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HomeMy WebLinkAboutRevised_Compiled_RDA_20240222 Prepared by: 349 Route 28, Unit D W. Yarmouth, Massachusetts 02673 30 Sawmill Rd, Marstons Mills, MA Request for Determination of Applicability Stairway and Wooden Retaining Wall Restoration Town of Barnstable Conservation Commission February 2024 Prepared for: Mystic Lake Hills Civic Association P.O. Box 103 Marstons Mills, MA 02648 C/O Jay McDonald, President MLHCA BSC Job #50841.01 Engineers Environmental Scientists Software Developers Landscape Architects Planners Surveyors 349 Main Street, Route 28, Unit D / West Yarmouth, MA 02673 / 508-778-8919 www.bscgroup.com February 22, 2024 Town of Barnstable Conservation Commission 367 Main Street, Hyannis MA. 02601 Attn: Darcy Karle, Conservation Administrator RE: Request for Determination of Applicability, Stairway and Wooden Retaining Wall Restoration, #30 Sawmill Rd, Marstons Mills, MA, BSC Job #50841.01 Dear Ms. Karle and Members of the Conservation Commission: BSC Group, Inc. (BSC) is pleased to submit this Request for Determination of Applicability (RDA) Application on behalf of Mystic Lake Hills Civic Association (MLHCA) c/o Jay McDonald (the Applicant), for the property located at 30 Sawmill Road in Marstons Mills (the Site). The proposed project entails the work to bury a portion of the existing wooden retaining wall with soil for stabilization and the repair of the RR tie steps inlaid in the retaining wall, to be following by planting the slope with native grasses and shrubs. Enclosed please find the following materials: 1. WPA Form 1 - Request for Determination of Applicability 2. Project Narrative 3. Locus Map 4. NHESP Map 5. FEMA Firmette 6. Site Photos 7. Abutter Information 8. Project Plan If you have any questions or require additional information, please contact our office at (508) 778 - 8919. Truly yours, BSC GROUP, INC. Hannah Raddatz Wetland Scientist BSC Group Inc.- West Yarmouth, MA CC: Mystic Lake Hills Civic Association, P.O. Box 103, Marstons Mills, MA 02648, C/O Jay McDonald, President MLHCA Massachusetts Department of Environmental Protection - Southeast Region - 20 Riverside Dr, Lakeville, MA 02347 Direction to the Site at 30 Sawmill Road, Marstons Mills, MA from Barnstable Town Hall wpaform1.doc Page 1 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Barnstable City/Town A. General Information Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. 1. Applicant: Mystic Lake Hills Civic Association (MLHCA) Name sheehyjts@gmail.com E-Mail Address P.O. Box 103 Mailing Address Marstons Mills (Barnstable) City/Town MA State 02648 Zip Code 781-738-7339 Phone Number Fax Number (if applicable) 2. Representative (if any): BSC Group, Inc. Firm Hannah Raddatz Contact Name hraddatz@bscgroup.com E-Mail Address 349 Route 28, Unit D Mailing Address West Yarmouth City/Town MA State 02673 Zip Code 508-778-8919 Phone Number Fax Number (if applicable) B. Determinations 1. I request the Barnstable Conservation Commission make the following determination(s). Check any that apply: a. whether the area depicted on plan(s) and/or map(s) referenced below is an area subject to jurisdiction of the Wetlands Protection Act. b. whether the boundaries of resource area(s) depicted on plan(s) and/or map(s) referenced below are accurately delineated. c. whether the work depicted on plan(s) referenced below is subject to the Wetlands Protection Act. d. whether the area and/or work depicted on plan(s) referenced below is subject to the jurisdiction of any municipal wetlands ordinance or bylaw of: Barnstable Name of Municipality e. whether the following scope of alternatives is adequate for work in the Riverfront Area as depicted on referenced plan(s). wpaform1.doc Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Barnstable City/Town C. Project Description 1. a. Project Location (use maps and plans to identify the location of the area subject to this request): 30 Sawmill Road Street Address Marstons Mills (Barnstable) City/Town 63 Assessors Map/Plat Number 62 Parcel/Lot Number b. Area Description (use additional paper, if necessary): The area where work is proposed is a undeveloped lot with an exisiting path that provides access to a private lakefront/beach. The beach area contains an exisiting wooden retaining wall with walkover stairs, kayak rack, landscaping, and a sand beach. The surrounding properties contain single family dwellings and forested land. Mystic Lake, a Great Pond, borders the eastern property boundary. c. Plan and/or Map Reference(s): Locus Map Title 10/12/2023 Date NHESP Map Title 10/12/2023 Date Concept Plan