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Home My WebLink AboutNOIShorefront Consulting Professional Services on Land or At Sea 290 Center St.,Dennis Port,MA 02639 www.shorefrontconsulting.com 508-280-8046 shorefrontconsulting@gmail.com Yarmouth Conservation Commission October 21,2021 Attn:Kelly Grant 1146 Route 28 South Yarmouth,MA 02664-4492 By hand delivery Re:Notice of Intent Application Filing Package; Proposed Elevated Walkway,Landing,and Invasive Species Removal in Dinah’s Pond Jeffrey and Beth Fanara 116 Mayflower Terrace South Yarmouth,MA 02664 Map 119,Parcel 58 On behalf of my clients,Jeffrey and Beth Fanara,I am submitting (1)full size (24x 36”)original plus 7 copies of a Notice of Intent Application Filing Package,and three original checks for municipal filing for the above referenced project.Electronic copies of all documents will be emailed to the conservation office.The following items are enclosed: Notice of Intent Application and NOI Fee Transmittal Form Performance Standards Narrative,Alternatives Analysis,and Construction Protocol Photographs of the site Report for the Shellfish survey conducted by John Lowell on June 5,2021 Yarmouth USGS Map,Assessor Map 119,and Flood Map,identifying locus Copy of Check #307 for $166.50 made payable to the Commonwealth of Mass.for state share of DEP fee,(original sent directly to lockbox) Check #308 for $191.50 made payable to the Town of Yarmouth for town share of DEP fee Check #309 for $224 made payable to the Town of Yarmouth for the town By-Law fee ($100 for Category 1,plus $2/lin.ft.for 62ft.;Category 5,dock) Check #310 for $10.00 check made payable to the Town of Yarmouth for advertising fee Affidavit of Service,Abutter Notification Letter,Abutter List Variance Request for relief from the 75-foot setback requirement Plan entitled “Plan Showing Proposed Elevated Walkway and Fixed Landing”,by Shorefront Consulting,dated 8/24/21,revision 1 (from waterways hearing)dated 9/17/21. Please schedule this filing for your November 4,2021 public hearing.I will be on vacation and will attend thehearingremotely.I also have 2 projects to present in Dennis the same night,and will ask Dennis if I can be putfurtheralongontheagenda.If there are any questions or concerns regarding this filing,please contact me assoonaspossible. Sincerely, Mark Burgess Shorefront Consulting Enclosures:As Stated cc:Mass.DEP/SERO —Wetlands (by EDEP) Mass.Division of Marine Fisheries (by email) Jeffrey and Beth Fanara (Applicants) Massachusetts Department of Environmental Provided by MassDEP:Protection MassDEP File #:Bureau of Resource Protection -Wetlands or ansacton 1316312WPAForm3-Notice of Intent sibMassachusettsWetlandsProtectionActM.G.L.c.131,§40 A.General Information 1.Project Location: a.Street Address 116 MAYFLOWER TERRACEb.City/Town YARMOUTH c.Zip Code 02660d.Latitude 41.69716N e.Longitude 70.17520Wf.Map/Plat #119 g.Parcel/Lot #58 2.Applicant; W Individual I Organization a.First Name JEFFREY B.AND BETH A.b.LastName FANARA,TRS¢.Organization d.Mailing Address P.O.BOX 775 e.City/Town DENNIS f.State MA g-ZipCode 02638h.Phone Number 508-247-7838 i.Fax j-Email j-fanara@comcast.net 3.Property Owner: I”more than one owner a.First Name JEFFREY B.AND BETH A.b.LastName FANARA,TRS¢.Organization d.Mailing Address P.O.BOX 775 e.City/Town DENNIS f.State MA g ZipCode 02638h.Phone Number 508-247-7838 i.Fax j-Email j-fanara@comcast.net4Representative: a.First Name MARK b.LastName BURGESS ¢.Organization SHOREFRONT CONSULTING d.Mailing Address 290 CENTER STREET e.City/Town DENNIS PORT f.State MA g.Zip Code 02639h.Phone Number 508-280-8046 i.Fax j-Email shorefrontconsulting@gmail.com 5.Total WPA Fee Paid (Automatically inserted from NOI Wetland Fee Transmittal Form): a.Total Fee Paid 358.00 b.State Fee Paid 166.50 c.City/Town Fee Paid 191.50 6.General Project Description: PROPOSED ELEVATED WALKWAY WITH FIXED LANDING 7a.Project Type: 1."Single Family Home 2.TI"Residential Subdivision3."Limited Project Driveway Crossing 4.I”Commercial/Industrial5.Dock/Pier 6.I"Utilities7.7"Coastal Engineering Structure 8.I"Agriculture (eg,cranberries,forestry)9."Transportation 10.1 Other 7b.Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 (coastal)or 310CMR10.53 (inland)? Page 1 of 7 *ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #: Bureau of Resource Protection -Wetlands eDEP Transaction #:1316312 § City/Town:YARMOUTH WPA Form 3 -Notice of Intent 5 Massachusetts Wetlands Protection Act M.G.L.c.131,§40 1.TI Yes ¥No Ifyes,describe which limited project applies to this project: 2.Limited Project 8.Property recorded at the Registry of Deeds for: a.County:b.Certificate:c.Book:d.Page: BARNSTABLE 31511 313 B.Buffer Zone &Resource Area Impacts (temporary &permanent) 1 Buffer Zone &Resource Area Impacts (temporary &permanent): I This is a Buffer Zone only project -Check ifthe project is located only in the Buffer Zone ofa 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) Resource Area Size of Proposed Alteration Proposed Replacement (if any) a.l”Bank 1.linear feet 2.linear feet b.I”Bordering Vegetated Wetland 1.square feet 2.square feet ¢.I”Land under Waterbodies and Waterways 1.Square feet 2.square feet 3.cubic yards dredged dT”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 fT Riverfront Area 1.Name of Waterway (if any) 2.Width of Riverfront Area (check one)I~25 ft.-Designated Densely Developed Areas only I~100 ft.