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P.O. Box 4012, Plymouth, Massachusetts 02361 617-529-3792 | www.ecrwetlands.com
PERFORMANCE STANDARDS ANALYSIS MEMO
TO: Town of Yarmouth Conservation Commission
FROM: Brad Holmes
DATE: May 16, 2025
RE: 2 Buttercup Lane, Yarmouth
Environmental Consulting & Restoration LLC (ECR) is pleased to submit this performance standard analysis
to accompany the Notice of Intent (NOI) application filed for the proposed dock reconstruction project at 2
Buttercup Lane in Yarmouth (the site). More specifically, the analysis details the proposed project ’s
compliance with the state and local wetland performance regulations as well as the Mass DEP’s Guide to
Permitting Small, Pile-Supported Docks and Piers. The site is referenced by the Yarmouth Assessor’s
Department as parcel #119-13. The site is located to the north of Buttercup Lane along the southern shore of
Follins Pond and consists of a residential property with an existing home that is under reconstruction (DEP
File #SE083-2340). The proposed project involves the reconstruction of an unlicensed (Chapter 91
Waterways Program) dock, which has been in existence since the early 1960’s, to provide recreational access
to Follins Pond for the property owner. Historic photographs have been included as an attachment to this
memo to document the dock’s existence onsite. ECR has reviewed the Dock Re-development Plan prepared
by Wet Tech Land Design, Inc. (the plan). The proposed plan includes elevated stairs to traverse the Coastal
Bank, which leads to a 4-foot-wide dock that extends 42 feet into Follins Pond from Mean High-Water. The
proposed dock will be supported by 10-inch diameter wooden piles. As proposed, the dock will utilize Thru-
Flow composite decking to maximize the sunlight penetration to the surface below .
ECR has reviewed the site conditions and available mapping to confirm that the site contains the following
wetland resource areas and areas of Conservation Commission jurisdiction (moving from Follins Pond
landward):
• Land Under the Ocean
• Land Containing Shellfish
• Coastal Beach
• Salt Marsh
• Coastal Bank
• Land Subject to Coastal Storm Flowage
• the 100-foot Buffer Zone to the top of the Coastal Bank
Also, a review of the MassMapper database reveals the following:
1. The site is not located within Estimated/Priority Habitat for Rare Species according to the
Massachusetts Natural Heritage & Endangered Species Program (MaNHESP).
2. The site does not contain Certified Vernal Pools according to the MaNHESP.
3. The site does not contain a U.S.G.S. mapped stream.
4. The site is not located within an Area of Critical Environmental Concern.
5. The site is mapped within a conditionally restricted Shellfish Growing Area.
6. The site is mapped to contain Quahog and Softshell Clam within the Shellfish Suitability Areas.
P.O. Box 4012, Plymouth, Massachusetts 02361 617-529-3792 | www.ecrwetlands.com
In order to clearly detail the proposed project’s compliance with applicable performance standards, the
sections below have been divided to identify compliance with the Massachusetts Wetland Protection Act
Regulations and the Town of Yarmouth Wetland Regulations.
Compliance with the MA Wetland Protection Act Regulations (310 CMR 10.00):
This section details the proposed projects compliance with the state’s wetland regulations, 310 CMR 10.00,
and the applicable performance standards. The applicable performance standards have been copied in italics,
followed by details regarding compliance.
Land Under the Ocean – 310 CMR 10.25 (3) through (7)
(3) Improvement dredging for navigational purposes affecting land under the ocean shall be
designed and carried out using the best available measures so as to minimize adverse effects on
such interests caused by changes in…
Not applicable; no dredging is proposed.
(4) Maintenance dredging for navigational purposes affecting land under the ocean shall be
designed and carried out using the best available measures so as to minimize adverse effects on
such interests caused by changes in marine productivity which will result from the suspension or
transport of pollutants, increases in turbidity, the smothering of bottom organisms, the accumulation
of pollutants by organisms, or the destruction of marine fisheries habitat or wildlife habitat.
Not applicable; no dredging is proposed.