Title 1/17/2023 Date 2. a. Work Description (use additional paper and/or provide plan(s) of work, if necessary): The proposed project entails the work to bury the existing wooden retaining wall with soil as a stabilization measure for the wall which is currently in disrepair. The soil used to top the retaining wall and a portion of the sand beach will have jute fabric covering installed following final grading and will be planted with native grasses using a seed mix and shrubs (see narrative and concept plan for planting details). The in-kind repair of the RR tie steps inlaid in the retaining wall is also proposed. The wall will be buried in 25 cubic yards (cy) of soil from above the retaining wall and onto the sand beach (inland beach, 15 cy of nourishment previously approved). The soils will be graded around the inlaid steps. Sediment and erosion controls will be employed around the wall and areas that will have soil and plantings installed. Sediment controls will also be employed on the 7' wide access path which leads to the beach from the roadway. In addition, ground protection track pads may be used to prevent rutting on the access path. All disturbed areas will be return to their original grade and stabilized following work activities. wpaform1.doc Page 3 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Barnstable City/Town C. Project Description (cont.) b. Identify provisions of the Wetlands Protection Act or regulations which may exem pt the applicant from having to file a Notice of Intent for all or part of the described work (use additional paper, if necessary). The proposed project is considered a minor activity within Buffer Zone under 310 CMR 10.02 2(b)(1)(2)(d) and (f). Work associated with the burying the wooden retaining wall and repairing the inlaid stairway will be limited to the existing footprint of these structures and areas where sand nourishment has been previously approved, resulting in only a temporary disturbance to the immediate area, which will be limited to the greatest extent practicable. The proposed work will result in a betterment to the existing buffer zone to Inland Bank through the introduction of native herbaceous and shrub species, increased stabilization of slopes, and stormwater filtration on the slopes above Mystic Lake. 3. a. If this application is a Request for Determination of Scope of Alternatives for work in the Riverfront Area, indicate the one classification below that best describes the project. Single family house on a lot recorded on or before 8/1/96 Single family house on a lot recorded after 8/1/96 Expansion of an existing structure on a lot recorded after 8/1/96 Project, other than a single family house or public project, where the applicant owned the lot before 8/7/96 New agriculture or aquaculture project Public project where funds were appropriated prior to 8/7/96 Project on a lot shown on an approved, definitive subdivision plan where there is a recorded deed restriction limiting total alteration of the Riverfront Area for the entire subdivision Residential subdivision; institutional, industrial, or commercial project Municipal project District, county, state, or federal government project Project required to evaluate off-site alternatives in more than one municipality in an Environmental Impact Report under MEPA or in an alternatives analysis pursuant to an application for a 404 permit from the U.S. Army Corps of Engineers or 401 Water Quality Certification from the Department of Environmental Protection. b. Provide evidence (e.g., record of date subdivision lot was recorded) supporting the classification above (use additional paper and/or attach appropriate documents, if necessary.) Request for Determination of Applicability 30 Sawmill Road Marstons Mills, MA PROJECT DESCRIPTION 1.0 INTRODUCTION The proposed project is located at 30 Sawmill Road (the Site) in Marstons Mills, MA and involves the stabilization of an existing wooden retaining wall, RR tie in-laid steps, and landscaping on the slopes above the existing retaining wall. This application is submitted in accordance with the Massachusetts Wetlands Protection Act and the Town of Barnstable Wetlands Protection By-law. 2.0 SITE DESCRIPTION The project site consists of an undeveloped parcel adjacent to single-family residential properties. Mystic Lake, a Great Pond, is located along the eastern property boundary. The wetland resource areas and areas of conservation jurisdiction on the Site that are protected under the Wetlands Protection Act and the Town of Barnstable's Wetland Protection Bylaw include the following: • Land Under Water (Associated with