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HomeMy WebLinkAbout31 Paine Ave - Project Description Revised 4-13-23Notice of Intent 31 Paine Avenue, Hyannis Project Description Revised: April 13, 2023 1. Introduction This Notice of Intent (NOI) application has been submitted to the Barnstable Conservation Commission to permit the proposed reconstruction of a deck and associated stairway located at 31 Paine Avenue in Hyannis (the site). The Town of Barnstable Assessors Department references the site as Map ID: 228-119-001. The deck is located within the 100-foot buffer zone to a Bordering Vegetated Wetland, the 100-foot buffer zone to a Coastal Bank and the 200-foot Riverfront Area. This application is being submitted in accordance with the Massachusetts Wetlands Protection Act and the Town of Barnstable Wetlands Protection Bylaw. 2. Site Description The site is located at the eastern end of Paine Avenue and consists of a single-family home with driveway, maintained lawn, etc. to the north of Paine Avenue. The site abuts a perennial stream with associated wetland resource areas to the east. Environmental Consulting & Restoration, LLC (ECR) performed a review of the existing conditions at the site on December 18, 2022. The purpose of the review was to identify wetland resource areas on or near the site. ECR placed Bordering Vegetated Wetlands flags (BVW, pink & black striped ribbons) #A1 to #A13 to mark the landward limit of the vegetated wetland on and near the site. The vegetated wetland was delineated following the methodology established by the Massachusetts Department of Environmental Protection (DEP) regulations found at 310 CMR 10.55 pertaining to the delineation of Bordering Vegetated Wetlands. The delineation was performed by analyzing vegetation, hydrology within 12 inches of the surface, and soil conditions within 20 inches of the surface. The wetland contains hydric soils, saturated soils, and dominant wetland indicator plants. ECR also placed Inland Bank/Mean Annual High-Water flags (blue ribbons) #IB1 to #MAHW10 along the top of the Inland Bank or Mean Annual High-Water line of the perennial stream to the east of the site. The USGS topographic map shows this stream as a perennial stream (dark blue line) turning to a small pond in this location. The stream appears to be a ponded waterway in the field. However, without additional review of riverine characteristics, ECR is classifying this portion of the stream at this location as a perennial stream. The Inland Bank flagging was performed in accordance with the Riverfront Regulations found at 310 CMR 10.58. Lastly, the site contains Land Subject to Coastal Storm Flowage (FEMA flood zone AE). Flood waters that could potentially impact the site flow from Hyannis Harbor to the south, north through Stewarts Creek and into the unnamed perennial stream immediately east of the site. Based on the presence of Land Subject to Coastal Storm Flowage and the steep topography within the eastern portion of the site, a Coastal Bank exists on the site. In accordance with DEP Policy 92-1, the top of the Coastal Bank has been identified and shown on the attached plan. Please note, this Coastal Bank acts as a vertical buffer to flood water, but does not function as a sediment source to any other coastal resource areas. As a result of ECR’s wetland delineation at the site, ECR is able to confirm that the site contains the following areas of Conservation Commission jurisdiction: • Bordering Vegetated Wetland (BVW) • Coastal Bank • 100-foot Buffer Zone to BVW & Coastal Bank • 200-foot Riverfront Area Notice of Intent 31 Paine Avenue, Hyannis • Land Subject to Coastal Storm Flowage (FEMA flood zone AE) Also review of the MassMapper wetlands database reveals the following: • The site is not located within Estimated/Priority Habitat for Rare Species according to the Massachusetts Natural Heritage & Endangered Species Program (MaNHESP). • The site does not contain Certified Vernal Pools according to the MaNHESP. • The eastern portion of the site does contain areas mapped as Land Subject to Flooding (FEMA AE flood zone). • The site does abut a USGS mapped perennial stream as noted above. • The site is not located within an Area of Critical Environmental Concern. 3. Proposed Activities The purpose of this Notice of Intent application is to permit the reconstruction of a previously existing deck located to the rear of the existing home. The previously existing deck was recently removed and disposed of offsite. The previously existing deck was 12 feet by 14 feet. At this time, the proposed project includes reconstructing the deck and slightly expanding the deck to 14 feet by 20 feet. The expansion results in a small increase in footprint that totals 112 square feet. The expansion is located entirely within a previously developed portion of the site that currently exists as maintained lawn within the backyard of the home. To mitigate the proposed expansion, the project includes a native planting area designed at a 4:1 ratio. The proposed activities include the following: • Installation of Erosion Control – Prior to the start of work, erosion controls will be installed to protect the nearby wetland resource areas. • Reconstruction of a Deck – The proposed deck reconstruction is located to