HomeMy WebLinkAboutDuval Waterways submission package full scan with plan 4-15-26
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 Waterways Committee April 15, 2026
Attn: Kathyrn Brooks
424 Route 28
West Yarmouth, MA 02673
By hand delivery and email
Re: Waterways and Shellfish Advisory Committee Filing Package;
Proposed Seasonal Dock
Stephen and Kimberly Duval
37 Indian Memorial Drive
South Yarmouth, MA 02664
Map 69, Parcel 4
On behalf of my clients, Stephen and Kimberly Duval, I am submitting 3 Copies of the project narrative,
photos, and design plan for the above referenced project. Electronic copies of all documents will be emailed to
the DNR office. The reason for Waterways review for this project is for a new seasonal dock in Long Pond.
Please refer to the project narrative. The existing wooden unpermitted dock will be removed and replaced with
a properly designed aluminum seasonal dock, meeting all fresh water dock regulations. The dock is 4’ wide,
and 30’ long, for a total of 120 square feet.
The following items are enclosed:
▪ Project Narrative and Construction Protocol
▪ Photographs of the site
▪ “Plan Showing proposed Seasonal Dock” by Shorefront Consulting and Down Cape Engineering dated
3/30/26 (1 sheets).
Please schedule this filing for your May 14, 2026 public hearing. If there are any questions or concerns
regarding this filing, please contact me as soon as possible.
Sincerely,
Mark Burgess
Shorefront Consulting
B.S. Ocean Engineering
Enclosures: As Stated
cc: Stephen and Kimberly Duval (property owners)
Yarmouth Waterways Committee (by hand delivery and email)
Notice of Intent Duval, 37 Indian Memorial Drive, South Yarmouth, MA
Page 1 of 3
Performance Standards Narrative, Alternatives Analysis, and Construction Protocol
Property Description
The property is located on Long Pond; a great pond. The project site is an established property with an
existing dwelling. The waterfront area is along the entire frontage, but there is one area to access the
beach. There was a dock installed without a permit by the previous owner which remains at this time.
Therefore, no new disturbance is required to set or maintain the dock. The site has a formal inland bank.
The BVW runs along the frontage. The pond water level was measured by a field survey performed by
Down Cape Engineering in 2025, and observed to be at 7’ NAVD88 at the time of the measurements.
The Yarmouth Natural Resources Department was consulted for the Ordinary High Water (OHW) level
and indicated that it was at elevation 6.9’ (NGVD), with the historical high water (HHW) level at 8.1
feet (NGVD). These elevations translate to an OHW of 6’ (NAVD88) and HHW at 7.2’ (NAVD88).
There were no adjacent docks present at the time of the measurements. It is approximately 440 feet
across the pond to the opposite shoreline.
Project Description
The existing dock is in wooden sections, and extends approximately 23 feet into the water. The dock is
not very high above the water. The existing dock will be removed and disposed of, and the new dock
will be installed in its place, extending approximately 27 feet into the water, where a depth of 2.1’ as
OHW is reached. The new dock is constructed off site and only requires leveling for the initial
installation. This Notice of Intent filing addresses proposed work in the resources areas consisting of
BVW and Land Under a Great Pond. (3) 4’x10’ sections are necessary to gain access to 2.1 feet of water
at OHW. The new installation will be 4 feet wide, 30 feet long, and extend straight out from the shoreline
in the same location as the existing dock. The dock will extend about 3 feet landward over the beach to
meet the existing grade, with lateral public access provided around the beginning of the dock as required
by DEP Waterways.
Bylaw Conformance
The dock as currently designed meets the new fresh water regulations for the town of Yarmouth
Wetlands Bylaw. The total square footage is 120 square feet, and the square footage beyond OHW is
116 square feet, meeting the square footage requirement of the bylaw. The dock extends 17.5 feet beyond
OHW, where 30 feet is allowed. There is approximately 2.1 feet of available water depth at this point.
Therefore, the dock meets all of the dimensional requirements.
Performance Standards
The seasonal dock sections can be put into place, leveled and secured. The seasonal installation and
removal is the only remaining ongoing work. The proposed work will be located in or near several
resource areas. The areas potentially affected by the work include work within the 100-foot buffer zone,
BVW, and Land Under a Waterbody (Great Pond). Each resource area is addressed below separately.
The proposed structure will not have any significant adverse effects to the surrounding resource areas.
Section 1.09 (4) C 3 of the bylaw states that “Piers shall be elevated a minimum of two (2) feet over the
existing grade of the BVW, beach and/or the water surface (as determined by the seasonal high water)
as measured from the bottom surface of the decking.” The dock starts on the pond side of the BVW and
does not pass over BVW. The decking reaches 2’ above the beach at the outer limit of the beach, with
the remaining sections well above 2 feet above the grade, in accordance with the bylaws. While there is
BVW on both sides of the dock, no BVW exists under the dock or the beach area.