Mystic Lake) • Natural Heritage and Endangered Species Program Priority Habitat (NHESP PH) • Bank (to Mystic Lake) • 100-foot Buffer Zone to Inland Bank 3.0 PROPOSED ACTIVITIES The purpose of this application is to authorize burying an existing wooden retaining wall and the in-kind repair of section of inlaid RR tie steps within the existing retaining wall. The inlaid steps on the northern end of the retaining wall will be built into the wooden retaining wall, as they have become degraded, and the soil fill will be placed around the RR tie steps. The proposed repairs will be contained to the footprint of the retaining wall and in-laid steps. The extent of the retaining wall, aside from the inlaid walkover steps and walkover stairway, will be covered in roughly 25 cubic yards (cy) of soil to cover the retaining wall for the purpose of stabilization. Work will be conducted by hand and using small machinery, such as a skid steer or bobcat, which can carry 3/4 of a yard of loam per trip (roughly 33 trips to bring in the proposed soil). Sediment controls consisting of staked straw wattles and or silt fence will be installed along the limit of work, wrapping around the slope to the north and south. Similar sediment controls will be installed along the 7' wide access path in steeper sections to slow stormwater and reduce erosion. Original grades of the surrounding area will be restored or improved upon to create a stable slope over the top of the retaining wall. The soil will be graded gradually from the top of the retaining wall and onto the adjacent sand beach at a 2:1 slope, leaving space for the inlaid RR tie steps. Stabilization measures will occur immediately following the completion of project activities, which will consist of placing jute mesh over the entire slope where soils have been placed, planting native shrubs and spreading a native grass seed mix for dry sites over the slope. The proposed project can be considered a minor activity within Buffer Zone under 310 CMR 10.02 2(b)(1)(2)(d) and (f), which allows various activities such as the planting of native species Request for Determination of Applicability 30 Sawmill Road Marstons Mills, MA and the conversion of impervious surfaces to vegetated surfaces, provided that erosion and sedimentation controls are implemented during construction. Although the proposed project involves the placement of soil and grading over areas that are not currently impervious (aside from the retaining wall), the existing conditions of the slope surrounding the retaining wall is sparsely vegetated and will be improved by the addition of native grasses and shrubs. The addition of soil which will be graded at a gradual slope onto the sand beach will not result in a drastic alteration in the characteristics of the 100-foot Buffer Zone to Inland Bank and will not reduce the capacity of this area to protect the interests and natural functions of Mystic Lake, the NHESP PH contained within, or the surrounding Bank. Further, as required under Chapter 704 of the Wetlands Protection Ordinance of the Code of the Town of Barnstable which includes regulations governing activity in the 100-foot Buffer Zone, the proposed project has been designed to meet the criteria set out for the long-term integrity of areas under its jurisdiction, which include the following objectives; prevention of pollution, protection of wildlife habitat, cumulative effect of activities within buffer zone, and storm damage and flood control. Covering the existing wooden retaining wall, which is in disrepair, with clean soils matching the surrounding conditions, will constitute a smaller impact to the Buffer Zone to Inland Bank when compared to the earth disturbance that would result from the excavation and replacement of the retaining wall. Additionally, the creation of a naturally vegetated slope with a wide variety of drought and sandy soil tolerant grass species, as well as shrubs, will restore a potion of the inner Buffer Zone to Inland Bank through the improvement of wildlife habitat and increased stormwater filtration when compared to the current condition of the retaining wall and surrounding areas. 