(5) Projects not included in 310 CMR 10.25(3) or (4) which affect nearshore areas of land under the
ocean shall not cause adverse effects by altering the bottom topography so as to increase storm
damage or erosion of coastal beaches, coastal banks, coastal dunes, or salt marshes.
The proposed dock reconstruction project has been designed to utilize 10 -inch wood piers to
support the dock – there will be no alteration of the bottom topography.
(6) 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…
The proposed dock reconstruction project is water-dependent and has been designed using the
best available measures. It has been designed in a typical fashion for docks/piers in the area with
P.O. Box 4012, Plymouth, Massachusetts 02361 617-529-3792 | www.ecrwetlands.com
wood support piers, Thru-Flow decking, and utilizing minimum dimensions to accommodate safe
and adequate access to Follins Pond.
(7) Notwithstanding the provisions of 310 CMR 10.25(3) through (6), no project may be permitted
which will have any adverse effect on specified habitat sites of rare vertebrate or invertebrate
species, as identified by procedures established under 310 CMR 10.37.
Not applicable; the proposed project Is not located within specified habitat sites of rare vertebrate or
invertebrate species as identified by the MA Natural Heritage & Endangered Species Program.
Coastal Beaches – 310 CMR 10.27 (3) through (7)
(3) Any project on a coastal beach, except any project permitted under 310 CMR 10.30(3)(a), shall
not have an adverse effect by increasing erosion, decreasing the volume or changing the form of
any such coastal beach or an adjacent or downdrift coastal beach.
The proposed project dock crosses only a small section of Coastal Beach between the Salt Marsh
and the toe of the Coastal Bank. It appears that at the most, two wooden support pi les will be
located within the Coastal Beach. The proposed project does not propose any changes to the form
or volume of the Beach.
(4) Any groin, jetty, solid pier, or other such solid fill structure which will interfere with littoral drift, in
addition to complying with 310 CMR 10.27(3), shall be constructed as follows…
Not applicable; no Coastal Engineering Structure (CES) proposed.
(5) Notwithstanding 310 CMR 10.27(3), beach nourishment with clean sediment of a grain size
compatible with that on the existing beach may be permitted.
Not applicable; no nourishment proposed.
310 CMR 10.27 (6) and (7) and not applicable; the proposed project footprint is not located within a
tidal flat.
Coastal Banks – 310 CMR 10.30 (3) through (8)
(3) No new bulkhead, revetment, seawall, groin or other coastal engineering structure shall be
permitted on such a coastal bank except that such a coastal engineering structure shall be
permitted when required to prevent storm damage to buildings constructed prior to the effective
date of 310 CMR 10.21 through 10.37 or constructed pursuant to a Notice of Intent filed prior to the
effective date of 310 CMR 10.21 through 10.37 (August 10, 1978), including reconstructions of such
buildings subsequent to the effective date of 310 CMR 10.21 through 10.37, provided that the
following requirements are met…
P.O. Box 4012, Plymouth, Massachusetts 02361 617-529-3792 | www.ecrwetlands.com
Not applicable; no CES proposed.
(4) Any project on a coastal bank or within 100 feet landward of the top of a coastal bank, other
than a structure permitted by 310 CMR 10.30(3), shall not have an adverse effect due to wave
action on the movement of sediment from the coastal bank to coastal beaches or land subject to
tidal action.
The proposed dock reconstruction project will traverse the Coastal Bank with an elevated stairway
supported by 4”x4” wooded posts. The elevated stairway has been approved by the Commission
will have no effects on the existing wave action or the movement of sediment from the Coastal
Bank.
(5) The Order of Conditions and the Certificate of Compliance for any new building within 100 feet
landward of the top of a coastal bank permitted by the issuing authority under M.G.L. c. 131, § 40
shall contain the specific condition: 310 CMR 10.30(3), promulgated under M.G.L. c. 131, § 40,
requires that no coastal engineering structure, such as a bulkhead, revetment, or seawall shall be
permitted on an eroding bank at any time in the future to protect the project allowed by this Order of
Conditions.
Not applicable.
(6) Any project on such a coastal bank or within 100 feet landward of the top of such coastal bank
shall have no adverse effects on the stability of the coastal bank.
