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Home My WebLink AboutNOIShorefront Consulting1�1!!4 ` 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 Attn: Kelly Grant 1146 Route 28 South Yarmouth, MA 02664-4492 By hand delivery and email January 6, 2022 Re: Notice of Intent Application Filing Package; Proposed Reconstruction and Extension of Existing Pier, Ramp, and Float in Dinah's Pond Thomas and Lisa Dwyer 160 Mayflower Terrace South Yarmouth, MA 02664 Map 120, Parcel 12 On behalf of my clients, Thomas and Lisa Dwyer, I am submitting (1) full size (24"x 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 March 22, 2021 ■ Yarmouth USGS Map, Assessor Map 120, and Flood Map, identifying locus ■ Copy of Check #286 for $169.50 made payable to the Commonwealth of Mass. for state share of DEP fee, (original sent directly to lockbox) ■ Check #287 for $194.50 made payable to the Town of Yarmouth for town share of DEP fee ■ Check #288 for $182 made payable to the Town of Yarmouth for the town By -Law fee ($2/lin. ft. for 91 ft.; Category 5, dock) ■ Check #289 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 Pier Reconstruction and Extension", by Shorefront Consulting and Down Cape Engineering, dated 8/9/21 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 any questions or concerns regarding this filing, 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) Thomas and Lisa Dwyer (Applicants) Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A.General Information 1. Project Location: a. Street Address b. City/Town d. Latitude f. Map/Plat 4 2. Applicant: r Individual r Organization a. First Name c. Organization d. Mailing Address e. CityMown h. Phone Number 3.Property Owner: I— more than one owner a. First Name c. Organization d. Mailing Address e. City/Town h. Phone Number 4.Representative: a. First Name c. Organization d. Mailing Address e. City/Town h.Phone Number Provided by MassDEP: MassDEP File #: eDEP Transaction #:1334548 City/Town:YARMOUTH 160 MAYFLOWER TERRACE YARMOUTH c. Zip Code 41.69639N e. Longitude 120 g.Parcel/Lot # THOMAS A. AND LISA G. DWYER REALTY TRUST 1 INFERVALE ROAD DEDHAM f. State 617-293-1835 i.Fax THOMAS A. AND LISA G. DWYER REALTY TRUST 1 INTERVALE ROAD DEDHAM f State 617-293-1835 i.Fax b.Last Name DWYER 02664 70.17324 W 12 MA g. Zip Code 02026 j. Email tdwyer501@gmail.com b. Last Name DWYER MA MARK b. Last Name SHOREFRONT CONSULTING 290 CENTER STREET DENNIS PORT f. State MA 508-280-8046 i.Fax g. Zip Code 02026 j.Email tdwyer50l@gmaii.com BURGESS g. Zip Code 02639 j.Email shorefronteonsulting@gmail.com 5-Total WPA Fee Paid (Automatically inserted from NOI Wetland Fee Transmittal Form): a.Total Fee Paid 364.00 b.State Fee Paid 169.50 c.City/Town Fee Paid 194.50 6.General Project Description: PROPOSED RECONSTRUCTION OF EXISTING PRE-1978 PIER, RAMP, AND FLOATS 7a.Project Type: 1.17- Single Family Home 2. f Residential Subdivision 3. r- Limited Project Driveway Crossing 4. r Commercial/Industrial 5.17 Dock/Pier 6. F Utilities 7. r Coastal Engineering Structure 8. r Agriculture (eg., cranberries, forestry) 9. r Transportation 10. r 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 310 CMR 10.53 (inland)? Page 1 of 7 * ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Transaction #:1334548 WPA Form 3 - Notice of Intent City/fown:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 1. I— Yes 1✓ 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 28031 33 B. Buffer Zone & Resource Area Impacts (temporary & permanent) i.Buffer Zone & Resource Area Impacts (temporary & permanent): 1— 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 a. r- Bank b. r Bordering Vegetated Wetland e. F- Land under Waterbodies and Waterways d. - Bordering Land Subject to Flooding e. Isolated Land Subject to Flooding f. r' Riverfront Area Size of Proposed Alteration Proposed Replacement (if any) 1. linear feet 2. linear feet 1. square feet 2. square feet 1. Square feet 2. square feet 3. cubic yards dredged 1. square feet 2. square feet 3. cubic feet of flood storage lost 4. cubic feet replaced 1. square feet 2. cubic feet of flood storage lost 3. cubic feet