4.0 MITIGATION Sediment and erosion controls consisting of staked straw wattles and/or haybales will be installed prior to the commencement of construction activities at the limit of work. Work will not commence and/or proceed until Barnstable Conservation Department issues approval of the erosion controls. Additional sediment controls will be available on site in case addition sediment controls are needed across the work site. A roll-off container will be located in upland areas and all debris from the Site will be removed in a timely manner. Any debris that get outside of the work area will be removed by hand as soon as possible. Access to the Site will be obtained via the existing access path to the southwest of the Site. Additional sediment controls will be on hand if erosion is noted along the existing access path during construction activities, this will include ground protection mats (roughly 2' x 4' or a similar size capable of fitting and supporting small machinery). The access path is currently roughly 7 feet wide and can accommodate a skid steer, bobcat, or similar equipment, therefore no shrub/sapling trimming along the edge of the existing access path will be required. Additionally, no tree clearing or earth disturbance to widen the access path is proposed. Any ruts created on the access path will be filled and stabilized following the completion of work. Following construction, areas that have been covered in soil or were disturbed during work activities will have the New England Wetland Plants, Inc "New England Erosion Control/Restoration Mix for Dry Sites" spread over, which includes the following grass species: Request for Determination of Applicability 30 Sawmill Road Marstons Mills, MA Proposed shrubs will include the following: Scientific Name Common Name Mature Size Plant Size Planting Distance # of Plantings Clethra alnifolia sweetpepper bush 6' x 6' 1-2 Gallon 4' OC 4 Comptonia peregrina sweet fern 2’ x 3’ 1-2 Gallon 3’ OC 6 Vaccinium angustifolium lowbush blueberry 2-3' X 2’ 1 Gallon 3’ OC 6 The combination of shrubs and the aforementioned seed mix should provide optimal stabilization over the course of the following growing season, while also providing an improvement to the habitat for the areas surrounding the retaining wall. These native grasses will spread quickly and establish a dense root mat, while also introducing a wider variety of species and improve upland stormwater filtration. Copyright:© 2013 National Geographic Society, i-cubed 70°24'0"W 70°24'0"W 70°25'0"W 70°25'0"W 70°26'0"W 70°26'0"W 41°41'0"N41°41'0"N41°40'0"N41°40'0"NDocument Path: P:\5083800\Environmental\GIS\Output\Maps\MXD\ReportMaps\Locus_Map.mxdDate Saved: 10/12/2023 3:55:59 PM THIS DOCUMENT IS INTENDED FOR GENERAL PLANNING & INFORMATION PURPOSES ONLY. ALL MEASUREMENTS & LOCATIONS ARE APPROXIMATE Scale:Source: 2013National GeographicSociety, i-cubed30 SAWMILL RD, MARSTONS MILLS, MA Locus Map(Page size: 8.5 X 11) 1 inch = 2,500 feet 0 1,300 2,600 Feet H 1:30,000 ,SITELOCUS BARNSTA BLE Document Path: P:\5083800\Environmental\GIS\Output\Maps\MXD\ReportMaps\NHESP_Map.mxdDate Saved: 10/12/2023 4:03:34 PM THIS DOCUMENT IS INTENDED FOR GENERAL PLANNING & INFORMATION PURPOSES ONLY. ALL MEASUREMENTS & LOCATIONS ARE APPROXIMATE Scale:Source: 2013National GeographicSociety, i-cubed30 SAWMILL RD, MARSTONS MILLS, MA NHE SP Ma p (Page size: 8.5 X 11) 1 inch = 250 feet 0 130 260 Feet H 1:3,000 , PROJECTAREA Sources: Esri, HERE, Garmin,Intermap, increment P Corp.,GEBCO, USGS, FAO, NPS,NRCAN, GeoBase, IGN, Legend Town Boun dary kj Ce rtified Ver nal Pools kj Pot ential Vern al Pools NHESP Prior ity Habitats NHESP Estimat ed Habitats Areas of Critical Environmental Concern National Flood Hazard Layer FIRMette 0 500 1,000 1,500 2,000250 Feet Ü SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT SPECIAL FLOOD HAZARD AREAS Without Base Flood Elevation (BFE) Zone A, V, A99 With BFE or DepthZone AE, AO, AH, VE, AR Regulatory Floodway 0.2% Annual Chance Flood Hazard, Areas of 1% annual chance flood with average depth less than one foot or with drainage areas of less than one square mileZone X Future Conditions 1% Annual Chance Flood HazardZone X Area with Reduced Flood Risk due to Levee. See Notes.Zone X Area with Flood Risk due to LeveeZone D NO SCREEN Area of Minimal Flood Hazard Zone X Area of Undetermined Flood HazardZone D Channel, Culvert, or Storm Sewer Levee, Dike, or Floodwall Cross Sections with 1% Annual Chance 17.5 Water Surface Elevation Coastal Transect Coastal Transect Baseline Profile Baseline Hydrographic Feature Base Flood Elevation Line (BFE) Effective LOMRs Limit of Study Jurisdiction Boundary Digital Data Available No Digital Data Available Unmapped This map complies with FEMA's standards for the use of digital flood maps if it is not void as described below. The basemap shown complies with FEMA's basemap accuracy standards The flood hazard information is derived directly from the authoritative NFHL web services provided by FEMA. This map was exported on 1/22/2024 at 4:20 PM and does not reflect changes or amendments subsequent to this date and time. The NFHL and effective information may change or become superseded by new data over time. This map image is void if the one or more of the following map elements do not appear: basemap imagery, flood zone labels, legend, scale bar, map creation date, community identifiers, FIRM panel number, and FIRM effective date. Map images for unmapped and unmodernized areas cannot be used for regulatory purposes. Legend OTHER AREAS OF FLOOD HAZARD OTHER AREAS GENERAL STRUCTURES OTHER FEATURES MAP PANELS 8 B 20.2 The pin displayed on the map is an approximate point selected by the user and does not represent an authoritative property location. 