HomeMy WebLinkAboutNOIShorefrontmma 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 January 6,2022
Attn:Kelly Grant
1146 Route 28
South Yarmouth,MA 02664-4492
By hand delivery and email
Re:Notice of Intent Application Filing Package;
Proposed Conversion of an Elevated Walkway to a Pier,Ramp,and Float in Dinah’s Pond
Nicholas and Donna DiNinno
140 Mayflower Terrace
South Yarmouth,MA 02664
Map 120,Parcel 15
On behalf of my clients,Nicholas and Donna DiNinno,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 theabovereferencedproject.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
Yarmouth USGS Map,Assessor Map 120,and Flood Map,identifying locus
Copy of Check #3301 for $71.50 made payable to the Commonwealth of Mass.for state share of DEP
fee,(original sent directly to lockbox)
Check #3297 for $96.50 made payable to the Town of Yarmouth for town share of DEP fee
=Check #3298 for $84 made payable to the Town of Yarmouth for the town By-Law fee ($2/lin.ft.for
42ft.;Category 5,dock)
=Check #3257 for $10.00 check made payable to the Town of Yarmouth for advertising fee
=Affidavit of Service,Abutter Notification Letter,Abutter List
®Plan entitled “Site Plan Showing Pier Extension,Ramp and Floats for Permitting Purposes”,byShorefrontConsultingandDownCapeEngineering,dated 11/29/21
Please schedule this filing for your January 20,2022 public hearing.I also have 3 projects to present in
Dennis the same night,and will ask Dennis if I can be put further along on the agenda.If there are anyquestionsorconcernsregardingthisfiling,please contact me as soon as possible.
Sincerely,
Mark Burgess
Shorefront Consulting
Enclosures:As Stated
cc:Mass.DEP/SERO —Wetlands (by EDEP)
Mass.Division of Marine Fisheries (by email)
Nicholas and Donna DiNinno (Applicants)
Massachusetts Department of Environmental Provided by MassDEP:
Bureau of Resource Protection -Wetlands or Transaction #1334412WPAForm3-Notice of Intent Hyon
Massachusetts Wetlands Protection Act M.G.L.c.131,§40
A.General Information
1.Project Location:
a.Street Address 140 MAYFLOWER TERRACE
b.City/Town YARMOUTH c.Zip Code 02664
d.Latitude 41.69690N e.Longitude 70.17402W
f.Map/Plat #120 g.Parcel/Lot #15
2.Applicant:
W Individual I Organization
a.First Name NICHOLAS J.AND DONNA M.b.Last Name DININNO
c.Organization
d.Mailing Address 161 OLD TAVERN ROAD
e.City/Town LEOMINSTER f.State MA g.Zip Code 01453
h.Phone Number~~978-660-9000 i.Fax j-Email dmick@dininnofamilydental.com
3.Property Owner:
I”more than one owner
a.First Name NICHOLAS J.AND DONNA M.b.Last Name DININNO
c.Organization
d.Mailing Address 161 OLD TAVERN ROAD
e.City/Town LEOMINSTER fState MA g.Zip Code 01453
h.Phone Number~~978-660-9000 i.Fax j-Email dmick@dininnofamilydental.com
4 Representative:
a.First Name MARK b.LastName BURGESS
c.Organization SHOREFRONT CONSULTING
d.Mailing Address 290 CENTER STREET
e.City/Town DENNIS PORT f State MA g.ZipCode 02639
h.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 168.00 b.State Fee Paid 71.50 c.City/Town Fee Paid 96.50
6.General Project Description:
PROPOSED EXTENSION OF EXISTING WALKWAY FOR A PIER,RAMP AND FLOAT FOR PRIVATE BOATINGACCESSTOBASSRIVER
7a.Project Type:
L.I"Single Family Home 2.TI Residential Subdivision
3.I"Limited Project Driveway Crossing 4.TI Commercial/Industrial
5.W Dock/Pier 6.I"Utilities
7.1"Coastal Engineering Structure 8.I”Agriculture (eg.,cranberries,forestry)9.1"Transportation 10.I”Other
7b.Is any portion ofthe proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 (coastal)or 310
Page 1 of 7 *ELECTRONIC COPY
Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File #:
Bureau of Resource Protection -Wetlands EOE Transaction B354412
WPA Form 3 -Notice of Intent town.