replaced 1. Name of Waterway (if any) 2. Width of Riverfront Area (check one) r 25 ft. - Designated Densely Developed Areas only r 100 ft. - New agricultural projects only f— 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— Yesl— No Page 2 of 7 * ELECTRONIC COPY Ci Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Transaction #:1334548 WPA Form 3 - Notice of Intent City/rown:YARMOUTH 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? r Yesr No 3.Coastal Resource Areas: (See 310 CMR 10.25 - 10.35) Resource Area Size of Proposed Alteration Proposed Replacement (if any) a.r Designated Port Areas Indicate size under Land under the ocean below, b. r 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.F- Coastal Beaches 1. square feet 2. cubic yards beach nourishment e.r- Coastal Dunes 1. square feet 2. cubic yards dune nourishment Er- Coastal Banks 1. linear feet g. T - Rocky Intertidal Shores 1. square feet h.+w Salt Marshes 60 1. square feet 2. sq ft restoration, rehab, crea. i. Pi Land Under Salt Ponds 576 1. square feet 2. cubic yards dredged j.l✓ Land Containing Shellfish 576 1. square feet k.I- Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1. cubic yards dredged I. 170 Land Subject to Coastal 672 Storm Flowage 1. square feet 4.Restoration/Enhancement 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 been entered in Section B.2.b or B.3.h above, please entered the additional amount here. a. square feet of BV W b. square feet of Salt Marsh 5.Projects Involves Stream Crossings - 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 * ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Transaction #:1334548 WPA Form 3 - Notice of Intent City/Ibwn:YARMOUTH 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 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. r Yes r 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) 1.1— Percentage/acreage of property to be altered: (a) within Wetland Resource Area (b) outside Resource Area percentage/acreage percentage/acreage 2. f Assessor's Map or right-of-way plan of site 3. r 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. r Project description (including description of impacts outside of wetland resource area & buffer zone) b. I— Photographs representative of the site c. r MESA filing fee (fee information available at: hitp://www.mass.p-ov/eea/aaencies/dfg/dfw/natural-lieritase/reaulatory- review/mass-endan eg red-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. r Vegetation cover type map of site e. r Project plans showing Priority & Estimated Habitat boundaries d. OR Check One of the following 1.1— Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, hqp://www.mass.gov/eea/agencies/dtaJdtw/laws-regulations/cmr/321-emr-1000-massachusetts-endan eg red- 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. r Separate MESA review ongoing. a. NHESP Tracking Number b. Date submitted to NHESP 3.1— 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 #:1334548 WPA Form 3 - Notice of Intent City/Town:YARMOLJTH 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. r Not applicable - project is in inland resource area only b. r Yes f No If yes, include proof of mailing or hand delivery of NOI to either: South Shore - Cohasset to Rhode Island, and the Cape & Islands: Division of Marine Fisheries - Southeast Marine Fisheries Station Attn: Environmental Reviewer 836 S. Rodney French Blvd New Bedford, MA 02744 North Shore - Hull to New Hampshire: Division of Marine Fisheries - North Shore Office Attn: Environmental Reviewer 30 Emerson Avenue 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. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? a. r- Yes I✓ No b. ACEC Name If yes, provide name of ACEC (see instructions to WPA Form 3 or DEP Website for ACEC locations). Note: electronic tilers click on Website. 4. 