HomeMy WebLinkAboutDMF commentsThe Commonwealth of Massachusetts
Division of Marine Fisheries
251 Causeway Street, Suite 400, Boston, MA 02114
p: (617) 626-1520 | f: (617) 626-1509
www.mass.gov/marinefisheries
CHARLES D. BAKER KARYN E. POLITO KATHLEEN A. THEOHARIDES RONALD S. AMIDON DANIEL J. MCKIERNAN
Governor Lt. Governor Secretary Commissioner Director
November 4, 2021
Yarmouth Conservation Commission
Town Hall
1146 Route 28
Yarmouth, MA 02664
Dear Commissioners:
The Division of Marine Fisheries (MA DMF) has reviewed the Notice of Intent (NOI) by Jeffrey
and Beth Fanara to construct an elevated walkway and landing as well as for Phragmites
removal 116 Mayflower Terrace on Dinah’s Pond in the Town of Yarmouth. Existing marine
fisheries resources and habitat and approaches to avoid or minimize impacts to these resources
are described below.
The proposed elevated walkway would overly salt marsh vegetation. Salt marsh provides a
variety of ecosystem services, including habitat and energy sources for many fish and
invertebrate species [1–3].
The project site also includes mapped shellfish habitat for quahog (Mercenaria mercenaria) and
soft shell clam (Mya arenaria). A shellfish survey performed by East Dennis Oysters on June 5,
2020 identified quahogs (0.2 individuals per square feet) at the project footprint. Land containing
shellfish is deemed significant to the interest of the Wetlands Protection Act (310 CMR 10.34)
and the protection of marine fisheries.
MA DMF offers the following comments for your consideration:
• MA DMF recommends that decking constructed over salt marsh maintain a minimum
1.5:1 H:W ratio measured relative to the base of any horizontal support structures
associated with the dock decking to reduce shading impacts [4]. The proposed five foot
height would be closer to a 1.25:1 H:W ratio. Based on the NOI plans, the walkway could
achieve a 1.5:1 H:W ratio over salt marsh if the proposed elevation over the adjacent
Phragmites habitat is maintained rather than having the walkway step down at the marsh
section. Alternatively, given that the proposed structure is classified as only an elevated
walkway rather than a dock structure, a 1.5:1 H:W design could be accomplished by
reducing the walkway width to less than the proposed four foot width, which is the width
typical of most docks in Massachusetts [5,6].
• The NOI should include further details regarding proposed Phragmites removal in
addition to simply stating that the work will be performed by a certified professional.
Details of the proposed removal methods (e.g., type of herbicide, application, timing and
frequency of work) should be included to better allow for assessments of potential
impacts to marine resources.
Questions regarding this review may be directed to John Logan in our New Bedford office at
john.logan@mass.gov.
Sincerely,
John Logan, Ph.D.
Fisheries Habitat Specialist
cc: Mark Burgess, Shorefront Consulting
Conrad Caia, Yarmouth Shellfish Constable
Simi Harrison, Emma Gallagher, Keri Anne Goncalves, MA DMF
References
1. Boesch DF, Turner RE. Dependence of fishery species on salt marshes: the role of food and refuge.
Estuaries. 1984;7: 460–468.
2. Deegan LA, Garritt RH. Evidence for spatial variability in estuarine food webs. Mar Ecol Prog Ser.
1997;147: 31–47.
3. Deegan LA, Hughes JE, Rountree RA. Salt marsh ecosystem support of marine transient species. In:
Weinstein MP, Kreeger DA, editors. Concepts and Controversies in Tidal Marsh Ecology. Kluwer
Academic Publisher, The Netherlands; 2000. pp. 333–365.
4. Logan JM, Voss S, Davis A, Ford KH. An experimental evaluation of dock shading impacts on salt
marsh vegetation in a New England estuary. Estuaries Coasts. 2018;41: 13–24.
5. Logan JM, Davis A, Markos C, Ford KH. Effects of docks on salt marsh vegetation: an evaluation of
ecological impacts and the efficacy of current design standards. Estuaries Coasts. 2018;41: 661–675.
6. Bliven S, Pearlman S. A guide to permitting small pile-supported docks and piers. Massachusetts
Department of Environmental Protection, Bureau of Resource Protection, Wetlands/Waterways
Program. 28 pp. https://www.town.winthrop.ma.us/sites/g/files/vyhlif4061/f/uploads/smaldock.pdf.
Accessed September 27, 2021. 2003.
JL