The approved elevated stairway to provide access to the dock has been designed to avoid the
destabilization of the Coastal Bank. The elevated stairway will be supported by 4”x4” wooden posts.
The support posts will be installed by hand to avoid any disturbance beyond the footprint of the
posts. Mitigation activities have been approved within the buffer zone to the Coastal Bank to
improve the stability of the Coastal Bank using native plantings. The proposed design, the
construction methodology, and the mitigation will ensure that there will be no adverse effect on the
stability of the Coastal Bank.
(7) Bulkheads, revetments, seawalls, groins or other coastal engineering structures may be
permitted on such a coastal bank except when such bank is significant to storm damage prevention
or flood control because it supplies sediment to coastal beaches, coastal dunes, and barrier
beaches.
Not applicable; no CES proposed.
(8) Notwithstanding the provisions of 310 CMR 10.30(3) through (7), no project may be permitted
which will have any adverse effect on specified habitat sites of rare vertebrate or invertebrate
species, as identified by procedures established under 310 CMR 10.37.
P.O. Box 4012, Plymouth, Massachusetts 02361 617-529-3792 | www.ecrwetlands.com
Not applicable; the proposed project is not located within specified habitat sites of rare vertebrate or
invertebrate species as identified by the MA Natural Heritage & Endangered Species Program.
Salt Marsh – 310 CMR 10.32 (3) through (6)
(3) A proposed project in a salt marsh, on lands within 100 feet of a salt marsh, or in a body of
water adjacent to a salt marsh shall not destroy any portion of the salt marsh and shall not have an
adverse effect on the productivity of the salt marsh. Alterations in growth, distribution and
composition of salt marsh vegetation shall be considered in evaluating adverse effects on
productivity. 310 CMR 10.32(3) shall not be construed to prohibit the harvesting of salt hay.
The proposed project has been designed and located in an area of the site so as to avoid impacts
to the Salt Marsh to the maximum extent possible. The proposed elevated dock crosses over a very
small portion of Salt Marsh at the site as depicted on the plan. Furthermore, the proposed project
utilizes Thru-Flow decking to maximize the amount of sunlight penetration to the Salt Marsh below.
The proposed pier is also within a north south orientation, which allows more sunlight to pass under
the structure throughout the day.
(4) Notwithstanding the provisions of 310 CMR 10.32(3), a small project within a salt marsh, such
as an elevated walkway or other structure which has no adverse effects other than blocking sunlight
from the underlying vegetation for a portion of each day, may be permitted if such a project
complies with all other applicable requirements of 310 CMR 10.21 through 10.37.
Per this standard, the proposed project may be permitted within the Salt Marsh. Furthermore, the
proposed project utilizes Thru-Flow decking to maximize the amount of sunlight penetration to the
Salt Marsh below. The proposed pier is also within a north south orientation, which allows more
sunlight to pass under the structure throughout the day.
(5) Notwithstanding the provisions of 310 CMR 10.32(3), a project which will restore or rehabilitate a
salt marsh, or create a salt marsh, may be permitted in accordance with 310 CMR 10.11 through
10.14, 10.24(8), and/or 10.53(4).
Not applicable; no restoration proposed. The planting of Salt Marsh plugs could be performed to
improve existing conditions upon request.
(6) Notwithstanding the provisions of 310 CMR 10.32(3) through (5), no project may be permitted
which will have any adverse effect on specified habitat sites of Rare Species, as identified by
procedures established under 310 CMR 10.37.
Not applicable; the proposed project Is not located within specified habitat sites of rare vertebrate or
invertebrate species as identified by the MA Natural Heritage & Endangered Species Program.
P.O. Box 4012, Plymouth, Massachusetts 02361 617-529-3792 | www.ecrwetlands.com
Land Containing Shellfish – 310 CMR 10.34 (4) through (8)
ECR notes that a larger proposed project at the site was reviewed by the MA Division of Marine Fisheries as
evident by their March 6, 2024 letter. ECR recommends that the proposed project includes the
recommendations of the Division of Marine Fisheries to protect the Land Containing Shellfish. If the
recommendations can be incorporated, it is expected that the proposed dock reconstruction project will meet
the performance standards for work in Land Containing Shellfish. Additionally, the shellfish survey performed
at the site indicates a lack of shellfish within the project footprint. Nevertheless, the applicant is willing to
provide mitigation by way of a monetary contribution to the Town of Yarmouth for a shellfish reseeding fund.