-New agricultural projects only I~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?I”Yes"No Page 2 of 7 *ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #: Bureau of Resource Protection -Wetlands eDEP Transaction #:1316312 City/Town:YARMOUTHWPAForm3-Notice of Intent Massachusetts Wetlands Protection Act M.G.L.c.131,§40 6.Was the lot where the activity is proposed created prior to August 1,1996?I”YesI™No 3.Coastal Resource Areas:(See 310 CMR 10.25 -10.35) Resource Area Size of Proposed Alteration Proposed Replacement (if any) a.l”Designated Port Areas Indicate size under Land under the ocean below, b.I"Land Under the Ocean 1.square feet 2.cubic yards dredged c.I”Barrier Beaches Indicate size under Coastal Beaches and/or Coatstal Dunes,below d.I”Coastal Beaches 1.square feet 2.cubic yards beach nourishment e.I”Coastal Dunes 1.square feet 2.cubic yards dune nourishment LT Coastal Banks 1.linear feet 2!”Rocky Intertidal Shores 1.square feet h.W Salt Marshes 43 1.square feet 2.sq ft restoration,rehab,crea.i ¥Land Under Salt Ponds 120 1.square feet 2.cubic yards dredged j-W Land Containing Shellfish~~120 1.square feet k.I™Fish Runs Indicate size under Coastal Banks,Inland Bank,Land Under the Ocean,and/or inland LandUnderWaterbodiesandWaterways,above 1.cubic yards dredged LW Land Subject to Coastal~~313 Storm Flowage 1.square feet 4 Restoration/Enhancement I”Restoration/Replacement If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has beenenteredinSectionB.2.b or B.3.h above,please entered the additional amount here. a.square feet of BVW b.square feet of Salt Marsh 5.Projects Involves Stream Crossings I”Project Involves Streams Crossings If the project involves Stream Crossings,please enter the number of new stream crossings/number of replacement stream crossings. Page 3 of 7 *ELECTRONIC COPY "Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #: Bureau of Resource Protection -Wetlands eDEP Transaction #:1316312 .City/Town:YARMOUTHWPAForm3-Notice of Intent Ron Massachusetts Wetlands Protection Act M.G.L.c.131,§40 a.number of new stream crossings b.number of replacement stream crossings C.Other Applicable Standards and Requirements 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 of Endangered Species program (NHESP)? a.I”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 b.Date of map:FROM MAP VIEWER If yes,the project is also subject to Massachusetts Endangered Species Act (MESA)review (321 CMR 10.18)... c.Submit Supplemental Information for Endangered Species Review *(Check boxes as they apply) 1.7 Percentage/acreage of property to be altered: (a)within Wetland Resource Area percentage/acreage (b)outside Resource Area percentage/acreage 2.1"Assessor's Map or right-of-way plan of site 3."Project plans for entire project site,including wetland resource arcas and areas outside of wetland 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.I™Photographs representative of the site cs r MESA filing fee (fee information available at:itp://www.mass.gov/eea/agencies/dfo/dfw/natural-heritage/regulatory- Make check payable to "Natural Merits &Endangered Species Fund"and mail to NHESP at above address Projects altering 10 or more acres of land,also submit: d.T™Vegetation cover type mapof site e.I”Project plans showing Priority &Estimated Habitat boundaries d.OR Check One ofthe following 1.1 Project is exempt from MESA review.Attach applicant letter indicating which MESA exemption applies.(See 321 CMR 10.14,http://www.mass.gov/eea/agencies/dfg/dfw/law:s-regulations/cmr/321-cmr-1000-massachusetts-endangered- species-act.html#10.14;the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR 10.37 and 10.59.) 2.1"Separate MESA review ongoing. a.NHESP Tracking Number b.Date submitted to NHESP 3.I"Separate MESA review completed. Page 4 of 7 *ELECTRONIC COPY "Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #:Bureau of Resource Protection -Wetlands eDEP Transaction #:1316312 City/Town:YARMOUTHWPAForm3-Notice of Intent Massachusetts Wetlands Protection Act M.G.L.c.131,§40 Include copy of NHESP "no Take"determination or valid Conservation &Management Permit with approved plan. *Some projects not in Estimated Habitat may be located in Priority Habitat,and require NHESP review... 2.For coastal projects only,is any portion of the proposed project located below the mean high waterline or in a fish run?a.”Not applicable -project is in inland resource area only b.VM Yes I”No If yes,include proof of mailing or hand delivery of NOI to either: South Shore -Cohasset to Rhode Island,and the Cape &Islands:North Shore -Hull to New Hampshire: Division of Marine Fisheries -Division of Marine Fisheries -Southeast Marine Fisheries Station North Shore Office Attn:Environmental Reviewer Atin:Environmental Reviewer 836 S.Rodney French Blvd 30 Emerson AvenueNewBedford,MA 02744 Gloucester,MA 01930 If yes,it 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. 3.Isany portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? If yes,provide name of ACEC (see instructions to WPA Form 3 or DEP Website for ACEC locations).Note: electronic filers click on Website. allCYss MNo b.ACEC Name 4.Isany portion of the proposed project within an area designated as an Outstanding Resource Water (ORW)as designated in theMassachusettsSurfaceWaterQualityStandards,314 CMR 4.00? a.I”Yes #No 5.Isany portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Restriction Act (M.GL.c.131,§40A)or the Coastal Wetlands Restriction Act (M.G.L.c.130,§105)? a I"Yes W No 6.Is this project subject to provisions of the MassDEP Stormwater Management Standards? al”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: Applying for Low Impact Development (LID)site design credits (as described in Stormwater Management HandbookVol.2,Chapter 3) A portion of the site constitutes redevelopment Proprietary BMPs are included in the Stormwater Management System b.¥No,Explain why the project is exempt: >Single Family Home Emergency Road Repairar gs ogee ge Page 5 of 7*ELECTRONIC COPY “Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #: Bureau of Resource Protection -Wetlands DEP Transaction #:1316312 WPA Form 3 -Notice of Intent Clty Town:Y ARMOUTH Massachusetts Wetlands Protection Act M.G.L.c.131,§40 3.Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi-familyIhousingproject)with no discharge to Critical Areas. D.Additional Information 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 by regular mail delivery. USGS or other map ofthe 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.) Plans identifying the location ofproposed 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. 