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. r Yes P 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. I- Yes f- No 6. Is this project subject to provisions of the MassDEP Stormwater Management Standards? a. r 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: 1. Applying for Low Impact Development (LID) site design credits (as described in Stormwater Management Handbook r Vol.2, Chapter 3) 2. A portion of the site constitutes redevelopment r- 3. Proprietary BMPs are included in the Stormwater Management System r b.r No, Explain why the project is exempt: I. Single Family Home rEmergency Road Repair Page 5 of 7 * ELECTRONIC COPY Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #: Bureau of Resource Protection - Wetlands eDEP Transaction #:1334548 WPA Form 3 - Notice of Intent City/fown:YARMOUTH 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 -family F 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. 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 of the area (along with a narrative description, if necessary) containing sufficient information for the P_ 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 Fv [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 Foim(s). r 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. r a. Plan Title: b. Plan Prepared By: e. Plan Signed/Stamped By: c. Revised Final Date: e. Scale: PLAN SHOWING DOWN CAPE PROPOSED PIER ENGINEERING AND DAN OJALA, PLS 8/9/21 1 "-20' RECONSTRUCTION SHOREFRONT AND EXTENSION CONSULTING 5. If there is more than one property owner, please attach a list of these property owners not listed on this form. r 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. P 8. Attach NOI Wetland Fee Transmittal Form. r 9. Attach Stormwater Report, if needed. r Page 6 of 7 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Fees Provided by MassDEP: MassDEP File #: eDEP Transaction #:1334548 City/1'own:YARMOUTH 1. Fee Exempt: No filing fee shall be assessed for projects of any city, town, county, or district of the 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 of the NOI Wetland Fee Transmittal Form) to confirm fee payment: Z�7 12/3of zl 2. Municipal Check Number 2 3. Check date I l3al Z 4. State Check Number y � R5. Check date I� 1 L ��ty� y• 7r6Zr 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 of the applicant in accordance with the wetlands regulations, 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 feet of the property line of the project location. y a. 1. Signature of Applicant 3. Signature of Ir Owner(if different) A/ 5. Signature o epresentati (if any) ( "(kJ• CQy� c, t P , For Conservation Commission: 2. Date 4. Date 1ZJ 36)Zoz� 6. Date Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents, two copies of the NOl 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 Bureau of Resource Protection - Wetlands WPA Form 3 - Notice of Wetland FeeTransmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Applicant Information 1. Applicant: a. First Name THOMAS A. AND LISA G. c. Organization DWYER REALTY TRUST d. Mailing Address 1 INTERVALE ROAD e. City/Town DEDHAM f. State h. Phone Number 6172931835 i. Fax 2.Property Owner:(if different) a. First Name THOMAS A. AND LISA G. c. Organization DWYER REALTY TRUST d. Mailing Address 1 INTERVALE ROAD e. City/Town DEDHAM f.State h. Phone Number 6172931835 i. Fax 3. Project Location: a. Street Address 160 MAYFLOWER TERRACE Are you exempted from Fee? r (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 • MBTA Provided by MassDEP: MassDEP File #: eDEP Transaction 4:1334548 City/Town:YARMOUTH b.Last Name DWYER MA g. Zip Code 02026 j. Email tdwyer50l @gmail.com b. Last Name DWYER MA g. Zip Code 02026 j.Email tdwyer50I ggmail.com b. City/Town YARMOUTH State agencies are only exempt if the fee is less than $100 B. Fees Activity Type Activity Activity Fee RF Multiplier Sub Total Number A.) WORK ON DOCKS, PIERS, REVETMENTS, 91 4.00 364.00 DIKES, ETC. (COASTAL OR INLAND). City/Town share of filling fee State share of filing fee Total Project Fee $194.50 $169.50 $364.00 Page 1 of 1 * ELECTRONIC COPY Notice of Intent Thomas and Lisa Dwyer, 160 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 an existing pre-1978 dwelling (1960; assessor's records). Recently, the existing railroad bridge was removed, and the restriction opened up potentially doubling the width of the river at this point. The site has a fairly