife habitat.
• Section 704-3B: 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.
Due to existing conditions within the 50-foot Buffer Zone, the Site does not meet the deflnition of an
“undisturbed buffer” as outlined in §704-2A. The area within 50 feet of the Coastal Bank is already
developed, containing portions of the landscaped yard, single-family dwelling, and cottage. As such,
this standard is not applicable.
• Section 704-3C: 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
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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.
Due to existing conditions within the 50-foot Buffer Zone, the Site does not meet the deflnition of an
“undisturbed buffer” as outlined in Section 704-2A. Although the Project proposes invasive species
management and addition of native plantings within the 50–100-foot Buffer Zone to Coastal Bank, no
mitigation is required because the Project does not propose any new hardscapes .
• Section 704-3D: 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 to100 ft. buffer
zone shall be determined by the following method:
o Calculate area of proposed hardscape within the 50 to 100 ft. buffer zone;
o 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.
o 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.
Mitigation calculations under Section 704-3D are based on the area of proposed hardscape. No new
hardscape is proposed as part of this Project. Work in the 50-100-foot Buffer Zone consists of invasive
species management and native plantings.
• Section 704-3E: 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 Project does not require mitigation in accordance with Section 704-3C because no new
hardscapes are proposed. However, improvement activities proposed as part of the Project include
invasive plant management, regenerative pruning, conservation of existing native understory meadow,
and native plantings within the Buffer Zones. These measures are intended to restore, to the extent
practicable, the vegetative composition and functional value of a 50 -foot undisturbed Buffer Zone.
The locations and extent of planting and restoration activities are shown on the Project Drawings in
Appendix B. Plant species selection and planting methods are designed to be compatible with site
conditions and to support long-term stabilization and restoration of Buffer Zone function.
• Section 704-3F: BEST PRACTICES
o The Conservation Commission shall exercise a preference for pervious surface types of
hardscape.
o 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.
The proposed Project incorporates best practices consistent with Section 704 -3F of the Barnstable
Wetlands Protection Ordinance. All work within the Buffer Zone is limited to shoreline stabilization,
ecological restoration, maintenance activities, and temporary construction access. No new hardscape
or impervious surfaces are proposed.
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Invasive species management will be conducted using low -impact methods that minimize soil
disturbance. Disturbed areas will be stabilized and restored with native vegetation appropriate to
Coastal Bank and Buffer Zone conditions.
The Performance Standards for projects requiring a waiver for activities in the 50 -Foot Buffer Zone are outlined
at Section 704-4.
• Section 704-4A: HARDSCAPE OR LANDSCAPE ALTERATION PROPOSED WITHIN THE 50 FT. BUFFER,
(except as noted in Section 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 flnd that the overall project, when considered with its proposed mitigation, will protect
the wetland interests contained in Ch. 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 cons idered 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.
The Applicant requests a Waiver from Performance Standards outlined in Section 704-3 for the
installation of a portion of the NBS within the 50-foot Buffer Zone. The Waiver is required solely due to
560 SF of landscape alteration associated with NBS installation. No new hardscape, impervious
surfaces, or expansion of existing development is proposed within the 0-50-foot Buffer Zone.
Based on the ratio provided in 704-4B below, 2,240 SF of mitigation is required for landscape
alterations proposed within the 50-foot Buffer Zone. The proposed mitigation includes 10,015 SF of
native plantings within the 0-50-foot Buffer Zone and 2,120 SF of native plantings within the 50-100-
foot Buffer Zone. A list of native trees, shrubs and herbaceous plantings is provided on the Restoration
Plan. Additionally, biannual mowing of an existing upland native meadow is proposed within the 0-50’
(2,290 SF) and 50-100’ (6,500 SF) Buffer Zones. Please refer to the LMP in Appendix E for additional
information.
Pursuant to Section 704-6(A)(2) of the Barnstable Regulations, certain maintenance activities may be
permitted at the Commission’s discretion without an accompanying requirement for mitigation
planting, including invasive species control. Consistent with this provision, the proposed invasive
species management and regenerative pruning within the 50-foot Buffer Zone are maintenance
activities intended to improve existing site conditions and restore Buffer Zone function.