Massachusetts Wetlands Protection Act M.G.L.c.131,§40
CMR 10.53 (inland)?
1.TI Yes ¥No If yes,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 29159 36
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 if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland,
Inland Bank,or Coastal Resource Area.
2.Inland Resource Areas:(See 310 CMR 10.54 -10.58,if not applicable,go to Section B.3.Coastal Resource Areas)
Resource Area Size of Proposed Alteration Proposed Replacement (if any)
af”Bank
1.linear feet 2.linear feet
b.I”Bordering Vegetated Wetland
1.square feet 2.square feet
c¢.]”Land under Waterbodies and Waterways
1.Square feet 2.square feet
3.cubic yards dredged
d.I”Bordering Land Subject to Flooding
—.square feet 2.square feet
3.cubic feet of flood storage lost 4.cubic feet replaced
e.[”Isolated Land Subject to Flooding
1.square feet
2.cubic feet of flood storage lost 3.cubic feet replaced
f.I”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
"200 ft.-All other projects
3.Total area of Riverfront Area on the site ofthe 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.
Page 2 of 7*ELECTRONIC COPY
*Massachusetts Department of Environmental
Protection
Bureau of Resource Protection -Wetlands
WPA Form 3 -Notice of Intent
Provided by MassDEP:
MassDEP File #:
eDEP Transaction #:1334412
City/Town:YARMOUTH
Massachusetts Wetlands Protection Act M.G.L.c.131,§40
5.Has an alternatives analysis been done and is it attached to this NOI?
6.Was the lot where the activity is proposed created prior to August 1,1996?
I”Yes”No
I”YesT™No
3.Coastal Resource Areas:(See 310 CMR 10.25 -10.35)
Resource Area
a.”Designated Port Areas
b.I”Land Under the Ocean
c.I”Barrier Beaches
d.””Coastal Beaches
e.l”Coastal Dunes
£7 Coastal Banks
8.7”Rocky Intertidal Shores
h.T™Salt Marshes
i.™Land Under Salt Ponds
j-™Land Containing Shellfish
k.I”Fish Runs
1.77 Land Subject to Coastal
Storm Flowage
4 Restoration/Enhancement
I”Restoration/Replacement
Size of Proposed Alteration Proposed Replacement (if any)
Indicate size under Land under the ocean below,
1.square feet
2.cubic yards dredged
Indicate size under Coastal Beaches and/or Coatstal Dunes,below
1.square feet 2.cubic yards beach nourishment
1.square feet 2.cubic yards dune nourishment
1.linear feet
1.square feet
1.square feet
238
1.square feet
2.sq ft restoration,rehab,crea.
2.cubic yards dredged
238
1.square feet
Indicate size under Coastal Banks,Inland Bank,Land Under the Ocean,and/or inland Land
Under Waterbodies and Waterways,above
1.cubic yards dredged
1.square feet
If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been
entered in Section B.2.b or B.3.h above,please 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
Page 3 of 7 *ELECTRONIC COPY
Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File #:
Bureau of Resource Protection -Wetlands eDEP Transaction #:1334412
City/Town:YARMOUTHWPAForm3-Notice of Intent
Massachusetts Wetlands Protection Act M.G.L.c.131,§40
If the project involves Stream Crossings,please enter the number of new stream crossings/number of replacement stream crossings.
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 ofthe 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
Ifyes,the project is also subject to Massachusetts Endangered Species Act (MESA)review (321 CMR 10.18)...