Compliance with the Town of Yarmouth Wetland Protection Regulations:
This section details the proposed project’s compliance with the Town’s wetland regulations and the applicable
performance standards. The applicable performance standards have been copied in italics, followed by details
regarding compliance.
Part 3.01 Performance Standards for Tidal and Estuarine Docks and Piers
(1) New, modified, and rebuilt piers shall display a permanently attached sign, no greater than 1
square foot or smaller than 6x6 inches, facing open water at the end of the pier farthest from land
showing the DEP issued permit number and the street address at the property upon which the dock
is located.
The proposed dock will include this signage.
(2) New and rebuilt piers shall be constructed to minimize the blocking of sunlight to shellfish beds
and grasses. Piers shall have planks running across the width with minimum spaces of 1 inch
between planks. Alternative materials that maximize light penetration, such as grated decking, may
also be used. Piers will be a maximum of 4 feet wide, measured inside pile to inside pile for regular
docks, and measured by deck width for monopole docks.
The proposed dock has been designed to utilize grated decking (Thru-Flow) to maximize light
penetration.
(3) Piers shall not require the elimination of existing public or commercial moorings. Piers and or
vessels moored thereto shall not project into or impede navigation to and from a channel, pier/dock,
boat ramp, mooring area, town landing, town dock, or commercial marina.
No moorings are proposed to be eliminated, nor does the proposed dock location impede access to
navigational features.
P.O. Box 4012, Plymouth, Massachusetts 02361 617-529-3792 | www.ecrwetlands.com
(4) To decrease shading impacts, new and rebuilt piers shall be constructed to achieve a minimum
height to width ratio of 1.5:1 across the full extent that overlies any salt marsh present. This will be
measured between the lowest horizontal stringer and the salt marsh.
As designed, the proposed dock has been designed to be at least 6 feet above the Salt Marsh
(1.5:1 ratio compared to the 4-foot width).
(5) Piers shall be constructed to not interfere with any longstanding public recreational use of the
waterway, e.g., an area used by sailboats tacking through a narrow waterway, or an area used by
boaters or others because of unique wind or current conditions. Docks and piers shall not interfere
with public access to or from a town way to water, nor impact town beaches and swimming areas.
The proposed dock is tucked along the southern shore of Follins Pond and will not interfere with
any public use of the waterway. The dock extends only 42 feet seaward from Mean High-Water.
(6) Public right of passage by foot across the beach in the intertidal zone, where permitted for
purposes of fishing and fowling under the Public Trusts Doctrine of the Colonial Ordinance, must be
maintained.
Public access has been maintained by providing approximately 6 feet of clearance under the
proposed dock.
(7) The base of the pier must be as close as possible to the center line of the lot, and project
outwards at an angle as nearly perpendicular to the shoreline as possible.
The proposed project is located within the footprint of the existing dock near the western portion of
the site. This portion of the site also contains the narrowest section of Salt Marsh and
reconstructing the dock in this location minimizes impacts. The proposed dock is nearly
perpendicular to the shoreline.
(8) Lights on piers, except lights necessary for safe navigation, shall be at least 12 feet apart, a
maximum of 25 watts incandescent (or LED equivalent), and no greater than two feet above the
deck. Lights shall be directed downwards and shielded so as not to impair vision of persons
navigating in the area, and to avoid disturbing abutting property owners and potentially disrupting
wildlife behavior. The lights may not utilize timers and should be switched at the beginning and end
of the dock.
No lighting is proposed at this time.