the rear of the single-family home entirely within a previously developed portion of the site. The proposed deck will be constructed within the same footprint as a previously existing deck to include a slight expansion. The expansion results in a small increase in footprint that totals 112 square feet. The proposed deck will be constructed on sonotube footings, or similar. Limited excavation will be necessary. Please note, the deck planks will be adequately spaced to allow stormwater to flow through and infiltrate the ground below. • Landscape Improvements - All disturbed areas surrounding the proposed deck and will be restored and stabilized as lawn and/or landscape beds. Any landscape plant materials proposed within the Riverfront Area should be native plants and mulched with natural seasoned mulch. ECR recommends a seed mix high in fescues that require less water and nutrient needs. • Mitigation Plan – In order to comply with the Town of Barnstable Wetland Bylaw and regulations, the proposed project includes 448 square feet of mitigation. The mitigation plan has been designed at a 4:1 ratio as compared to the 112 square feet of proposed deck expansion to comply with the Town of Barnstable Chapter 704-4(B) regulations. The mitigation plan converts an area of existing lawn along the top of a Coastal Bank to a natively vegetated buffer. For more information, please refer to the attached Mitigation Plan. 4. Regulatory Compliance 4.1 MA Wetland Protection Act & Chapter 237 of the General Ordinances Notice of Intent 31 Paine Avenue, Hyannis The proposed project is located within the 200-foot Riverfront Area and therefore must meet the Riverfront Area regulations set forth in 310 CMR 10.58. 4.1.1 Riverfront Area Calculations Review of the existing and proposed conditions at the site results in the following Riverfront Area calculations: • The 200-foot Riverfront Area covers the entire site which totals 10,800 square feet. • The existing developed/degraded Riverfront Area consisting of the house, driveway, shed and previously existing deck is approximately 1,544 square feet or 14.3% of the Riverfront Area. • The proposed deck reconstruction project results in an increase of 112 square feet of degraded Riverfront Area onsite as the 14-foot by 20-foot deck is being expanded from the original 12-foot by 14-foot deck. 4.1.2 Riverfront Area Analysis The applicant is proposing to reconstruct a previously existing deck to the rear of the single- filmy home. Since the property is previously developed and degraded areas exist within the Riverfront Area, this proposed project constitutes a redevelopment project; more specifically, Redevelopment Within Previously Developed Riverfront Area (310 CMR 10.58(5)). A previously developed Riverfront Area is defined as an area degraded prior to August 7, 1996 by impervious surfaces from existing structures or pavement, absence of topsoil, junkyards, or abandoned dumping grounds. This site meets those criteria. In order for the project to comply with the Riverfront Redevelopment standards, the following components are required: a. The proposed work shall result in an improvement over existing conditions of the capacity of the riverfront area to protect the interests identified in the Massachusetts Wetlands Protection Act. The proposed project improves the condition of the Riverfront Area by replacing an old, partially dilapidated deck with a new deck that will remain stable for years to come. The new deck will be constructed within the same general footprint as the old deck and only slightly expanded into an area that currently exists as maintained lawn. b. Stormwater management is provided according to standards established by the Department. Single family homes are exempt from the Stormwater Management Guidelines. c. Within 200-foot Riverfront areas, proposed work shall not be closer to the river than existing conditions or 100 feet, whichever is less, or not closer than existing conditions within 25-foot riverfront areas, except in accordance with 310 CMR 10.58(5)(f) or (g). The proposed deck is proposed within the same general footprint of the previously existing deck and will be no closer to the river than the previous deck or the existing home. d. Proposed work, including expansion of existing structures, shall be located outside the riverfront area or toward the riverfront boundary and away from the river. Notice of Intent 31 Paine Avenue, Hyannis As notes, the proposed deck is located within the same general footprint of the previously existing deck. e. The area of proposed work shall not exceed the amount of degraded area, provided that the proposed work may alter up to 10% if the degraded area is less than 10% of the riverfront area, except in accordance with 310 CMR 10.58(5)(f) or (g). The proposed project includes a slight increase of the previously existing deck that totals an increase of 112 square feet in degraded Riverfront Area on the site. Therefore, mitigation is being proposed to account for this increase. f. When an applicant proposes restoration on-site of degraded riverfront area, alteration may be allowed notwithstanding the criteria of 310 CMR 10.58(5)(c), (d), and (e) at a ratio in square feet of at least 1:1 of restored area to area of alteration not conforming to the