¢.Submit Supplemental Information for Endangered Species Review *(Check boxes as they apply)
1."Percentage/acreage of property to be altered:
(a)within Wetland Resource Area percentage/acreage
(b)outside Resource Area peciingsarsgs
2."Assessor's Map or right-of-way plan of site
3.1"Project plans for entire project site,including wetland resource areas 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.[~Photographs representative of the site
c.I”MESA filing fee (fee information available at:http://www.mass.gov/eea/agencies/dfg/dfw/natural-heritage/regul
review/mass-endangered-species-act-mesa/mesa-fee-schedule.html )
Make check payable to "Natural Heritage &Endangered Species Fund"and mail to NHESP at above address
Projects altering 10 or more acres of land,also submit:
d.I”Vegetation cover type map of site
e.I”Project plans showing Priority &Estimated Habitat boundaries
d.OR Check One of the following
1."Project is exempt from MESA review.Attach applicant letter indicating which MESA exemption applies.(See 321
CMR 10.14,http://www.mass.gov/eea/agencies/dfg/dfw/laws-regulations/cmr/321-cmr-1000-massachusetts-endangered-
species-acthtml#10.14;the NOI must still be sent to NHESP ifthe project is within estimated habitat pursuant to 310 CMR
10.37 and 10.59.)
2.I"Separate MESA review ongoing.
a.NHESP Tracking Number
b.Date submitted to NHESP
Page 4 of 7 *ELECTRONIC COPY
Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File #:
Bureau of Resource Protection -Wetlands eDEP Transaction #:1334412
WPA Form 3 -Notice of Intent City/Town:YARMOUTH
Massachusetts Wetlands Protection Act M.G.L.c.131,§40
3."Separate MESA review completed.
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?
3.
Wn
al”Yes No
a.I”Not applicable -project is in inland resource area only
b.¥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 Attn:Environmental Reviewer
836 S.Rodney French Blvd 30 Emerson Avenue
New Bedford,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.
Is any portion ofthe 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.
b.ACEC Name
-Is any portion of the proposed project within an area designated as an Outstanding Resource Water (ORW)as designated in the
Massachusetts Surface Water Quality Standards,314 CMR 4.00?
a.I"Yes ¥No
Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Restriction Act (M.G.L.c.131,§
40A)or the Coastal Wetlands Restriction Act (M.G.L.c.130,§105)?
a.[™Yes ¥No
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 Handbook
Vol.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:
go
A
qe
qe
qe
Single Family Home
Page 5 of 7 *ELECTRONIC COPY
Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File #:
Bureau of Resource Protection -Wetlands COPD ransasion BSHWPAForm3-Notice of Intent pa
Massachusetts Wetlands Protection Act M.G.L.c.131,§40
2.r
3.Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi-family
I"housing project)with no discharge to Critical Areas.
D.Additional Information
Applicants must include the following with this Notice of Intent (NOI).See instructions for details.
Emergency Road Repair
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.
1.USGS or other map ofthe area (along with a narrative description,if necessary)containing sufficient information for the
IW Conservation Commission and the Department to locate the site.(Electronic filers may omit this item.)
2.Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland
WM [BVW]replication area or other mitigating measure)relative to the boundaries of each affected resource area.
3.Identify the method for BVW and other resource area boundary delineations (MassDEP BVW Field Data Form(s).
W Determination of Applicability,Order of Resource Area Delineation,etc.),and attach documentation of the methodology.
4.List the titles and dates for all plans and other materials submitted with this NOI.
Vv
a.Plan Title:b.Plan Prepared By: c.Plan Signed/Stamped By:c.Revised Final Date:e.Scale:
SITE PLAN DOWN CAPE
SHOWING PIER ENGINEERING AND Ro.
EXTENSION,RAMP SHOREFRONT DAN OJALA,PLS November 29,2021 1"-20
AND FLOATS CONSULTING
5.Ifthere is more than one property owner,please attach a list ofthese property owners not listed on this form.-
6.Attach proof of mailing for Natural Heritage and Endangered Species Program,if needed.r
7.Attach proof of mailing for Massachusetts Division of Marine Fisheries,if needed.
V
8.Attach NOI Wetland Fee Transmittal Form.
Vv
9.Attach Stormwater Report,if needed.r
Page 6 of 7 *ELECTRONIC COPY
"Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File #:
Bureau of Resource Protection -Wetlands eDEP Transaction #1334412
City/Town:YARMOUTHWPAForm3-Notice of Intent
Massachusetts Wetlands Protection Act M.G.L.c.131,§40
E.Fees
1.