(9) Common “shared-use” docks/piers are encouraged as a way of preserving access by shorefront
property owners while reducing the overall number of docks and piers that might be otherwise
permitted. A common “shared-use” dock/pier is a waterdependent structure serving two or more
contiguous waterfront properties where each of the contiguous lots would qualify for an individual
private dock. They may include abutting properties with deeded or trust rights to the waterfront
P.O. Box 4012, Plymouth, Massachusetts 02361 617-529-3792 | www.ecrwetlands.com
properties. An essential element of any common dock shall be a finding by the Commission that
the number of potential docks in the immediate area has been permanently reduced as
demonstrated by the legal documentations submitted with the application. Common docks/piers
shall include but not be limited to yacht clubs, associations, governmental piers or public marinas
and private marinas. All common dock/pier applicants shall file the appropriate deed restriction
allowing for deeded easements and the prohibition of dock construction on the non-host
property(s).
The proposed dock is not a “shared-use” dock
(10) The maximum length of dock, pier and float configurations shall not be greater than 80 feet
from Mean High Water.
The proposed dock extends only 42 feet from mean high-water. The proposed dock has been
reduced from previous designs to minimize occupation of the waterway.
(11) The water depth at the seaward side of the dock and associated floats shall be no less than 3
feet at Mean Low Water (MLW), and this minimum depth must be available between the proposed
structure and navigable channels during MLW. The depth of water on the landward side of the float
shall be no less than 2 1/2 feet. No new dock/pier with or without a float shall be located in an area
that does not meet the minimum 3-foot water depth without dredging. Boat lifts must meet the 3-foot
minimum water depth at MLW at the point on the lift where the boat would enter the water, not the
furthest seaward portion.
The dock/pier is not a new dock. This dock has been at this property since the 1960s and predates
the Town of Yarmouth Wetland Regulations. At Mean Low Water, the water depth at the seaward
side of the dock is approximately 2 feet. The project has been designed to provide adequate access
for the property owners water vessels which do not require 3 feet depth. Furthermore, the length of
the dock has been minimized to the maximum extent possible.
(12) New proposed docks, piers and floats (as defined in these regulations) will not be allowed
within:
(a) 75 feet, of adjacent docks, piers and floats, with the exception marinas.
(b) 100 feet, of a navigable channel or boat mooring.
(c) 250 feet, from a public boat ramp, public landing, or public swimming beach.
(d) No new pier or float system shall be located closer at any point than 25 feet to a
property line, except, for a pier jointly owned and used by 2 or more contiguous shorefront
properties, or written permission from the abutters is obtained in order to minimize
environmental impacts such as the need for dredging. The 25 foot setback shall be
measured from the outermost property lines of the applicable properties.
P.O. Box 4012, Plymouth, Massachusetts 02361 617-529-3792 | www.ecrwetlands.com
Similar to the comment above. This dock/pier is not a new dock. This dock has been at this
property since the 1960s and predates the Town of Yarmouth Wetland Regulations. The proposed
dock complies with 3.01(12)(a) through (c) – the proposed dock is more than 75 feet from the dock
at 6 Buttercup Lane, more than 100 feet from the navigable channel between Follins Pond and
Kelly’s Bay, and more than 250 feet from any public boat ramp, landing or swimming beach. The
proposed dock complies with 3.01(12)(d) to the greatest extent practicable as required by 3.01(22).
At the closest point, the proposed dock is approximately 14 feet from the western property line (18
feet at the furthest point). The is proposed within the 25-foot property line setback to minimize
disturbance to the Salt Marsh and minimize the length of the dock to reach appropriate water
depths.
(13) Where the project includes the use of floats, the combined size of all floats shall be consistent
with the impact of the entire project on the protected values at the site, but not greater than 200
square feet with the exception for Common “Shared-use” Dock/Pier proposals that may not exceed
300 square feet. Standards shall be set for yacht clubs, association marinas, governmental piers or
public and private marinas on a case-by-case basis.
The proposed project does not include a float.
(14) All personal watercraft (including jet ski) and modular floats shall be included within the 200
square foot combined float limit. Personal watercraft (including jet ski) floats shall not be attached to
the landward side of a float unless it meets the 3-foot depth of water requirement.
No float is proposed.
(15) All personal watercraft (including jet ski) lifts and boat lifts shall have no decking, cover, walls,
or roof.