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. List the titles and dates for all plans and other materials submitted with this NOI.grr gy 9g - a.Plan Title:b.Plan Prepared By:c.Plan Signed/Stamped By:c.Revised Final Date:e.Scale: PLAN SHOWING PROPOSED SHOREFRONT ELEVATED WALKWAY CONSULTING AND AND FIXED EXISTING GRADE LANDING ED GLESS,P.E.EXISTING GRADE 9/17/21 1"-20 If there is more than one property owner,please attach a list of these property owners not listed on this form. Attach proof of mailing for Natural Heritage and Endangered Species Program,if needed. Attach proof of mailing for Massachusetts Division of Marine Fisheries,if needed. Attach NOI Wetland Fee Transmittal Form. Attach Stormwater Report,if needed. AeA Page 6 of 7 *ELECTRONIC COPY *Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #: Bureau of Resource Protection -Wetlands eDEP Transaction #:1316312 WPA Form 3 -Notice of Intent Ci Twn YARMOUTH Massachusetts Wetlands Protection Act M.G.L.c.13 1,§40 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 Indiantribehousingauthority,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:en R/13/2)2.Municipal Check Number R °7 Check date )0/13 /2)4.State Check Number Sa ™»0 Revco]\5.Check date Trod6.Payer name on check:First Name 7.Payer name on check:Last Name F.Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans,documents,and supporting data are trueandcompletetothebestofmyknowledge.I understand that the Conservation Commission will place notification of this Notice in a local newspaperattheexpenseoftheapplicantinaccordancewiththewetlandsregulations,310 CMR 10.05(5)(a). I further certify under penalties of perjury that all abutters were notified of this application,pursuant to the requirements of M.G L.c.131,§40.Notice must be made by Certificate of Mailing or in writing by hand delivery or certified mail (return receipt requested)to all abutters within 100 feetofthepropertylineoftheprojectlocation. 7nN wv vy ,J Funan Rh Fpnaneo [0-13-2021ISignatureofApplicant2.Date 3.Signatufy of Property Owner(if different)4.Date 1/15/275.Signatureof Reprosen]ef any)Shypg Creal Quel)L 6.Date For Conservation Commission: Two copies of the completed Notice of Intent (Form 3),including supporting plans and documents,two copies of the NOI Wetland Fee TransmittalForm,and the city/town fee payment,to the Conservation Commission by certified mail or hand delivery. For MassDEP: One copy of the completed Notice of Intent (Form 3),including supporting plans and documents,one copy of the NOI Wetland Fee Transmittal Form,and a copy of the state fee payment to the MassDEP Regional Office (see Instructions)by certified mail or hand delivery. Other: If the applicant has checked the "yes"box in Section C,Items 1-3,above,refer to that section and the Instructions for additional submittalrequirements. The original and copies must be sent simultaneously.Failure by the applicant to send copies in a timely manner may result in dismissal of theNoticeofIntent. Page 7 of 7 *ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP; Bureau of Resource Protection -Wetlands WPA Form 3 -Notice of Wetland FeeTransmittal Form MassDEP File #: eDEP Transaction #:1316312 City/Town:'YARMOUTH Massachusetts Wetlands Protection Act M.G.L.c.131,§40 A.Applicant Information 1.Applicant: a.First Name JEFFREY B.AND BETH A. c.Organization d.Mailing Address P.O.BOX 775 e.City/Town DENNIS f.State h.Phone Number 5082477838 i.Fax 2.Property Owner:(if different) a.First Name JEFFREY B.AND BETH A. ¢.Organization d.Mailing Address P.0.BOX 775 e.City/Town DENNIS f.State h.Phone Number 5082477838 i.Fax 3.Project Location: a.Street Address 116 MAYFLOWER TERRACE Are you exempted from Fee?I~ Note:Fee will be exempted if you are one of the following: ®City/Town/County/District ®Municipal Housing Authority ®Indian Tribe Housing Authority *MBTA State agencies are only exempt if the fee is less than $100 B.Fees ye ActivityActivityTypeaA.)WORK ON SINGLE FAMILY LOT;ADDITION,|POOL,ETC.; A.)WORK ON DOCKS,PIERS,REVETMENTS,62DIKES,ETC.(COASTAL OR INLAND). b.Last Name FANARA,TRS MA g Zip Code 02638 j-Email j.fanara@comcast.net b.LastName FANARA,TRS MA g.Zip Code 02638 j-Email j-fanara@comecast.net b.City/Town YARMOUTH Activity Fee RF Multiplier Sub Total 110.00 110.00 4.00 248.00 City/Town share of filling fee State share of filing fee Total Project Fee $191.50 $166.50 $358.00 Page 1 of 1 ¥*ELECTRONIC COPY Notice of Intent Jeffrey and Beth Fanara,116 Mayflower Terrace,South Yarmouth,MA Performance Standards Narrative,Alternatives Analysis,and Construction Protocol Site Description The project site is located on Dinah’s Pond,on the north side of a wide embayment north of Route 6,called Kelly’sBay.The main flow of the Bass River is towards the west side of this embayment,in a north-south direction from theRoute6bridgenorththroughanothernarrowinlettoFollin’s Pond.Dinah’s Pond is located through a small inlet off of this channel in the river.Therefore,the project site is not considered to be in the main flow of the river and notconsideredtobeintheRiverfrontArea.Bass River is a tidal river on Nantucket sound.The property is located approximately 4 miles upstream of the river outlet,and has an existing pre-1978 dwelling (1965;assessor’s records). Recently,the existing railroad bridge was removed,and the restriction opened up potentially doubling the width oftheriveratthispoint. The site has a gently sloping,grass back yard,leading down to the water.At the water’s edge is an establishedvegetatedbufferofwoodyshrubsandgrasses,then phragmites,leading to the upper high marsh.There is about 10feetofsaltmarshleadingtoasharpedge,about where MLW is.There is no coastal beach atthis location;MLW is right at the seaward edge of the marsh,so no coastal beach exists.The width of the vegetation varies a little along theshoreline.The beach bottom is fairly firm at first,with a gentle,constant slope.The water depth is insufficient to support a dock and comply with the current regulations.The bottom is fairly firm most of the way out.At 80 feet,there is only 1.9 feet of water at MLW,and 3 feet is not reached until 107 feet from MHW.There is no eelgrass presentat the site.There is an existing landing at the edge of the lawn,extending into the phragmites. Proposed Work The purpose of this project is to construct and maintain an elevated