Fee Exempt:No filing fee shall be assessed for projects of any city,town,county,or district ofthe Commonwealth,federally recognized Indian
tribe housing authority,municipal housing authority,or the Massachusetts Bay Transportation Authority.
Applicants must submit the following information (in addition to pages 1 and 2 ofthe NOI Wetland Fee Transmittal Form)to confirm fee payment:297 \2]2¢/2)
2.Municipal Check Number 3.Check date’33 12]2g 2/
4.State Check Number v 5.Check date a iNichalgeDiniwma
6.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 true
and complete to the best of my knowledge.I understand that the Conservation Commission will place notification of this Notice in a local newspaper
at the expense ofthe applicant in accordance with the wetlands regulations,310 CMR 10.05(5)(a).
1 further certify under penalties of perjury that all abutters were notified of this application,pursuant to the requirements of M.G.L.¢.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 feet
of the property line ofthe project location.
“Weebl of Dlhty 1225.2)
1.Signature of Applicant 2.Date
3.Signature of Pfpperty Owner(if dificrent)4.Date
)|p |(y/22
5.Signature of ay (if any}Shakes Candy Ll 6.Date
For Conservation Commission:
Two copies of the completed Notice of Intent (Form 3),including supporting plans and documents,twe:copies of the NOI Wetland Fee Transmittal
Form,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 submittal
requirements.
The original and copies must be sent simultaneously.Failure by the applicant to send copies in a timely manner may result in dismissal of the
Notice of Intent.
Page 7 of 7 *ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands MassDEP File #:
WPA Form 3 -Notice of Wetland FeeTransmittal eDEP Transaction #1334412
Form City/Town:YARMOUTH
Massachusetts Wetlands Protection Act M.G.L.c.131,§40
A.Applicant Information
1.Applicant:
a.First Name
c.Organization
d.Mailing Address
e.City/Town
h.Phone Number
NICHOLAS J.AND DONNA M.
161 OLD TAVERN ROAD
LEOMINSTER f.State
9786609000 i.Fax
2.Property Owner:(if different)
a.First Name
c.Organization
d.Mailing Address
e.City/Town
h.Phone Number
3.Project Location:
a.Street Address
MBTA
NICHOLAS J.AND DONNA M.
161 OLD TAVERN ROAD
LEOMINSTER f.State
9786609000 i.Fax
b.Last Name DININNO
MA g.Zip Code 01453
j.Email drnick@dininnofamilydental.com
b.Last Name DININNO
MA g.Zip Code 01453
j-Email drick@dininnofamilydental.com
140 MAYFLOWER TERRACE b.City/Town YARMOUTH
Are you exempted from Fee?I”(YOU HAVE SELECTED 'NO")
Note:Fee will be exempted if you are one of the following:
City/Town/County/District
Municipal Housing Authority
Indian Tribe Housing Authority
State agencies are only exempt if the fee is less than $100
B.Fees
Activity Type Activity
Number
A.)WORK ON DOCKS,PIERS,REVETMENTS,
DIKES,ETC.(COASTAL OR INLAND).
Activity Fee RF Multiplier Sub Total
42 4.00 168.00
City/Town share of filling fee State share of filing fee Total Project Fee
$96.50 $71.50 $168.00
Page 1 of 1 *ELECTRONIC COPY
Notice of Intent Nicholas and Donna DiNinno,140 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 northeast side of a wide embayment north of Route 6,called
Kelly’s Bay.The main flow of the Bass River is towards the west side of this embayment,in a north-south direction
from the Route 6 bridge north through another narrow inlet to Follin’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 not considered to be in the Riverfront Area.Bass River is a tidal river on Nantucket sound.The property is located
approximately 4 miles upstream of the river outlet,and has a dwelling that was reconstructed in 2017.The land existed
in ownership since 1965 (assessor’s records).A 1971 aerial does show a dwelling on the site,but it is unknown when
a dwelling was first placed on the property.
The site has a fairly gentle sloping,grass back yard,leading down to the water.At the water’s edge is an established
salt marsh of approximately 16 feet in width at the walkway location,and increasing to about 28 feet to the north.