The Project will result in a net environmental beneflt to wetland resource areas and associated Buffer
Zones through implementation of the Restoration Plan. The Project protects and enhances the wetland
interests identifled in Chapter 237 of the Code of the Town of Barnstable, including:
• Storm damage prevention, through replacement of a failing shoreline structure, stabilization of
the Coastal Bank, and installation of a NBS designed to help dissipate wave energy and reduce
erosion
• Prevention of pollution, through invasive species management, establishment of native
vegetation, and stabilization of exposed soils, reducing sediment and nutrient runoff to Cotuit Bay
• Protection of groundwater supply and groundwater quality, by avoiding new impervious
surfaces, maintaining pervious vegetated areas within the Buffer Zone, and restoring native plant
communities that promote inflltration and reduce pollutant transport
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• Protection of shellfish habitat and marine fisheries, by avoiding work within Land Containing
Shellflsh, implementing BMPs to minimize turbidity during construction, and stabilizing adjacent
upland areas to reduce sedimentation to Cotuit Bay
• Protection of wildlife habitat, through restoration of native plant communities and the
conservation of native understory meadow
• Erosion and sedimentation control, through stabilization of eroding slopes, installation of native
vegetation, and use of sediment barriers to protect adjacent Salt Marsh during construction
The requested Waiver is limited in scope and, when combined with the proposed mitigation measures,
will protect the wetland interests contained in Chapter 237. To the maximum extent feasible, work
within the 50-foot Buffer Zone has been avoided; however, the proposed activities represent limited
circumstances where work within the Buffer Zone is necessary to achieve long-term environmental
protection and shoreline resiliency.
• Section 704-4B: CALCULATION OF MITIGATION UNDER A WAIVER – The minimum amount of
mitigation planting required for a waiver of Performance Standards (Section 704-3) shall be
determined using the following formula:
o Calculate area of disturbance from proposed hardscape and landscape alterations within the
50 ft. buffer zone; and
o 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.
The area of the landscape alterations associated with the installation of the NBS in the 50-foot buffer is
560 SF. Mitigation is required at a 4:1 ratio; therefore, 2,240 SF of mitigation is required.
The proposed mitigation includes 10,015 SF of native plantings within the 0-50-foot Buffer Zone and
2,120 SF of native plantings within the 50-100-foot Buffer Zone. Additionally, biannual mowing of an
existing upland native meadow is proposed within the 0-50’ (2,290 SF) and 50-100’ (6,500 SF). These
measures are intended to offset temporary and permanent alterations within the 50-foot Buffer Zone
and to improve overall Buffer Zone function.
• Section 704-4C: ON-SITE MITIGATION UNDER A WAIVER – 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.
All mitigation associated with the requested Waiver will be provided on site. The locations and extent
of the mitigation activities are shown on the Project Drawings included in Appendix B. These measures
are designed to improve Buffer Zone function and ensure long-term protection of adjacent wetland
resource areas.
5.2.1 Abutter Notification
Abutters within 100 feet of the subject parcel were notifled in accordance with the MA WPA and Barnstable
Wetlands Bylaw and Regulations. Please refer to the materials provided in Appendix D.
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5.3 Other Pertinent Regulatory Programs
5.3.1 Federal Permits/ Authorizations
ARMY CORPS OF ENGINEERS SECTION 10/ SECTION 404
The proposed Project is subject to jurisdiction under Section 10 of the Rivers and Harbors Act of 1899 due to
work proposed below the ordinary high water (OHW) line within Cotuit Bay, a designated navigable water of
the U.S. Fill placed below the OHW is also subject to Corps jurisdiction under Section 404 of the Clean Water
Act. A Pre-Construction Notiflcation (PCN) application will be submitted to the United States Army Corps of
Engineers (ACOE) in Summer 2025. The Project is designed to comply with Army Corp’s general conditions.