walkway with stairs leading to a fixed platform.Phragmites removal is also proposed.The existing landing will be raised up to the same height as the proposedwalkway,providing more clearance underneath.The proposed walkway is located where a previous dock was locatedinthe70’s.The walkway begins at the edge of the lawn,proceeds over the vegetation to the landward edge of themarsh,and steps down so that the bottom of the underlying stringer is 5 feet over the marsh.At the edge of the marsh (13 feet out),the walkway has steps to a fixed 10°x10°platform.The platform is supported by posts,and has fullygrateddecking.At high tide,kayaks and other watercraft can be launched directly from the landing.There are stepsoffofonesideofthelandingtohaveaccesstothewateratlowtides.The landing is permanent,allowing year round access to the water. Tidal Range Kelly’s Bay is a wide,almost circular embayment,with narrow waterways leading into and out of this area.Pastprojectsinthearea(circa 2008)yielded a tidal range of approximately 1.7 feet,where MHW was 2.1°and MLW was0.4>(NGVD 29).This translates to approximately MHW at 1.3’NAVDS88,and MLW at approximately -0.4NAVDS88.Dinah’s Pond is located right off of Kelly’s Bay,so the tidal ranges should be quite similar. Recently,the railroad bridge to the south was removed and the channel widened.This changes the tidal flow byallowingmorewatertopassthroughthisrestrictedareaoftheriver.Potentially,there is more water to be able to come in at high tide,so the MHW elevation should increase.However,the river south of this restriction is shallow.Therefore,low tide might not change that much because there may not be an increase in the amount of water that canleavetheembaymentbecauseoftheshallowbottom,and may not be affected as a result in the channel widening. To determine the new MHW and MLW elevations,a tide gauge was deployed at the adjacent site for one week in2019.The tide gauge directly measured the water elevation in NAVD88 Datum at S5-minute intervals for an entireweek.The elevations were compared to the tide charts,and corrected for the plus and minus tides.The resulting tideelevationswereMHW=1.9 (.6 feet higher),and MLW =-0.3°(.1°higher)NAVDS88.This would indicate anincreasedtidalrangefrom1.7 to 2.2 feet;an increase of .5 feet.The results indicate that the increased tidal flow ismainlyfromtheinfluxofmorewaterintothebay,but does not allow more water to leave than previously.Theincreaseintheelevationscouldbeduetoincreasedtidalflow,sea level rise,and increased outgoing restrictions duetofluctuatingdepthsandbottomtopographyinthenarrowareaoftherivertothesouth. Page 1 of 7 Notice of Intent Jeffrey and Beth Fanara,116 Mayflower Terrace,South Yarmouth,MA If there is a build up of sediments directly south of the bridge from increased outgoing flows,then low tide could rise further because the water can come in,but can’t get out.Furthermore,these conditions will likely continue to change as the river re-naturalizes to the new conditions,moving sediments north and south of the railroad/bike path bridge, etc.The tide gauge was deployed at another site on Dinah’s Pond for 2 months in 2021 to verify these conditions. Overall,the tidal elevations and range have not changed appreciably in the last 2 years. Shellfish Survey A shellfish survey was performed by John Lowell of East Dennis Oysters on June 5,2020 to indicate the species, sizes,and densities of any existing shellfish in the area.A copy of the survey report is included with this filing. Approximately 43 Quahogs were found in 51 (2°x2°)plots;a density of approximately 0.8 shellfish per plot,and 0.2 shellfish per square foot.Refer to the report for more specific information. Navigation Kelly’Bay is approximately 1,700 feet wide at the entrance to Dinah’s Pond,with a well marked channel.The river is also a “no wake”zone in this location,limiting the speed of all boats to 6 mph or less.The pier,ramp,and float arelocatedover2,000 feet west from the main channel,and access to the pond is only through a narrow inlet.There is no transiting boat traffic in the pond;only to transit to and from the Bass River.Because of the bridge restrictions ontheriver,the size of boat that can transit this far up river is limited.Dinah’s Pond is small;therefore,no impacts to navigation,either in the Pond,or in the river are anticipated with this project. Previous Structures and Permitting There was a dock at this location in the 70s.It was licensed by DEP Interim Approval License No.3934 in 1994. This license expired a year after the property was transferred to the Stack family.The dock was re-licensed in 2003 by the Stacks (DEP Simplified License 9624,valid for 10 years.That license has since expired.Jean Lombardi owned the property from 2002 until 2018 (assessors records),when the property transferred to its current owners.The dock extended into the waterway with the use of a 16”ramp and two floats of unknown length,but appear to extend 24 feet beyond the marsh (2010 Google Earth).The floats are perpendicular to the shoreline,while both licenses show the floats extending straight out from the shoreline.In this configuration,the floats would have extended about 45 feet beyond the marsh (2007 Google Earth).It does not appear that the ramp and floats were installed after 2012.The dock never received an order of conditions from the conservation commission,even though public notice to the conservation commission is required as part of the license process.At some point around 2017,the pier wasreconstructedwithoutaconservationpermit.Subsequently,in 2017 a violation notice and enforcement order wasissuedtoremovethepier. Page 2 of 7 Notice of Intent Jeffrey and Beth Fanara,116 Mayflower Terrace,South Yarmouth,MA Legend ¥115 Mayfiover Terrace 2007 Google Earth Photo showing dock configuration 3 ’ Fanara 2010 google earth ==3 Legend Wiite a 5 1 3 :£116 Mavfiower Terrace Wiite map -A : 2010 Google Earth Photo showing dock configuration Page 3 of 7 Notice of Intent Jeffrey and Beth Fanara,116 Mayflower Terrace,South Yarmouth,MA |Fanara 2014 google earth [SES 3 El ~ul . al Legend §Wate a deserigbon for your