There is a very small area of coastal beach along the waterfront,with the marsh basically ending very close to MLW.
This is typical of the properties along this area of the pond.The width of the vegetation varies a little along the
shoreline.The beach bottom is fairly firm at first,with a gentle,constant slope,but gradually increases to a soft mud
where the floats are proposed.
There is an existing 4’wide elevated walkway that was permitted in February 2018.The walkway was installed,but
the access steps to the beach were not.Instead,the owner installed a 3>wide,20°long ramp,and two 6°x10’floats.
These were noticed by the agent,and a violation was issued for the unpermitted ramp and floats.A hearing was
conducted,a determination made to remove the floats,and the floats were,in fact,removed the next day.
The DiNinnos have owned the property since September of 2015,and there were no waterfront structures present onthesite.The water depth was surveyed to assess whether a new pier would meet the current bylaws.Just 3.0 feet of
water was found 80 feet out from the proposed pier,with 2.8 feet of water at MLW on the landward side of the
proposed floats.The bottom is fairly firm most of the way out.At 80 feet though,the bottom is very soft;typical for
this side of the pond.There is no eelgrass present atthe site.
Proposed Work
The purpose of this project is to extend the existing elevated walkway and convert it to a pier,utilizing the existing
ramp and floats that were previously installed so that there is sufficient water depth to meet the current regulations.
This requires the walkway to be extended approximately 16 feet further out,and then use the existing 3°x20°ramp,and the two 6°x10’floats.This extends the structure out to sufficient water depth and remains well within the 200
square foot float maximum allowed by the local regulations.The design extends the use of fiberglass piles.
The existing walkway is of sufficient height to allow the required 5 feet of clearance at MHW to the underlyingstructuralmember,but then drops down 2.6 feet (about 4 steps)after the walkway reaches the end of the marsh.The
extension will start at this lower height and continue out 16 feet.Since the floats are so small (120 square feet total)the applicant wished to position the ramp over one side of the floats and not in the middle,maximizing the usable
square footage of the floats.The extension will be also be angled so that the resulting floats maintain the required 75-
foot setback from adjacent docks.
Tidal Range
Note:The previous 2018 filing by Downcape Engineering (DCE)yielded different MHW and MLW elevations for
the site than what Shorefront Consulting found.The elevations from DCE were based on historical data of sites within
the Bass River complex,but not specifically for Dinah’s Pond.Shorefront Consulting conducted tidal elevation
measurements specifically for Dinah’s Pond,with those results used for all of the new projects on the pond.The newdatasupportstheprojecttobeapprovedasapier,whereas the previous data did not.
Page 1 of 4
Notice of Intent Nicholas and Donna DiNinno,140 Mayflower Terrace,South Yarmouth,MA
Kelly’s Bay is a wide,almost circular embayment,with narrow waterways leading into and out of this area.Past
projects in the area (circa 2008)yielded a tidal range of approximately 1.7 feet,where MHW was 2.1°and MLW was
0.4>(NGVD 29).This translates to approximately MHW at 1.3°NAVD88,and MLW at approximately -0.4’
NAVDS88.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 by
allowing more water to pass through this restricted area of the river.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 can
leave the embayment because of the shallow bottom,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 in
2019.The tide gauge directly measured the water elevation in NAVDS88 Datum at 5-minute intervals for an entire
week.The elevations were compared to the tide charts,and corrected for the plus and minus tides.The resulting tide
elevations were MHW =1.9”(.6 feet higher),and MLW =-0.3 (.1”higher)NAVD88.This would indicate an
increased tidal range from 1.7”to 2.2 feet;an increase of .5 feet.The results indicate that the increased tidal flow is
mainly from the influx of more water into the bay,but does not allow more water to leave than previously.The
increase in the elevations could be due to increased tidal flow,sea level rise,and increased outgoing restrictions due
to fluctuating depths and bottom topography in the narrow area of the river to the south.
If there is a buildup of sediments either on the north or south of the bridge from increased 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.