steeply sloping, grass back yard, leading down to the water. At the water's edge is an established vegetated buffer of woody shrubs and grasses, leading to the upper high marsh. There is an existing concrete seawall of unknown age extending about 53 feet along the waterfront. There is salt marsh up to the bulkhead, and MHW is just seaward of the wall along its length. The salt marsh extends basically from the seawall to MLW, varying in width. To the north, after the seawall, there exists a vegetated buffer of mixed vegetation. There is an area of coastal beach to the north, but not at the current location of the pier; MLW is right at the seaward edge of the marsh, so no coastal beach exists where the pier is now. The width of the vegetation varies a little along the shoreline. The beach bottom is fairly firm at first, with a gentle, constant slope. There is an existing 3' wide pier, with a ramp, and 2 floats on the property, currently located about 53 feet from the northern property line. A review of Google Earth aerials indicate that the pier was in a different location than presently. There is a 1971 historic aerial that shows the pier located where it is now, and also shows the existing concrete seawall clearly. However, before 2012, the pier was located about 27 feet further to the north, less than 25 feet from that property line. It is not known when the pier was moved from its 1971 location to that location, but the 2012 -2014 Google Earth aerials clearly show that it was moved sometime after 2012, and before 2014. See series of photos below for the sequence. However, the 1971 aerial shows the pier in its current location. The Dwyers have owned the property since March of 2014, and the pier was in the old location at that time. Since then, the owner moved the pier in 2014 to the current location, further away from the north property line. The agent noticed the movement on Google Earth, and issued a violation for an unpermitted pier. The water depth was surveyed to assess whether a new pier would meet the current bylaws. Just over 3.2 feet of water was found 80 feet out from the pier in the current location. 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 at the site. Proposed Work The purpose of this project is to reconstruct the existing pier, ramp, and float in its current location and extend it so that there is sufficient water depth to meet the current regulations. This requires the pier to be extended approximately 25 feet further out, and then use the existing Yx14' ramp, extending onto a 4'x10' float that is perpendicular to the beach, and then use a 8' x 20' float at the end, parallel to the shore. This mimics the configuration that is there now, but extends it out to sufficient water depth and remains within the 200 maximum float square footage allowed by the local regulations. While the previous pier was supported by a rickety set of pipe piles, the proposed pier is supported by properly designed permanent fiberglass piles. The existing pier is of sufficient height to allow the required 5 feet of clearance at MHW to the underlying structural member. The new pier will be at this same height at first, but then drop down 2.4 feet (about 4 steps) after the pier reaches the end of the marsh. This is to minimize the steepness of the short 14-foot ramp. Other piers in the area have used a 20-foot ramp to offset this slope at low tides, but the owner wishes to reuse this ramp, so the pier will be dropped down after the marsh as indicated on the project plan. There is only sediment under the pier at this point; there is no vegetation under the pier other than the salt marsh, where the pier has adequate clearance over the marsh in that area. Page 1 of 6 Notice of Intent Thomas and Lisa Dwyer, 160 Mayflower Terrace, South Yarmouth, MA 1971 aerial showing existing pier, ramp, and float in its current location (use the dwelling as a reference point) 2012 Google Earth aerial showing pier in northern location 2014 Google Earth aerial showing pier in current location Page 2 of 6 Notice of Intent Thomas and Lisa Dwyer, 160 Mayflower Terrace, South Yarmouth, MA Tidal Range 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' NAVD88. 