Not applicable; no lift proposed.
(16) Seasonal components, including but not limited to floats and ramps, dinghies, kayaks etc...
shall be removed from the water between November 1 and April 1 annually and stored above the
mean high water lines. There shall be no items stored upon resource areas including salt marsh
areas, bordering vegetated wetlands, coastal dunes, or coastal banks under any circumstances.
Acknowledged.
(17) Proposed expansion of existing docks, piers and floats shall only be allowed where there is no
encroachment into navigable channels, mooring areas, or public swimming beaches. In addition,
proposed expansion shall not occur beyond 80 feet from Mean High Water as outlined above or
exceed the maximum allowed square foot float limitation.
The proposed dock extends only 42 feet into Follins Pond from Mean High-Water. A future
proposed expansion, if applicable, would require new permitting with the Conservation Commission.
P.O. Box 4012, Plymouth, Massachusetts 02361 617-529-3792 | www.ecrwetlands.com
(18) The Commission recommends the use of sustainable materials that offer newer technology
and provide an ecological betterment to the Resource Area. Preference will be given to mono pole
construction. Only non-CCA (Chromated copper arsenate), material may be used in the
construction of the dock. Lead caps are not permitted. No creosote treated materials may be used.
CCA piles and structural timber three inches or more in thickness may continue to be used until
such time as the Commission determines that suitable alternatives exist.
No CCA timber will be used. Thru-Flow decking technology has been incorporated into the design
to increase light penetration below the dock.
(19) Notwithstanding these criteria, certain areas shall be designated “No Dock/No Mooring Zones”.
“No Dock” and “No Mooring Zones” are depicted on Yarmouth GIS maps #’s 1 through 7 entitled
“Yarmouth Conservation Commission, No Dock/No Mooring Areas”. These maps may be updated
periodically, and the most current version of these maps will be available on the Conservation
website.
The proposed project is not located within a designated no-dock zone.
(20) Notwithstanding section 3.01, 4(a), 1 thru 19, public projects that enhance fishing, fowling and
navigation may be allowed on a case-by-case basis when an overriding public benefit has been
demonstrated.
Acknowledged.
(21) Existing legal docks and piers that are destroyed by natural causes may be reconstructed,
provided they meet the current regulations to the greatest extent practicable, as determined by the
Commission. Such re-construction must be filed for in the form of a Notice of Intent within 3 years of
the destruction in order to qualify for re-construction.
An existing, dilapidated dock does exist on the site, which has been documented by aerial imagery,
current photographs, and letters from previous owners attesting to its presence (see the historic
photographs attached for more information).
(22) Existing permitted structures (holding an approved Order of Conditions or for which a
Certificate of Compliance has been issued, or for which construction pre-dates the promulgation of
the relevant regulations) shall not be reconstructed, improved, modified, or extended without the
approval of the Commission and compliance with the current regulations to the greatest extent
practicable, as determined by the Commission. Unpermitted structures shall not be reconstructed,
improved, or extended without the approval of the Commission and compliance with the Bylaw and
the current Regulations.
The applicant is seeking approval as proposed in this Notice of Intent application.
P.O. Box 4012, Plymouth, Massachusetts 02361 617-529-3792 | www.ecrwetlands.com
(23) Repair and Maintenance: Minor repair and maintenance is permitted through an issued order
of conditions. The Commission must be notified in writing of any repair or maintenance proposed for
greater than 20% of the dock, or any in-water supports. Replacement materials must meet the
current regulatory requirements.
Acknowledged.
(24) The project plans and documentation shall include the following…
Please see the plans and documentation included in the NOI.
Compliance with Mass DEP’s Guide to Permitting Small, Pile-Supported Docks and Piers:
Mass DEP’s Guide was specifically designed for anyone interested in designing or building a small pile -
supported dock or pier or other small water-related structure that would be an accessory to a place of
residence. It is also a helpful document for local and government officials, such as Conservation
Commissions, who are responsible for the permitting of such structures. The recommendations set forth by
the guide are consistent with the MA Wetland Protection Act and the Public Waterfront Act (Chapter 91
Waterways Law). The recommendations have been copied below in italics, followed by details regarding
compliance.