Shorefront Consulting re-deployed its tidal gauge in the spring of 2021,and found the depths for MHW and
MLW had not significantly changed.MLW may have actually risen by about an inch,but this may be due to
the repositioning of the sediments at the bridges.Therefore,the original,conservative data was used for this
design.
Shellfish Survey
A shellfish survey was performed by The BSC group on January 12,2016 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 19
Quahogs,8 Soft Shell Clams were found in 20 (3°x3”)plots;a density of approximately 1.35 shellfish per plot,and
0.15 shellfish per square foot (of the plots).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 are
located over 2,000 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 on
the river,the size of boatthat 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.
Alternatives Analysis (Discussion of Options)
Option 1-Do nothing
If nothing is done atthis site,the applicant would have access to the water over the existing walkway,and down to
the beach if the approved stairs were installed.However,the applicant does own a boat,and would like to be able to
dock it at this site.The new data supports this approach.While the walkway and steps provide access to the beach
over the marsh,any boat used here would have to be temporarily beached to load or unload,with the potential damage
to shellfish habitat on the beach.Environmental damage would result,so therefore this is not a desired option for the
applicant or the environment.
Page 2 of 4
Notice of Intent Nicholas and Donna DiNinno,140 Mayflower Terrace,South Yarmouth,MA
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 extension in line with the existing walkway.
This option would extend the walkway,convert it to a pier,and install the ramp and floats in line with the existing
walkway.This option appears feasible.Initially,the extension was jogged over to allow the ramp to be placed on the
south side of the floats and allow more usable room on the floats to the north.If this option is chosen,the plan will
be revised to reflect a straight line extension out,with the ramp placed on the northern edge of the floats,with the
floats extending to the south,and the setbacks to adjacent floats adjusted accordingly.
Option 4 —Preferred Alternative,Project as proposed
The proposed design allows the safe access over the lawn and salt marsh at a proper height to protect the underlying
vegetation and the marsh.The pier is an acceptable method to cross these resources,and it can be extended so that it
meets all of the current local bylaws.There are no large boats in this bay,and navigation is not an issue.The pier isdesignedtomeetalltheregulations,protect the relevant resource areas,and provide access to the waterway.Overall,
it seems to make sense that if the pier can be extended straight out from the shoreline and still meet the 75-foot
setbacks as discussed in option 3 above,then that option would be the preferred option.Therefore,it would appearthatbothoptions#3 and #4 are adequate,that #3 might be best suited for the environment and the owners.Therefore,
the project as proposed meets the objectives of the applicant and therefore option #3 and #4 are the preferred options.
Performance Standards
The project proposes the construction of a waterfront structure in several resource areas.The areas affected by the
currently proposed project include,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.
Coastal Beach —While there is very small coastal beach on this site,The only work in this area will be to connect the
start of the dock extension to the existing piles.This area might be used for construction access,with any potential
negative impacts being temporary.Otherwise,there are no structures or work proposed for this area.The proposed
pier construction is designed in accordance with,and exceeds all regulatory guidelines for walkways and piers,and
therefore will not change the role for the beach in storm damage prevention,flood control,or protection of wildlife
habitat.The pier will also not change the volume or form of the beach sediments,the ability of the beach to respond
to wave action,or the effect for any downdrift beach.The pier,as designed will have no adverse impacts to the coastal
beach,and therefore meets the performance standards for work on a Coastal Beach.Therefore,as long as the
construction protocols are followed the project as proposed can be permitted under 310 CMR 10.27 (1)through (7).
Land Containing Shellfish —The design of the pier 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 to
the shellfish resource.Therefore,the project can be permitted under 310 CMR 10.34 (4)through (8).
Land Under the Ocean —The pier 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.
Page 3 of 4
Notice of Intent Nicholas and Donna DiNinno,140 Mayflower Terrace,South Yarmouth,MA
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
no adverse effects,on marine fisheries habitat or wildlife habitat caused by alterations in water circulation,destruction
of eelgrass (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 mitigation
for potential impacts.