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 NAVD88 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 John Lowell of East Dennis Oysters on March 22, 2021 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 56 Quahogs, 19 Cherrystones, and 8 littlenecks were found in 54 (3'x3') plots; a density of approximately 1.53 shellfish per plot, and 0.17 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 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. Variance Request The proposed structure is a pier, ramp, and float. The current setback requirement for new piers is 75 feet from adjacent piers and piers. The previous location of the pier would have been approximately 27 feet from the other pier to the north. Now that the pier is in its new location, the setback has more than doubled to 57.4 feet, with about 112 feet to the pier to the south. Given the small embayment of Dinah's Pond, and the size of boat that can transit into this area, there is sufficient distance between the two piers to allow safe boating. There is a variance request to apply for relief from the 75-foot setback requirement from the pier to the north that is included in this filing. Alternatives Analysis (Discussion of Options) Page 3 of 6 Notice of Intent Thomas and Lisa Dwyer, 160 Mayflower Terrace, South Yarmouth, MA Option 1- Do nothing If nothing is done at this site, the applicant would have access to the water over the existing lawn, and down to the beach where the pier used to be. 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 pier, ramp, and float in its recent location to the north. This option would restore the pier in its previous position to the north. This would mean that the pier is closer to the property line, perhaps within the 25-foot setback required by the State (Chapter 91). While the 25-foot property line setback is preferential, if the setback can be met, it's better for everyone involved. Further, the pier would be closer than 25 feet to the pier to the north, potentially creating a navigation hazard. Therefore, placing the pier in its pre- 2014 location would decrease setbacks and make permitting more difficult. Therefore this is not a preferred option. Option 4 — Install the pier at a location that meets both 75-foot setbacks. While this option is possible, it puts the pier along the existing concrete seawall, at approximately in the middle of the existing patio. This is not a desirable location, since if you are on the patio, the pier would be in direct view of anyone on the patio. Further, the marsh extends a few feet seaward in this location, so the pier would be over more marsh than it is now. While this is permittable, it is not desired because of the location, and as you go further to the south, the bottom gets a little shallower. There might not be enough depth to meet the regulations in that location. 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 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, with the exception of one setback to the pier to the north. There are no large boats in this bay, and navigation is not an issue. The pier is designed to meet all the regulations, protect the relevant resource areas, and provide access to the waterway at a location that has been used since 2014. Overall, it seems to make sense that if the pier can be approved in its current location (certainly an improvement over the old location), it is best suited for the environment and the owners. 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. 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 pier (the upper landing exists now), the ramp and the floats. 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 12 feet from MHW to MLW in the location of the pier, and varies a little along the shoreline. The vegetation is a little mixed in this area; with the uppermost portions against the concrete seawall being woody shrubs, grasses, and transitioning to Salt Marsh. Page 4 of 6 Notice of Intent Thomas and Lisa Dwyer, 160 Mayflower Terrace, South Yarmouth, MA The proposed pier extends over this resource area, with no piles located in the marsh. The elevation of the pier 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). Coastal Beach — While there is coastal beach on this site, there is no work proposed on the beach area. 