criteria. Areas immediately along the river shall be selected for restoration. Alteration not conforming to the criteria shall begin at the riverfront area boundary. Restoration shall include: 1. removal of all debris, but retaining any trees or other mature vegetation; 2. grading to a topography which reduces runoff and increases infiltration; 3. coverage by topsoil at a depth consistent with natural conditions at the site; and 4. seeding and planting with an erosion control seed mixture, followed by plantings of herbaceous and woody species appropriate to the site The proposed project does not include any restoration. g. When an applicant proposes mitigation either on-site or in the riverfront area within the same general area of the river basin, alteration may be allowed notwithstanding the criteria of 310 CMR 10.58(5)(c), (d), or (e) at a ratio in square feet of at least 2:1 of mitigation area to area of alteration not conforming to the criteria or an equivalent level of environmental protection where square footage is not a relevant measure. Alteration not conforming to the criteria shall begin at the riverfront area boundary. Mitigation may include off-site restoration of riverfront areas, conservation restrictions under M.G.L. c. 184, §§ 31 through 33 to preserve undisturbed riverfront areas that could be otherwise altered under 310 CMR 10.00, the purchase of development rights within the riverfront area, the restoration of bordering vegetated wetland, projects to remedy an existing adverse impact on the interests identified in M.G.L. c. 131, § 40 for which the applicant is not legally responsible, or similar activities undertaken voluntarily by the applicant which will support a determination by the issuing authority of no significant adverse impact. Preference shall be given to potential mitigation projects, if any, identified in a River Basin Plan approved by the Secretary of the Executive Office of Energy and Environmental Affairs. The proposed project includes a total of 448 square feet of mitigation. As compared to the increase in degraded area (112 square feet), the mitigation has been designed at a 4:1 ratio, more than required by the Riverfront redevelopment standards. h. The issuing authority shall include a continuing condition in the Certificate of Compliance for projects under 310 CMR 10.58(5)(f) or (g) prohibiting further alteration within the restoration or mitigation area, except as may be required to maintain the area in its restored or mitigated condition. Prior to requesting the issuance of the Certificate of Notice of Intent 31 Paine Avenue, Hyannis Compliance, the applicant shall demonstrate the restoration or mitigation has been successfully completed for at least two growing seasons. The applicant shall abide by this requirement. 4.2 Chapter 704: Regulation Governing Activity in the 100-ft. Buffer Zone As stated above, the proposed deck reconstruction is located within the 100-foot buffer zone to a BVW and Coastal Bank. Barnstable’s Chapter 704 governs activities located within the 100- foot buffer zone. In accordance with 704-4 A. thru C., the proposed project may be permitted at the Commission’s discretion with an approved waiver request and the required mitigation. A waiver request has been prepared and submitted as part of this NOI package (see Waiver Request attached). A mitigation plan has also been prepared at a 4:1 ratio as compared to the increase in deck within the 50-foot buffer zone (see Mitigation Plan attached). For reference the regulation has been copied below: 704-4 REQUIRED WAIVER OF PERFORMANCE STANDARDS FOR PROJECTS PROPOSED IN THE 50 FT. BUFFER A. 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 find 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 considered only under exceptional, limited circumstances. In the absence of a waiver, hardscape or landscape alteration proposed within the 50 ft. buffer shall not be undertaken. B. CALCULATION OF MITIGATION UNDER A WAIVER (1) The minimum amount of mitigation planting required for a waiver of Performance Standards (Section 704-3) shall be determined using the following formula: a. Calculate area of disturbance from proposed hardscape and landscape alterations within the 50 ft. buffer zone; and b. Multiply the area found in Section 704-4(B)(1)a by 4 to obtain the area of required mitigation at a 4:1 planting to disturbance ratio. C. ON-SITE MITIGATION UNDER A WAIVER (1) When the required mitigation is to be provided on site, mitigation planting location(s) shall clearly be shown on the site plan. The plan shall also provide area calculations for the amount of 50 ft buffer zone altered, the amount of mitigation planting herein required, and the amount of mitigation planting proposed. Notice of Intent 31 Paine Avenue, Hyannis 5. Conclusion As a result of the information documented above, it is ECR's professional opinion that the proposed project complies with the Massachusetts WPA and the Town of Barnstable General Ordinance. Furthermore, the proposed project does not adversely impact any wetland resource areas on or near the site and maintains the historical use of the property. In conclusion, based on the information detailed in this NOI, it is ECR’s professional opinion that the applicant is entitled to an Order of Conditions.