Notice of Intent Duval, 37 Indian Memorial Drive, South Yarmouth, MA
Page 2 of 3
Bordering Vegetated Wetland – (310 CMR 10.55), and Yarmouth Wetland Protection Regulations, Part
3, Section 3.02:
The proposed dock will not destroy or otherwise impair any portion of the BVW. The area of BVW
exists on both sides of the dock and varies in width along the shoreline, as delineated on the plan. The
seasonal installation and removal of the dock will be by hand, and will not alter or destroy the
surrounding BVW area. Therefore, no loss of BVW is anticipated. Therefore, the existing structures
meet the performance standards of this section and can be permitted within the regulations.
Land Under Waterbody (Great Pond) – (310 CMR 10.56), and Yarmouth Wetland Protection
Regulations, Part 3, Section 3.03:
The proposed dock will not impair the water carrying capacity, ground or surface water quality, breeding
habitat, escape cover and food for fisheries, and the capacity of the land to provide important wildlife
habitat functions. The dock is seasonal as required by the regulations, and can be removed at the end of
the boating season. The dock sections will be stored out of the water and upland of the BVW, such as
on the patio. The dock rests on the pond bottom, with no permanent anchoring, and will not alter or have
any permanent impacts to the pond bottom. Therefore, the project meets the performance standards of
this section and can be permitted within the regulations.
Alternatives Analysis:
A few alternatives were discussed in the development of this project. All accomplished the goal of
gaining safe access to the pond, and none of the alternatives presented negative impacts to the
surrounding resource areas. The alternatives discussed merely provide the commission with the
information provided to reach the proposed project scope.
Alternative 1: Do Nothing – This alternative is never the preferred alternative. If nothing was done, the
existing wooden dock would be used, which is unpermitted and at too low an elevation. Although
access by foot to the pond is allowed and would likely continue, any boats launched would be dragged
across the beach and BVW, further restricting its growth. Therefore, this is not the preferred option.
Alternative 2: Change the location of the dock along the shoreline. This option is not considered
because the dock pre-existed (without a permit by the previous owner) in the proposed location. Any
other location would likely cover BVW, and would negatively impact that resource area.
Alternative 3: Use grating for the decking. The regulations allow wooded decking for docks that face
north-south to have wooden decking. The existing dock is nearly north-south oriented and therefore
this option was not chosen.
Alternative 4: Project as proposed – This allows the dock to be the minimum length needed to reach
the required water level depth, provide the required lateral public access, and utilizes an existing
access to the pond. This location offers the best use with the least amount of additional disturbance,
and meets all of the current bylaws. Therefore, this option is the best option.
Notice of Intent Duval, 37 Indian Memorial Drive, South Yarmouth, MA
Page 3 of 3
CONSTRUCTION PROTOCOL
The work can be performed with simple hand tools in less than a day. Initially, the dock sections can be
assembled in the driveway or back yard area, and then carried to the water for adjustment and leveling.
The staging area for materials will be on the applicant’s property, in the driveway or the back yard, and
upland of the existing BVW. All equipment shall be stored either on the applicant’s driveway or lawn
when not in use.
Pre-Construction Meeting
Prior to construction, a pre-construction meeting shall be held on-site with the Contractor (if any),
Property Owner, and Conservation Commission agent. The purpose of the meeting is to clearly delineate
the limits of work and access, as well as the staging area, and ensure that the contractor is fully aware
of the regulations regarding the conservation permit. The Contractor (or homeowner) will describe the
proposed means and methods for performing the work within the requirements of the plans, order of
conditions and construction protocol.
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;
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.
Restoration of project area
Upon completion of construction, the lawn, driveway, staging areas and any other areas disturbed by
the construction or installation effort shall be returned as much as practical to their pre-construction
conditions to the satisfaction of the property owner and conservation agent. Any disturbed vegetated
areas shall be re-vegetated with similar natural vegetation to match pre-construction conditions for the
surrounding areas, or as determined during the pre-construction meeting.