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 act of shellfishing repeatedly disturbs beach sediments and the shellfish habitat each time the area is fished. 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. 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. Page 5 of 6 Notice of Intent Thomas and Lisa Dwyer, 160 Mayflower Terrace, South Yarmouth, MA 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. 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 6 of 6 �• � .. • ' , .•Ire cr, d1 -i 0 N N N \ M c O :N f0 U 0 c L U V) N c O E a� E E V) a� a� V) c U O bn Ln Ln X N O 0 O t d John Lowell P. O Box 501 South Dennis, MA 02660 SITE LOCATION: 160 Mayflower Terrace, So. Yarmouth, MA DATE: March 22, 2021 TIDE: Low, coming WEATHER: 60 degrees, sunny SITE CONDITIONS The site consists of a sloped bank down to a concrete retaining wall to a stretch of marsh grass to a sandy beach to MLW. The water body does not have a significant tidal flush or a large amount of vessel traffic or moorings. There is a dock with a float and four steel piles. Ribbed mussels are abundant in marsh grass. No eel grass was present on this site. TECHNIQUE 54 3'X3' sample plots were established and sampled at approx. 10' intervals from MLW to the 80' mark. A standard quahog rake lined with''/2" mesh was used for all sampling plots. There is a significant shellfish population beyond MLW. There is a significant ribbed mussel population above MLW. There is a 10' wide sandy beach with worm holes and sporadic quahogs. A healthy quahog population extends out to 90' from MLW. At this point the bottom changes from fairly hard to fairly soft "black mayo". John Lowell P. O Box 501 South Dennis, MA 02660 March 22, 2021 TO: Conservation Commission FROM: John Lowell SUBJECT: Shellfish Survey, 160 MAYFLOWER TERRACE SO. YARMOUTH SURVEY DATE: MARCH 22 2021 CREDENTIALS AND EXPERIENCE of SURVEYOR: Shellfishing is the surveyor's 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 � LL O Q =MCJCI rr-I 0 0 0 0 N z Y 2 N cr w Q rI V N O-1 O t= cf m N -] 2 � Y Q 2 z N O 2 p U VV)j rI U U o 0 o LUoa `�2UrIN•� (7 Z Q } U J a' O N c N W a w cc ix2 N z z 2 a F-- < U O U U N U U U W W � � r-I N r-I > Z)J O V) LL N Q J w 2 N O �.o r-I m cl Y Q cr 2 U, Z rJ-I C( O O O = c N ei V Y 2 N 2 r-I 2 U z 2 r Z J Q c7 M� r r-I r-0 cr r -I O O O JLLJ C, cn N�. W Z N N LLJ Y N 0 N U Lu O O oC Q C7 = Z . 2 O Lu a O H t7 ac LU C p J o m 0 W 0 n 0 t0 0 N 0 0 m 0 N o r-I p Ne U U 199 w N IL 11 0InUUZ Q II II p O W nwICUA it 2 II C �j 0 11 � t E) W 4ya O Ll) c c o N NE O >� D c� Q a41 O _c j 41 O � o � v O N < U, a o n w E Ln L C CL L N LA C !a t tun O O c � Q II c a �o 'c L LL � Ui L 0 C c W 2 W a `0 c a m m y O UlL U+ o t c +� y LL c L o � 0 c 0 0 m y o V Ln }' y cu OC C 910 M fa W -1 0 Q) > pn. 5 y Q w J Z Q O Q a e Ln w UFz CD V w O q mz J LL a d x o co x C N FUcd o Ul 0 G COD cd to o 0 7ri� LOa J v 2 O x O , W ¢ Z w j 2 z U— U- C:) Q = off. � c°, ° o ; vm UI U «mm C U O N •.: 0, y ... =�aoi WC• m C O C O EL m'o`� E .o g:2 � UJm w CO � < 6 u � i al °o 3Eyas oa�� M. �� N w;� i G"«�I � vy�� Om `mE-y 0-.cm P J E ucic�zo E c c o Q N w= t v w g p Zia... _ tip � va.�am m ap0'a W �~ obdccau 3 J2 E a €d,00< FL -arc C C � Jvi 47 N � m •C �` o �`� x 7v 8.0 C � O L `D« 6 0 E �o/ ?n +�: m F- o � E ` z o 8 ilo >.LL r h o s m u a E v ® o E m C O N W N � 2 N N m N , �3`aaa Shorefront Consulting III 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 Thomas and Lisa Dwyer with the Yarmouth Conservation Commission on January 6, 2022 for the property located at 160 Mayflower Terrace, Map 120, Parcel 12 in Yarmouth, MA. The project is for the proposed reconstruction and extension of an existing 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, Mark Burgess Shorefront Consulting Enclosures: As Stated cc: Yarmouth Conservation Commission Thomas and Lisa Dwyer (Applicants) Shorefront r Consulting Im 