map.?118 Masfioveer Terrace 2014 Google Earth Photo showing dock configuration i Fanara 2017 google earth 2017 Google Earth Photo showing dock configuration Variance Request The proposed structure is an elevated walkway,and not a dock.The current regulations,Part 2,regulations for docks,piers,and dredging,do not specifically address elevated walkways.The current setback requirement for new docksis75feetfromadjacentdocksandpiers.The proposed elevated walkway is nearly centered between two existingdocks.The current setback is 53 feet from the walkway to the dock to the west of the site and approximately 52 feetfromthenewdocktotheeast.Technically,the walkway is not a dock,and it may be interpreted as to not need avariancebecausethesetbacksapplytodocksandnotelevatedwalkways.In case the commission finds that a varianceishelpfultoapprovetheproject,a variance against the setback is included with the Notice of Intent. Page 4 of 7 Notice of Intent Jeffrey and Beth Fanara,116 Mayflower Terrace,South Yarmouth,MA Alternatives Analysis (Discussion of Options) Option 1-Do nothing If nothing is done at this site,the applicant would have access to the water over the existing lawn,through the existing vegetation and salt marsh.This is evident in the path which currently exists.They could bring a boat into the pond and beach it at the site.Even if done temporarily,this would lead to trampling the vegetation from foot traffic,with the potential damage to shellfish habitat on the beach as well.Environmental damage would result,so therefore this is not a desired option for the applicant or the environment. Option 2 —Get a mooring or seasonal float. No moorings are allowed on Dinah’s Pond,therefore a mooring or float,by itself,is not allowed.If allowed,a dinghy would likely be used,which would likely be stored on the beach or the vegetation (see option 1 above).Therefore, this is not an option. Option 3 —Install the previously licensed pier,ramp,and float. This option would restore the previously licensed pier,ramp,and floats to the licensed configuration.While this extends the outermost floats to about 45 feet from the edge of the marsh,the current bathymetry suggests that only 1.7 feet of water is available.This does not conform to the current bylaws,and while #may be argued that the dock could be placed back in this location,under the license,it does not leave a dock configuration that lends itself to proper water depths.A boat docked at this location would only have access at higher tides,and is impractical. Therefore,while this might be an approvable option with a variance,it is not practical and not the desired option. Option 4 —install a boatlift to relieve the depth requirement. At this location,even if the dock were to extend the full 80 feet from MHW,the available depth is still only 1.9 feet at MLW,leaving access difficult.A boat lift requires some clearance under the boat so that the boat can float over the lift frame,and this is about a foot or so,depending on the boat lift and boat bottom configuration.Therefore,even with a boat lift,the boat would basically only be able to be launched at higher tides,in a reduced capacity because of the low tidal range.The extra cost of a full 80-foot dock and the boatlift do not outweigh the benefits of the limited availability of the lift.Therefore,this is not the desired option. Option 5 —Preferred Alternative,Project as proposed The proposed design allows the safe access over the lawn and vegetation at a proper height to protect the underlying vegetation and the marsh.The elevated walkway is an acceptable method to cross these resources.The existing landing will be elevated to increase its clearance.The existing phragmites is proposed to be controlled and managed. The current homeowners have other access (a marina slip)for their boat,so a full dock at this location isn’t needed for them to maintain boating access to Bass River.The walkway is the least structure necessary to gain pedestrian access to the water,and allow the launching of kayaks and such without damaging the marsh.The landing provides access to the water and the “beach”area fronting the marsh for wading or swimming.The landing is also fully grated, as is the entire walkway,providing reduced shading impacts.Therefore,there are many benefits to the project without the “hassle”of getting a dock approved here,and therefore the project as proposed meets the objectives of the applicant and is therefore the preferred option. Performance Standards The project proposes the construction of a waterfront structure in several resource areas.The areas affected by the project include,Land Subject to Coastal Storm Flowage,Salt Marsh,Coastal Beach,Land Containing Shellfish,and Land Under Ocean.Each resource area is addressed below separately.The project as proposed will not have any significant adverse effects to the surrounding resource areas. Page 5 of 7 Notice of Intent Jeffrey and Beth Fanara,116 Mayflower Terrace,South Yarmouth,MA Land Subject to Coastal Storm Flowage (LSCSF)—LSCSF is considered a resource area under 310 CMR 10,section 10.02 (1)d.The work on the waterfront is still within LSCSF,so it will be treated as such.The work area is therefore within Land Subject to Coastal Storm Flowage.Although LSCSF is an area that is allowed protection under the Wetlands Protection Act,there are no performance standards for this area.The work proposed in LSCSF is the work to install the water dependent elevated walkway and landing landward of the marsh,and raise up the existing landing, as well as the phragmites removal.That work serves to protect the interests of the LSCSF,and benefit the surrounding resource areas,and will not have any significant adverse impacts,and can be permitted under 310 CMR 10.05(6)k. Salt Marsh —The area of salt marsh extends approximately 10 feet from the edge of the phragmites/vegetated buffer to the marsh’s seaward edge.The vegetation is mixed in this area;with the upper portions being woody shrubs, grasses,and phragmites,transitioning to Salt Marsh.The proposed walkway extends over this resource area,with no piles located in the marsh.The