CONSTRUCTION PROTOCOL
The pier shall be constructed without heavy machinery on the beach or marsh area.The staging area for materials will
be on the applicant’s property (upland of MHW),or from a working barge.The existing pier and floats shall be
removed and properly disposed of.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:
Existing property conditions,necessary precautions to be taken by the Contractor;
Means and methods for construction;
Necessary post-construction reparations and conditions;
Procedure for post-construction inspection;
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.
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 4 of 4
T=,~~No
Shellfish Survey
140 Mayflower Terrace
South Yarmouth,Massachuseits
SHELLFISH SURVEY DESCRIPTION
1.0 INTRODUCTION
On January 12,2016,Peter DeFusco and Matthew Creighton,PWS,of the BSC Group (BSC)
conducted a shellfish survey from the Mean High Water (MHW)line into Land Under the Ocean
of Dinah’s Pond off of the Bass River at the property located at 140 Mayflower Terrace in South
Yarmouth (the Site).The purpose of the survey was to evaluate shellfish habitat,shellfish species,
and shellfish population within and adjacent to the footprint of the existing pier.
2.0 SITE DESCRIPTION
The property located at 140 Mayflower Terrace in South Yarmouth borders Dinah’s Pond off of
the Bass River,which is tidally influenced.The site contains a single-family home with
associated driveway,patio,walkways,dilapidated pier,utilities,etc.
3.0 SHELLFISH INVENTORY
"In order to evaluate the potential impacts of the proposed structure at the site,BSC conducted a
shellfish survey in accordance with the requirements of the Yarmouth Wetlands Protection
Bylaw.Peter DeFusco and Matthew Creighton,PWS,performed this shellfish survey within the
adjacent areas of the existing pier on the morning of January 12,2016.The weather was clear
and sunny,with temperatures in the low 30’s.The survey commenced as the tide approached
Mean Low Water and was completed as the tide began to rise above Mean Low Water toward
Mean High Water.In order to sample for potential shellfish along the length of the property,4
transects were conducted as follows:
Transect 1 ~Located at the southeastern property line.
Transect 2 —Located approximately 25 feet northwest of Transect 1,in area of the existing
dilapidated pier.
Transect 3 —Located approximately 25 feet northwest of Transect 2,west of the existing
dilapidated pier.
Transect 4 —Located approximately 25 feet northwest of Transect 3,at the northwestern property
line.
Transects 1 -4 contained 5 plots each.Each plot was excavated to an area of approximately 3
feet by 3 feet.Plot #1 was sampled three feet seaward of the edge of salt marsh.Each following
plot was sampled 15 feet seaward of the preceding plot.Each plot was excavated approximately
1 foot deep to sample for Quahogs (Mercenaria mercenaria)and Soft Shell Clams (Mya
arenaria)using either a standard Clam Rake or a Quahog Rake.Each shellfish discovered in the
plot was recorded then replaced back into the plot from which it came from,
The table below identifies the shellfish discovered within the plots along the 4 Transects:
Table 1 —Shellfish Inventory
Shellfish Survey
140 Mayflower Terrace
South Yarmouth,Massachusetts
Station —Description Shellfish Substrate and Other
=Transect1 Observations
|T1P1 —Southeastern property 1 Soft Shell Clam [6-8”Sand on top of buried
line salt marsh root mat
‘T1P2—15"seaward of PI |2 Quahogs (1 Spat &1 Seed)"Sand
y 1 Soft Shell Clam CL eee|T1P3 —15’seaward of P2 1 Quahog Silty Sand
](Chowder)L
|.T1P4 —15°seaward of P3 1 Quahog (Little Neck).Silty Sand
|T1P5 —15°seaward of P4 ~~None Muckayoo....__Transect2 a]1 T2P1 —Area of existing None 6-8”Sand on'top of buried ~|
|dilapidated~~pier —25°salt matsh root mat
|
northwest of Transect 1 —_—T2P2 —-15’seaward of P1 2 Soft Shell Clams Sand
1 Quahog (Seed))
|T2P3 —15°seaward of P2 1 Quahog (Chowder)=|Silty Sand
1"T2P4 —15"seaward of P3 1 Quiahog (Little Neck)=Silty Sand
T2P5 —15°seaward of P4 _1 Quahog (Chowder).Muck
Transect 3
:
|T3P1 —West of dilapidated 1 Soft Shell Clam 6-8”Sand on top of buried |,|pier -25°northwest of salt marsh root mat
Transect 2
|T3P2 —15’seaward of P1 2 Soft Shell Clams Sandlroo3Quahogs(Seed)-
|T3P3=15"seaward of PZ None Silty Sand
|T3P4 —15°seaward of P3 3 Quahogs (Little Neck)Silty Sand __T3P5 —15°seaward of P4 None Muck
Transect 4 5 :
T4P1 —25°northwest of.None |6-8”Sand on top of buried |.