1:6,000 70°27'13"W 41°37'48"N 70°26'35"W 41°37'21"N Basemap Imagery Source: USGS National Map 2023 Photo 1: View of northern end of wooden retaining wall and beach. Replacement walkover stairs (inlaid into retaining wall) are proposed in this area. Looking south. Photo 2: View of northern end of wooden retaining wall and existing walkover area. Replacement walkover stairs are proposed in this area, along with covering the retaining wall with soil, to be planted with native grasses and shrubs following construction. Looking northwest. Site Photographs 30 Sawmill Road Marstons Mills, MA Page 1 Photo 3:View of southern end of wooden retaining wall and existing walkover stairs. Retaining wall will be covered with soil, to be planted with native grasses and shrubs following construction. Soils will be graded at a 2:1 slope onto the existing sand beach. Looking northwest. Photo 4: View of southern end of wooden retaining wall and existing walkover stairway. Retaining wall will be covered with soil, to be planted with native grasses and shrubs following construction. Soils will be graded at a 2:1 slope onto the existing beach. Looking northwest. Site Photographs October 2023 30 Sawmill Road Marstons Mills, MA Page 2 REQUEST FOR DETERMINATION OF APPLICABILITY ABUTTER NOTIFICATION LETTER DATE: RE: Upcoming Barnstable Conservation Commission Public Hearing To Whom It May Concern, As an immediate abutter of a proposed project, please be advised that a Request for Determination application has been filed with the Barnstable Conservation Commission. APPLICANT: PROJECT ADDRESS OR LOCATION: ASSESSOR’S MAP & PARCEL: MAP PARCEL PROJECT DESCRIPTION: ________________________________________________________ APPLICANT’S AGENT: PUBLIC HEARING: WILL BE HELD REMOTELY VIA ZOOM See agenda posting on Town Clerks website available at least 48 hours in advance of the meeting for details. DATE: / / TIME: P.M. NOTE: Plans and applications describing the proposed activity are on file with the Conservation Commission at https://itlaserfiche.town.barnstable.ma.us/WebLink/Browse.aspx?id=825530&dbid=0&repo=TownOfBarns table, by email to Kimberly.Cavanaugh@town.barnstable.ma.us or by calling (508-862-4093) 1,260.00 Conservation Request for Determination (RDA) Abutter Map for Subject Parcel This map is for illustration purposes only. It is not adequate for legal boundary determination or regulatory interpretation. This map does not represent an on-the-ground survey. It may be generalized, may not reflect current conditions, and may contain cartographic errors or omissions. Legend Property owners actually touching on the subject parcel upon which work is proposed. Parcel lines shown on this map are only graphic representations of Assessor’s tax parcels. They are not true property boundaries and do not represent accurate relationships to physical objects on the map such as building locations. 53 Town of Barnstable GIS Unit 105 1/17/2024 gis@town.barnstable.ma.us Printed on: 0 ft.105 Subject Parcel Abutters ft. 1 inch = approx. Parcels Town Boundary Railroad Tracks Buildings Approx. Building Buildings Painted Lines Parking Lots Paved Unpaved Driveways Paved Unpaved Roads Paved Road Unpaved Road Bridge Paved Median Streams Marsh Water Bodies Conservation Request for Determination (RDA) Abutter List for Subject Parcel Property owners actually touching on the subject parcel upon which work is proposed. Parcel ID Owner 1 Owner 2 Address Line 1 Address Line 2 City State Zip 063061 MCGUIRE, JAMES P & DONNA 12 SAWMILL ROAD MARSTONS MILLS 02648MA 063062 MYSTIC, LAKE H C A P O BOX 103 MARSTONS MILLS 02648MA 063063 VESPERS, TOM 48 SAWMILL ROAD MARSTONS MILLS 02648MA 1/17/2024 10:33 AMReport Generated On:Page 1 of 1 3Total Number of Abutters: This list by itself does NOT constitute a "Certified List of Abutters" and is provided only as an aid to the determination of abutters. If a Certified Abutter List is required, you must contact the Assessing Division to have this list certified.