Waterways Design Recommendations
Protection of Navigation in all Waterways
The proposed dock has been designed with the following considerations to protect navigation:
• Designed to be as short as possible to achieve purpose and safe berthing,
• Does not intrude into a navigable channel or more than 25% across the waterbody,
• Does not impair lines of sight for interfere with the public’s access rights, and
• Does not generate water-borne traffic that substantially interferes with other vessels.
Protection of Lateral Access Along the Shoreline
The proposed structure has been designed to include public access under the dock to protect the
lateral access along the shoreline.
Wetland Design Recommendations
Protecting Rare Species
The proposed project is not located within an area mapped as Estimated Habitats of Rare Wildlife
or Priority Habitats of Rare Species.
Maintaining Proper Water Circulation
P.O. Box 4012, Plymouth, Massachusetts 02361 617-529-3792 | www.ecrwetlands.com
The proposed dock has been designed to be supported by 10-inch diameter piles, spaced roughly
10 feet on center to maintain water circulation around the structure.
Maintaining Adequate Light to Preserve the Productivity of Wetlands Vegetation and Eelgrass Beds
In this case, there are no eelgrass beds within or near the footprint of the proposed dock.
Nevertheless, the proposed design includes Thru-Flo grated decking to maximize the sunlight
penetration below the dock and preserve the productivity of the wetland and marsh vegetation.
Avoidance
The proposed dock has been designed to avoid the Salt Marsh to the maximum extent possible. If
the dock location were shifted toward the center of the site, a larger portion of marsh would be
crossed.
Pier Height
The Waterways regulations require a five-foot minimum height above mean high water, which the
proposed project complies with. In this case the proposed dock will be approximately 6 feet above
mean high water.
Float Height
The proposed project does not include a float.
Pier Length
Shorter piers/docks produce less adverse effects on vegetation and therefore the proposed project
has been designed to extend 42 feet from MHW, which is no longer than necessary to reach
sufficient water depths for the property owner.
Pier Width
Narrower piers/docks provide less adverse shading effects and therefore the proposed design
minimizes the width of the dock to four feet.
Plank Spacing
Planks should be spaced at least ¾ inch apart, but in the case of this design Thru -Flo grated
decking is proposed to maximize the light penetration.
Orientation
If placing a pier/dock over vegetation cannot be avoided, the pier/dock should be oriented as close
to a north-south orientation as possible. With consideration to minimize the overall length of the
proposed dock, the dock is oriented as close to a north -south orientation as possible.
Maintaining Water Quality
P.O. Box 4012, Plymouth, Massachusetts 02361 617-529-3792 | www.ecrwetlands.com
This standard focuses on reducing water turbidity, the addition of pollutants and affecting dissolved
oxygen or temperature. The proposed project has been designed without a float which avoids
disturbance to substrate that may increase turbidity. The proposed dock has been designed to
reach an appropriate depth for the property owner’s vessel as to avoid significant “prop wash”.
Furthermore, the support piles will be installed by hydraulic compression to minimize temporary
turbidity increases during installation.
Leaching of Wood Preservatives
No CCA timber will be used as part of the construction of the proposed dock.
As documented in the analysis above, it is ECR’s professional opinion that the proposed dock project
contained in this application complies with the performance standards as listed in the Massachusetts
Wetlands Protection Regulations and Town of Yarmouth Wetland Protection Regulations as well as the
guidance set forth by MA DEP. Upon review of this submittal, please contact me at (617) 529 – 3792 or
brad@ecrwetlands.com with any questions or requests for additional information.
Attachment:
1.) Historic Photographs
2.) A Guide to Permitting Small, Pile-Supported Docks and Piers
Historic Photographs
2 Buttercup Lane, Yarmouth
Photograph #1 – Nearmap image showing dock on April 15, 2016.
Photograph #2 – 1994 Historic Aerials Image
Dock/Float
Dock/Float
Historic Photographs
2 Buttercup Lane, Yarmouth
Photograph #3 – 1971 Historic Aerials Image
Dock/Float
H F
H F
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