Transect 3 salt marsh root mat i
T4P2 —15°seaward of P1 1 Soft Shell Clam ~~Sand
ec i,EL of.3 Quahogs (Seed)LoT4P315"seaward of P2 |2 Quahogs (Cherry Stone)|“Silty Sand
|
T4P4 —15°seaward of P3 None |Silty Sand
|T4P5 —15°seaward of P4 None Muck
|TOTAL NUMBER OF OBSERVATION PLOTS =20
|TOTAL NUMBER OF QUAHOGS =19
TOTAL NUMBER OF SOFT SHELL CLAM =8
|TOTAL NUMBER OF BAY SCALLOPS =0
|TOTAL NUMBER OF OYSTERS =0 _
4.0 SUMMARY
BSC’s shellfish survey identified the following;
=Soft Shell Clam and Quahog fisheries exists on-site.
=Salt marsh borders the shoreline at the locus Site.
Shellfish Survey
140 Mayflower Terrace
South Yarmouth,Massachusetts
*Ribbed Mussels were noted within the area of Salt Marsh.
"Any adverse impacts,if any,of the proposed construction activity can be mitigated by
adhering to the timing proposed by permitting authorities,adhering to the State and Local
laws,and coordinating the project with the Town of Yarmouth Conservation
Commission,Harbormaster,and Shellfish Warden.
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Shorefrontmaa 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 January 6,2022,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 Nicholas and Donna DiNinno with the Yarmouth Conservation
Commission on January 6,2022 for the property located at 140 Mayflower Terrace,Map 120,
Parcel 15 in Yarmouth,MA.The project is for the proposed conversion of an existing elevated
walkway to a pier,ramp,and float 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
Nicholas and Donna DiNinno (Applicants)
ShorefrontConsulting~i 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:Nicholas and Donna DiNinno
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 140 Mayflower Terrace
D.Proposed work is the conversion of an existing elevated walkway to a pier,ramp and float in Dinah’s
Pond
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.
120/171 //
HULSE LUCY L CO-TRS
THE 130 MAYFLOWER TERR TR
14 MYRTLE ST
NEEDHAM,MA 02192
120/3///
SILVERMAN JAMES H
COTE MICHAEL J
137 MAYFLOWER TERR
SOUTH YARMOUTH,MA 02664
120/2///
GAUDETTE ERROL M
83 ARROWWOOD DR
SCITUATE,MA 02066
120/4///
MOULTON PATRICK
MOULTON DORI
64 MILLER STREET
FRANKLIN ,MA 02038
120/5///
LILLY JASON R
LILLY TINA M
PO BOX 75
SOUTH DENNIS ,MA 02660
120/6///
TALLMAN ANNE S
147 MAYFLOWER TERR
SOUTH YARMOUTH,MA 02664
120/ 14///
MACHUNSKI JANET K TRS
KELLY ROBERT E JR &KATHLEEN J T
146 MAYFLOWER TERR
SOUTH YARMOUTH,MA 02664
120/ 15///
DININNO NICHOLAS J JR
DININNO DONNA M
161 OLDE TAVERN RD
LEOMINSTER ,MA 01453
120/16///
BANNO JAMES J
BANNO JANE E
134 MAYFLOWER TERR
SOUTH YARMOUTH,MA 02664
Please use this signature to certify this list of properties
abutting within 100'of the parcel located at:
140 Mayflower Terr.,Yarmouth Port,MA 02675
Assessors Map 120,Lot 15
Andy Maéhado,Director of Assessing
October 18,2021