NPDES CONSTRUCTION GENERAL PERMIT
The Environmental Protection Agency (EPA) issues National Pollutant Discharge Elimination System (NPDES)
Construction General Permits (CGP) as a part of the effort to minimize detrimental runoff caused by the
clearing, grading, and excavating or general construction activities on construction sites. Since the land
disturbance will not exceed the CGP impact threshold of more than one acre of land, a NPDES CGP permit is
not required.
CZM FEDERAL CONSISTENCY REVIEW
The Project is subject to Federal Consistency Review (MA Federal Consistency Rules, 301 CMR 20.00 and
Coastal Zone Management Act, 16 U.S.C. § 14560) because it is being conducted by a non -federal entity within
the Coastal Zone and requires a permit from a Federal Agency (Army Corps). The proposed Project is
consistent with CZM policies deflned in the 2011 CZM Policy Guide. It is anticipated that USACE will
coordinate with MA CZM to acquire General Concurrence as part of the PCN application review.
5.3.2 State Permits/ Authorizations
MA HISTORICAL COMMISSION
Any project that involves state or federal funding and/or approvals requires review by the MA Historical
Commission (MHC) (State Historic Preservation Offlcer, SHPO) to determine potential impacts to historic
and/or archaeological resources and to ensure compliance with MGL c.9 § 26-27(c) and Section 106 of the
National Historic Preservation Act. Additionally, underwater projects must contact the Board of Underwater
Archeological Resources (MA BUAR) to determine whether the project will disturb underwater archaeological
resources.
There is one inventoried property and two inventoried districts/MHC IDs listed on the Massachusetts Cultural
Resource Information System (MACRIS) website that occur either wholly or partially within the limits of Project
Site: BRN.AZ (Oysters Harbors – Osterville Grand Island), BRN.AM (Osterville North and West Bays), and
BRN.1916 (Boyd, Thomas K. House – Cedarfrith).
A Project Notiflcation Form will be submitted in Winter 2026 to the SHPO and Tribal Historic Preservation
Offlcers (THPOs), including MA BUAR. The Proponent will continue to coordinate with them as the Project
progresses.
CHAPTER 91 WATERWAYS
Chapter 91 review is required for the placement of any structures and flll and/or dredging below the Mean
High Water (MHW) in certain waterways, including Cotuit Bay. The existing pier and groin at the site previously
received a Chapter 91 License from MassDEP in January 2010, but the existing dry laid and mortared stone
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wall does not appear to be licensed. The proposed changes do not qualify for an amendment to the existing
License, and MassDEP cannot issue two licenses for one property. Therefore, the proposed work will require a
new Chapter 91 License.
401 WATER QUALITY CERTIFICATION
The proposed work will occur below MHW but will not meet any thresholds at 314 CMR 9.00 related to flll or
dredging. As such, an individual Water Quality Certiflcation in accordance with Section 401 of the Clean Water
Act is not required from MassDEP.
MASSACHUSETTS ENDANGERED SPECIES ACT (MESA)
The Massachusetts Endangered Species Act (MESA) is implemented by the Massachusetts Natural Heritage
and Endangered Species Program (NHESP) to protect areas determined to contain endangered, threatened or
species of special concern. These areas are designated as “Priority Habitats of Rare Species” under the MESA
Regulations (321 CMR 10.00) and are delineated state-wide in the Massachusetts Natural Heritage Atlas. The
Project is not located within mapped NHESP habitat area and does not require review pursuan t to the MESA.
MASSACHUSETTS ENVIRONMENTAL POLICY ACT
The Project is subject to environmental review pursuant to Section 11.01(2)(a) of the MEPA regulations as it
requires a state agency action (Chapter 91 Waterways License).
The Project is subject to environmental review pursuant to Section 11.01(2)(b) of the MEPA regulations (301
CMR 11.00) as one or more Environmental Notiflcation Form (ENF) review thresholds are met:
▪ 301 CMR 11.03(3)(b)(1)(a): The project will result in the alteration of Coastal Dune, Barrier Beach, or
Coastal Bank.
The Project does not meet review thresholds for a mandatory Environmental Impact Report (EIR).
5.3.3 Local Permits
ORDER OF CONDITIONS – MA WPA
No other local non-ministerial permits are required from the Town of Barnstable.