elevation of the walkway is set according to current standards and guidelines to eliminate negative impacts to this resource area.Any potential impacts during construction would be temporary,and minimized as much as possible utilizing the construction protocols.Therefore,the project as proposed minimizes the impacts to this resource area to the extent practical,and can be permitted under 310 CMR 10.32 (5).Land Containing Shellfish —The design of the walkway reduces the potential impacts to shellfish for the surrounding area by reducing the number of piles required,and eliminates repeated disturbance.The project as proposed minimizes any impacts to this resource.It would be assumed that the permanent posts in this area and the use of the access would cause much less damage to the shellfish habitat than the active (and legal)practice of shellfishing itself,since the actofshellfishingrepeatedlydisturbsbeachsedimentsandtheshellfishhabitateachtimetheareaisfished.Consequently,if proper construction protocols are followed,the project can be permitted as proposed without negative impacts totheshellfishresource.Therefore,the project can be permitted under 310 CMR 10.34 (4)through (8). Land Under the Ocean —The walkway construction,as designed,reduces the potential impacts to the surrounding area.The piles are permanent and do not require seasonal removal.This allows for a single disturbance to the substrate during installation and eliminates future impacts due to seasonal installation and removal.The construction protocol prohibits bottoming of the working barge (if needed)to avoid negative impacts to the bottom substrate.Projects not included in 310 CMR 10.25(3)which affect land under the ocean shall if water-dependent,be designed and constructed,using best available measures,so as to minimize adverse effects,and if non-water-dependent,have noadverseeffects,on marine fisheries habitat or wildlife habitat caused by alterations in water circulation,destructionofeelgrass(Zostera marina)or widgeon grass (Rupia maritina)beds,distribution of grain size,changes in water quality,including,but not limited to,other than natural fluctuations in the level of dissolved oxygen,temperature or turbidity,or the addition of pollutants;or alterations of shallow submerged lands with high densities of polychaetes,mollusks or macrophytic algae.The project,as proposed,has no significant adverse effects,and therefore can be conducted and permitted to minimize adverse effects to the listed interests in accordance with 310 CMR 10.25 (6). Proposed mitigation for potential impacts The project as proposed offers several measures to mitigate potential negative effects to the surrounding resources.As stated previously,the increased span between piles and the overall design work together to minimize environmental and visual impacts to the surrounding resource areas.Access for the project is over the applicant’s property and from a working barge.Refer to the project plan notes and the construction protocol for further mitigationforpotentialimpacts. Page 6 of 7 Notice of Intent Jeffrey and Beth Fanara,116 Mayflower Terrace,South Yarmouth,MA CONSTRUCTION PROTOCOL The walkway shall be constructed without heavy machinery on the beach area.The staging area for materials will be on the applicant’s property (upland of MHW),or from a working barge.The piles shall be mechanically driven in accordance with the project plans and notes.The work area shall be kept to a minimum.All equipment shall be stored on the applicant’s property above the MHW line or a working barge when not in use.The working barge may only be used during periods of high tide,and shall not be positioned to ground on the bottom. Pre-Construction Meeting Prior to construction,a pre-construction meeting shall be held on-site with the Contractor,Property Owner, Conservation Commission and/or agent,and the Project Manager (Shorefront Consulting).The purpose of the meeting is to clearly delineate the limits of work and access,as well as the staging area.The Contractor will describe the proposed means and methods for performing the work within the requirements of the plans,order of conditions and construction protocol.The Contractor will comply with mitigation measures as established by the Conservation Commission. To be discussed at this meeting: e Existing property conditions,necessary precautions to be taken by the Contractor; oe Means and methods for construction; e Necessary post-construction reparations and conditions; e Procedure for post-construction inspection; e Shorefront Consulting’s responsibilities for inspection and project coordination During Construction,the site shall be accessible for inspection during reasonable hours by all parties,members of the conservation commission and their agents,and the Project Manager. Phragmites Removal The phragmites removal shall be carried out by a certified professional who is licensed to apply herbicides and any necessary chemicals to control and manage the phragmites.Generally,this is accomplished by the “cut and wipe” method by the certified professional.There are several companies qualified to do this work,and the order should contain a condition that only certified professionals shall be used to perform this mitigation. Post-construction meeting Upon completion of construction,a post-construction meeting shall be held on-site with the Contractor,Property Owner,Conservation Commission and/or agent,and the Project Manager (Shorefront Consulting).The purpose of this meeting is to determine that the project has been satisfactorily completed in accordance with all permits,and that no additional work or mitigation is required by the Contractor. Restoration of project area Upon completion of construction,the buffer zone,lawn,driveway,access path,staging areas and any other areas disturbed by the construction effort shall be returned as much as practical to their pre-construction conditions to the satisfaction of the property owner and conservation agent.All disturbed vegetated areas shall be re-vegetated with native vegetation to match pre-construction conditions for the surrounding