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: Thomas and Lisa Dwyer 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 160 Mayflower Terrace D. Proposed work is the reconstruction and extension of an existing 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/ 8/ PARKER RONALD III 155 MAYFLOWER TERR SOUTH YARMOUTH, MA 02664 120/ 9/ DEGIAOMO LUCIA 165 MAYFLOWER TERR, YARMOUTH PORT, MA 02675 120/ 101 RUDZINSKI NEIL TR N R NOMINEE TRUST 170 MAYFLOWER TERR SOUTH YARMOUTH, MA 02664 120/ 11/ FITZGERALD ROBERT M III FITZGERALD EVELINA ANNE 166 MAYFLOWER TERR, YARMOUTH PORT, MA 02675 120/ 12/ / DWYER THOMAS A TRS DWYER LISA G TRS 1 INTERVALE RD DEDHAM , MA 02026 120/ 13/ NELSON ROSALIE J MAJEWSKI MICHAEL 546 AIRLINE RD S DENNIS, MA 02660 120/ 14/ MACHUNSKI JANET K TRS KELLY ROBERT E JR & KATHLEEN J T 146 MAYFLOWER TERR SOUTH YARMOUTH, MA 02664 Please use this signature to certify this list of properties abutting within 100' of the parcel located at: 160 Mayflower Terr., Yarmouth Port, MA 02675 Assessors Map 120, Lot 12 Andy Ma ado, Director of Assessing October 18, 2021 Shorefront r Shorefront Consulting Professional Services on Land or At Sea 290 Center St., Dennis Port, MA 02639 508-280-8046 Yarmouth Conservation Commission Attn: Kelly Grant 1146 Route 28 South Yarmouth, MA 02664-4492 By hand delivery www.shorefrontconsulting.com shorefrontconsulting@gmail.com January 6, 2022 Re: Notice of Intent Application Filine Package: Reauest for Variance from 75-foot Setback: Proposed Reconstruction and Extension of Existing Pier, Ramp, and Float in Dinah's Pond Thomas and Lisa Dwyer 160 Mayflower Terrace South Yarmouth, MA 02664 Map 120, Parcel 12 On behalf of my clients, Thomas and Lisa Dwyer, I am requesting a variance from the 75-foot setback requirement for Tidal and Estuarine Docks and Piers as stated in the Yarmouth Wetlands Bylaw, Part 2, paragraph 2.01 (10) (a). The pre-1971 dock was relocated back to its original position (at least where it was in 1971) in 2014, and is now 57.4 feet from the abutting pier to the north, and 112 feet to the southern adjacent pier. It is not known how long the pier was in the previous location before it was relocated. The current setback requirement for new docks is 75 feet from adjacent docks and piers. The proposed pier is relocated about 25 feet farther away from the north dock from where it was for some time. It is 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 adjacent boat owners. The variance is being requested to provide relief against the 75-foot setback because locating the pier further to the south places it in front of the concrete seawall, which is at a different height than the dock. This would require further modification to the pier or the edge of the concrete seawall. As presented in the project narrative, that location would not be suitable because of the location of the existing patio that is in the same location as where the 75-foot setback would place the pier. Since Dinah's Pond is such a limited boating use, with no "through traffic", and the size of the inlet limits the size of the boats in this embayment, it is not necessary to keep 75-feet from an adjacent dock; the boats aren't big enough to require that much navigation room. Given the boating limitations of Dinah's Pond, granting this variance will not cause a hardship to the abutters. Further, the project was reviewed by the Waterways and Shellfish Advisory Committee on September 8, 2021, and received support for the proposed project in the existing location. Therefore, while moving the pier to meet the 75-foot setback requirement is feasible, the existing concrete seawall makes the option impractical, given the lesser need for such a setback in this location. Therefore, the applicants are requesting that a variance can be approved for this site with the pier located where it is now. Please include this request with the NOI that is also being filed for your January 20, 2022 public hearing. If there are any questions or concerns regarding this request, please contact me as soon as possible. Sincerely, Mark Burgess Shorefront Consulting cc: Thomas and Lisa Dwyer (Applicants)