Duval –Proposed seasonal aluminum dock –37 Indian Memorial Drive
Existing wooden dock (to be replaced by seasonal aluminum dock
Existing waterfront looking easterly
Existing access path and steps to pond
Existing waterfront looking westerly
N/E a -SURVEY NOTES::MAP 69,PARCEL 5 VigTOWNOFYARMOUTH440’°+\TO OPPOSITE SHORE 1.RECORD OWNER(S):=1 Noyes 2PARKDEPT1146ROUTE(A)STEPHEN R.AND KIMBERLY L.DUVAL pom 428SOUTHYARMOUTH,DEED BOOK 36544,PAGE 58 ,v yondMA02664-4463 1 PLAN BOOK 80,PAGE 21
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;=)eK 2.ELEVATIONS REFER TO NORTH AMERICAN 2 a”Ne
VERTICAL DATUM OF 1988 (NAVD 88).2
3.PROPERTY IS SHOWN ON YARMOUTH
ASSESSORS MAP 69,PARCEL 4 a foul?eS
4.PARCEL LIES WITHIN FEMA FLOOD ZONE X
(0.2 PCT ANNUAL CHANCE FLOOD HAZARD)AS
~~
9
SHOWN ON COMMUNITY PANEL #25001C0587¥|4,
DATED 7/16/2014.poe.Ay
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5.DATUM FOR ALL ELEVATIONS =NAVD 88 )of,SgZORDINARYHIGHWATER(OHW)=6’NAVD 88 i
LOCUS MAP
co
OBSERVED WATER LEVEL =7.1’NAVD 88
6.SITE IS LOCATED WITHIN AQUIFER
PROTECTION DISTRICT.NOT TO SCALE
7.THE PROJECT IS NOT WITHIN AN NHESP LEGEND
BOUNDARY AND IS THEREFORE NOT SUBJECT
TO MESA REVIEW.we mm mms EDGE OF BVW VEGETATION
_—_OHW QRDINARY HIGH WATER LEVEL
Yy CONSTRUCTION NOTES:OBSERVED WATER LEVEL
1.ELEVATIONS REFER TO NAVD88.CONTACT DOWN CAPE aVeENGINEERINGFORADDITIONALELEVATIONINFORMATION
~BHW.—HISTORIC HIGH WATER LEVEL
1
AS WEEDED.——72———ELEVATION CONTOUR
N INSTALLATION ACCESS SHALL BE VIA THE ACCESSN/F 1 ROUTE SHOWN ON THE PLAN AND DIRECTLY OVER PROPERTY LINE
MAP 69,PARCEL 3 THE APPLICANT'S PROPERTY.
LIMIT OF WORK ACCESSEeeeGaSACDESeenee14)3.THE work ACTIVITY SHALL OCCUPY A MINIMUM AREA
TO ACCOMPLISH THE INSTALLATION OF THE DOCK.THEWEBSTER,MA 01570 f=DOCK CAN BE ASSEMBLED IN THE UPLAND AND15CARRIEDINSECTIONSTOTHEWATERFRONT,WHERE
-!ONLY HEIGHT ADJUSTMENTS AND LEVELING ARE
1 €NECESSARY.ALL WORK SHALL COMPLY WITH THE
RESULTING ORDER OF CONDITIONS AND AS DIRECTED
1
BY THE YARMOUTH CONSERVATION AUTHORITIES.
>ALL AREAS DISTURBED DURING INSTALLATION SHALL
BE RETURNED TO THEIR PRE—CONSTRUCTION
CONDITION.
5.THE ACCESS ROUTE AND WORK SITE SHALL BE
CLEANED AND RESTORED TO RESEMBLE THE
PRE-—CONSTRUCTION CONTOURS AND CONDITIONS.
,
6.THE CONTRACTOR SHALL OBTAIN A COPY OF THE
ORDER OF CONDITIONS ISSUED FOR THE PROJECT BY
a ie eee Mae COMMISSION PRIOR TO 4 xo he eeFH OO seSIIEPLAN(EXISTING a PROPOSED)“pk,7.THE DOCK SHALL BE STORED ON THE APPLICANT’S DATE DANIEL A.OJALA,P.E.,P.L.S.aia SITE PLAN (EXISTING &PROPOSED)(A)OF-INE.BWW ARD'INEAND BANK MONTHS:OUTSIDE
1"=30'ee \NO PART OF THIS DRAWING MAY BE USED BY ANY
V=10 PARTY WITHOUT THE EXPRESS WRITTEN CONSENT OF
SHOREFRONT CONSULTING AND
DOWN CAPE ENGINEERING,INC.
PROPOSED (3)FIXED
DOCK EXTENDS SECTIONS;30 FEET TOTAL
147+,17.5'+BEYOND OHW
,
LENGTH;120 SQ.FT.TOTAL
INLAND [™-
“3 (BUFFER ZONE)BEACH LAND UNDER GREAT POND :-r 4’x10’4’x10’4x10’
PROPOSED 4’WIDE SEASONAL DOCK SECTIONS
=S (3 TOTAL,30’OVERALL)DECK HEIGHT =8.1’
mn =HISTORIC HIGH WATER (HHW)
Le aes =/,:
20.00 3 Ze ee DOCK SECTION A-—A PLAN VIEW
AT GRADE STEPS _,2 0 /|OBSERVED WATER mar uefga|Wy EXISTING PIER,=<//[LEVEL 7’NAVD889.00 ee PUBLIC ACCESS oe i]5.00 .=AROUND-END_OF_pock \ORDINARY HIGH WATER (OHW)e 10°a
10.00—\j |/|one Mavs | 2"@ ALUM.SUPPORT POLES ~./]ee aa oe /ae ae te |2”x6”eeEXISTING“oe aGRADEae =ALUMINUM FRAME (TYP)
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5 25 5 10 0 DOCK SECTION ELEVATION ONT CONSULaSCALE:17=4"290 CENTER STREETDENNISPORT,MA.02639 |(508)280-8046DCE#25-048 WWW.SHOREFRONTCONSULTING.COM