areas,or as determined during the pre- construction meeting. Page 7 of 7 UInowIeA YInos ‘9oeuud) JomojjAe|n 9TT — eieueq ylag pue Asiaysr 3uijjamp 01 2eq Supjoo| “yoop pjo poled] 8 03 %29p Sunlsixd uimoys ojoyd \ w, L1/02/L uo (panowsas mou) Aemyjjem pajoniisuodas Suimoys ojoyd Yinow.eA Yyinos ‘@detial JoaMojjAelN 9TT — edeue yiag pue Asuayar pajens|s aq 0123p Sunsixa Suimoys oloyd ¥» - N es AY A =%) = — = al AA ¥ Ji Ng Aemjjem pajens|a Jo uoiledo) i : alewixoidde pue 91e8 Suimoys ojoyd IRENE 2 -i) (Aemxjem 01 |enba palens)a aq 01) Buipue| Suilsixa Suimoys sojoyd If i ARN BR aa UINOWLIEA YINOS ‘D3e4I9] JamojjAelN 9TT — eieued yiag pue AaJayar uoneso| Suipue| pasodoid pue aulja1ous SUIMOUS 010 uoi3eso Sulpue| pasodoud Suimoys ojoyqg E20] SuipuE) p a 2/-i45 0104d = r = uo13ed0| Suipue| pue aula. oys suimoys ojoyd IR 31 ay} uo saywsSelyq pue 93pa yssew Sunsixa guimoys sojoyd John Lowell P.O Box 501 South Dennis,MA 02660 SITE LOCATION:116 Mayflower Terrace,So.Yarmouth,MA DATE:June 5,2021 TIDE:Low,coming WEATHER:73 degrees,sunny SITE CONDITIONS The site consists of a grass lawn down to an area of phragmites to a stretch of marsh grass to a silty beach to MLW.The water body does not have a significant tidal flush or a large amount of vessel traffic or moorings. No eel grass was present on this site. TECHNIQUE 51 2°X2’sample plots were established and sampled at approx.10”intervals from MLW to the 80”mark.A standard quahog rake lined with %4”mesh was used for all sampling plots.There is a significant shellfish population beyond MLW. A healthy quahog population extends out to 70°from MLW.The bottom is a 6”to 1”layer of soft silt over a harder layer. John Lowell P.O Box 501 South Dennis,MA 02660 June 7,2021 TO:Conservation Commission FROM:John Lowell SUBJECT:Shellfish Survey,160 MAYFLOWER TERRACE SO.YARMOUTH SURVEY DATE:June 5 2021 CREDENTIALS AND EXPERIENCE of SURVEYOR: Shellfishing is the surveyors full time occupation,and he has been shellfishing on Cape Cod since 1983 Has held commercial and family licenses since the mid-90’s Aquaculture permit since 2003 Interstate Wholesale Dealer license since 2006 Shellfish Committee member for Town of Dennis since 2004 Shellfish surveys and relays for the Town of Dennis since 2006 dOT1vIS=2S T13SSNIN a39914=INY (,T>) ONI1A33S DOHOND = @33s ADINIILLIT=N1S0HVND =D INOLSAYYIHD = HD T13HS Ava = MOVHS H43LSAO = AO AA 0 0 0 0 0 0 0 0 0 0 0T 0 0 0 0 NT 0 ,0C 0 0 0 OT HOT 0 01 0€ HOT OT 0 HOT HOT OC 01 [e]% 0 01 01 01 N1T HOT OT HOC OE N1T HOT OY 0S OT 0 HOT OT ot 0€ 09 09 HOT OT HOT OT 01 0 0¢ N1T OC 0L HOT OT NIT 0¢ AJVHS JIDVHS AIVHS 08 AIVHS AIVHS AIVHS AVHS JIJVHS AIVHS 06 4 3 a J 9 Vv #101d H#1D3ISNVYHL HLNOWYVA "0S 30VHYIL HIMOTIAVIN 9TT - SLINS3Y ONITdINVYS LO1d AIAYNS HSIHTIIHS VER: MassGIS's Online Mapping Tool Te Py WL 3 10.282.78 828.031 20m ec] Topograpnic Features Sasemaz AOD BS) OSI 'MMM JB 2101S del POOo|H YIN TS ay) %2ayo sdew pool weibold fi DouRINSU| POO|4 [RUOHEN JNOQe LoRBWIoUI Jonpoid S318] ay) 104 "320iq 231} 33 Uo 23ep ay) 0} Juanbasqgns spel uaaq aAel Ae YoIym SUSLWPUSLUR 10 sabueyo }09)a1 Jou ssop dew siy| Burj-uQ 1-4 Buisn pajoexe sem ) dew pooy paouaaje) arcge ay) Jo wood e Jo Adod [e1oo ue si sly) 4 AJuagy Judugeury AJUdBIdWY [BIIPI] ¥L0Z "9L ANC 1va INL03443 r€850010052 HIGNNN dYIN Anunwiwod 12lqns ay) Joy suoneoydde souesnsul uo pasn eq Pinoys eAoge umoys Jsequiny Apunwwod ay 'siepio dew Bupeyd usym pasn ag pRoys Mmofeq umoys sequin dey Syl asf 0) BDJON ? £850 5.0052 40 NMOL "HANOVIEYA r £850 500052 40 NMOL 'SINN3T XiFEane ENvd EFannN ALINNAWGD "SNIVINOD (LNOAYT TINY WYI4 HO XIAN dvi 339) S28 30 £85 TINY (SNOL1LDIASIANC 11V) os 4 SLLASNHOYSSYIA IVENOZ Seley ‘ALNNOD ATAVLSNAYVL % o dYIN 31v¥ FJONVANSNI G00T4 | RES NI I} i "Sl : / ; rE, Tn - 24 8 nd ASD r£8s0 1ANVd Au gesdar yy, : nesta SOT 0 iN ; & _ ; : “5 by: & 4 @ Jr : 5 (6513) 3 : A fsa an av VEN OZ ; He 4 i s EEE ———| E | = a : f 0001 00S 0 08: Tio oh DINE 008 = 1 TTVOS dV ig ane YS i2%522! 1202/91/01 ‘uonew.IoyUl SIL] JO UoneudsaldaIsIW 10 3snsiw Jo sasodind 1aylo 10) asn Aue Joy 9|qIsuodsal J0U 31e SUOIIN[OS JUBWUISA0D UOISIA pue (VIN) HLNOWYVA "Ajuo sasodind jeuoneusiojur pue buiuueld Joy papirosd ae dew siy3 uo umoys ajeds pue eleq |i, 199) ETT = your T I G/920 YIN L4Od HLNOWYVA ddI L YIMOTIAVIN OTT | ShorefrontConsulting~Shorefront Consulting Professional Services on Land or At Sea 290 Center St.,Dennis Port,MA 02639 www.shorefrontconsulting.com 508-280-8046 shorefrontconsulting@gmail.com AFFIDAVIT OF SERVICE Massachusetts Wetlands Protection Act M.G.L.,CH 131,Sec.40 I,Mark Burgess,of Shorefront Consulting,hereby certify under the pains and penalties of perjury that on October 21,2021,I sent notification to abutters,in compliance with the second paragraph of Massachusetts General Laws,Chapter 131,Section 40,and the Department of Environmental Protections’Guide to Abutter Notification,dated,April 8,1994,in connection with the following matter: A Notice of Intent was filed under the Massachusetts Wetlands Protection Act and the Yarmouth Wetlands Protection By-law,by Jeffrey and Beth Fanara with the Yarmouth Conservation Commission on October 21,2021 for the property located at 116 Mayflower Terrace,Map 119, Parcel 58 in Yarmouth,MA.The project is for a proposed elevated walkway and fixed landing, along with phragmites removal in Dinah’s Pond. The form of notification and a list of the abutters to whom the notice was given and their addresses are attached to this Affidavit of Service. Sincerely,hy Mark Burgess Shorefront Consulting Enclosures:As Stated cc:Yarmouth Conservation Commission Jeffrey and Beth Fanara (Applicants) Shorefrontas Shorefront Consulting Professional Services on Land or At Sea 290 Center St.,Dennis Port,MA 02639 www.shorefrontconsulting.com 508-280-8046 shorefrontconsulting@gmail.com NOTIFICATION TO ABUTTERS UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT & TOWN OF YARMOUTH WETLAND BY-LAW,CHAPTER 143 In accordance with the second paragraph of the Massachusetts General Laws Chapter 131,Section 40,you are hereby notified of the following: A.The name of the applicant is:Jeffrey and Beth Fanara B.The applicants have filed a Notice of Intent with the Yarmouth Conservation Commission,seeking permission to remove,fill,dredge or alter an Area Subject to Protection under the Wetlands Protection Act (MGL c.131 s.40 &Town of Yarmouth Wetland By-Law,Chapter 143). C.The address of the lot where the activity is proposed is 116 Mayflower Terrace D.Proposed work is for a proposed elevated walkway,fixed landing,and phragmites removal E.Copies of the Notice of Intent may be examined at the Yarmouth Town Hall at the Conservation Commission office between the hours of 9:00 a.m.and 4:00 p.m.Monday thru Friday.For more information,call (508)398-2231 ext.1288. F.Copies of the Notice of Intent may be obtained from either the applicant or applicant's representative. Applicant’s phone number Or Applicant’s representatives phone number 508-280-8046 G.Information regarding the date,time and place of the public hearing may be obtained by calling the Yarmouth Conservation Commission office at (508)398-2231 ext.1288 H.Person sending this notification (applicant,representative or other) Name _Mark Burgess,Shorefront Consulting Address 290 Center Street Town _Dennis Port State MA Zip _02639 Telephone _508-280-8046 NOTES: ®Meeting will be held both in person and by remote means;contact the town for login information. *Notice of the public hearing,including date,time and place will be published at least five (5)days in advance in the Register. *Notice of the public hearing,including date,time and place will be posted in the Town Hall not less than forty-eight hours in advance. ®You may also contact the Southeast Regional Office of the Department of Environmental Protection at (508)946-2800 for more information about this application. 120/ 18/// HULSE LUCY L CO-TRS KNOB COTTAGE TRUST 159 MAIN ST 47A STONEHAM,MA 02180 120/19/// CARRUS DEBORAH D C/O MULLINS THOMAS &MAUREEN M 4 BERKELEY LN ANDOVER,MA 01810 119/ 58/// FANARA JEFFREY B TRS FANARA BETH A TRS PO BOX 775 DENNIS ,MA 02638 119/ 59/// {MCCURDY ROSS W TR {MCCURDY REALTY TRUST 114 MAYFLOWER TERR ;SOUTH YARMOUTH ,MA 02664 119/ 60/// DARLING WILLIAM C DARLING MARYANN M 110 MAYFLOWER TERR SOUTH YARMOUTH,MA 02664 119/ 56/// GORSKI RICHARD GORSKI JEAN 113 MAYFLOWER TERR SOUTH YARMOUTH,MA 02664 119/ 57/// DOVELL DAVID F DOVELL LESAC P O BOX 676 WEST DENNIS ,MA 02670-0676 120/1.3/// {MANNING GERALD TRS MANNING MARIAN B TRS 121 MAYFLOWER TERR |SOUTH YARMOUTH,MA 02664 Please use this signature to certify this list of properties abutting within 100"of the parcel located at: 116 Mayflower Terr.,Yarmouth Port,MA 02675 Assessors Map 119,Lot 58 Andy Maéhado,Director of Assessing October 18,2021 ShorefrontConsulting~Shorefront Consulting Professional Services on Land or At Sea 290 Center St.,Dennis Port,MA 02639 www.shorefrontconsulting.com 508-280-8046 shorefrontconsulting@gmail.com Yarmouth Conservation Commission October 21,2021 Attn:Kelly Grant 1146 Route 28 South Yarmouth,MA 02664-4492 By hand delivery Re:Notice of Intent Application Filing Package;Request for Variance from 75-foot Setback: Proposed Elevated Walkway,Landing,and Invasive Species Removal in Dinah’s Pond Jeffrey and Beth Fanara 116 Mayflower Terrace South Yarmouth,MA 02664 Map 119,Parcel 58 On behalf of my clients,Jeffrey and Beth Fanara,I am requesting a variance from the 75-foot setback requirement forTidalandEstuarineDocksandPiersasstatedintheYarmouthWetlandsBylaw,Part 2,paragraph 2.01 (10)(a). Technically,the regulations do not address elevated walkways.While they are considered water dependent structures (or water dependent uses)by DEP,the Yarmouth regulations don’t address them specifically.The following portionsoftheDEPregulationsareonlysuppliedforclarityhere. Elevated walkways are allowed specifically under the DEP regulations and are listed as “small projects:”in the DEP310CMR10regulationsforwetlands,310 CMR 10.32 (3)states “4 proposed project in a salt marsh,on lands within100feetofasaltmarsh,or in a body of water adjacent to a salt marsh shall not destroy any portion of the salt marshandshallnothaveanadverseeffectontheproductivityofthesaltmarsh.Alterations in growth,distribution and composition of salt marsh vegetation shall be considered in evaluating adverse effects on productivity.310 CMR 10.32(3)shall not be construed to prohibit the harvesting ofsalt hay”.The next paragraph,310 CMR 10.32(4)states“Notwithstanding the provisions of 310 CMR 10.32(3),a small project within a salt marsh,such as an elevated walkway or other structure which has no adverse effects other than blocking sunlight from the underlying vegetationJoraportionofeachday,may be permitted if such a project complies with all other applicable requirements of 310CMR10.21 through 10.37". The current setback requirement for new docks is 75 feet from adjacent docks and piers.The proposed elevated walkway is nearly centered between two existing docks.The current setback is 53 feet from the walkway to the dock to the west of the site and approximately 52 feet from the new dock to the east.It is also assumed that the Yarmouth regulatory setback is intended to reduce navigation issues from docks being placed too close together.In this case,especially for Dinah’s Pond,it is a “Dead End”pond,with no boat traffic traversing the area other than by adjacentboatowners. Technically,the walkwayis not a dock,and it may be interpreted as to not need a variance because the setbacks applytodocksandnotelevatedwalkways.While perhaps not needed,this variance request is included in case thecommissionfindsthatavarianceishelpfultoapprovetheproject.Further,the project was reviewed by the WaterwaysandShellfishAdvisoryCommitteeonSeptember8,2021.Only minor revisions to the plan were requested,and thoserevisionshavebeenmadeandsubmittedtothedepartmentforverification.This is the current plan provided with this filing,originally dated 8/24/21,now revised and dated 9/17/21. Please schedule this filing for your November 4,2021 public hearing.If there are any questions or concernsregardingthisrequest,please contact me as soon as possible. Sincerely, Mark Burgess Shorefront Consulting cc:Jeffrey and Beth Fanara (Applicants)