HomeMy WebLinkAboutNarrative 5.20.2026Notice of Intent Duval, 37 Indian Memorial Drive, South Yarmouth., MA
)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 Iime.
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' N AVD82 at the time of the measurements.
The Yarmouth Natural resources Department was consulted for the Ordinary Nigh Water (OHW) level
and indicated that it was at elevation 6.9' ( GYD), with the historical high water (HHW) level at 8.1
feet (N iVD), These elevations translate to an OHW of6' (NAVD88) and HHW at 7.2' (NAVD8 ).
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 si ctions, and extends approximately 233 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 leveiing 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 OH. The new installation will be 4 feetwide, 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 Waftm ays.
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 ofthe bylaw. The dock extends 17.5 feet beyond
OHW, where 30 feet is allowed. There is approximately 2.1 feet of available wager 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 on&oing 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 M (4) C 3 of the bylaw states that "Piers shall be elevaled a r inirnum of two ).feet over the
existinggrade of the B VW. beach andlor the wafee surface (as determined by the seasonal high water)
w measured front the botiom 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 Iimit 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 BV W exists under the dock or the beach area.
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Notice of Invent Duvall 37 Indian Memorial Drive, South Yarmouth, MA
Bordering Vegetated Weiland— (310 CMR 10.53), and Yarmouth Wetland Protection Regulations, Part
3, Sealon 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 b 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_
Carta Umkr 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 dark sections will be stored out of the water and upland of the BVW, such as
on the patio. The dockrests on the pond bottom, with no permanent anchoring, and will net 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 pmject. 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 lour 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 B, further restricting its growth. Therefore, this is not the preferred option.
Alternative 2, Change the location ofthe dock along the shoreline. This -option is not considered
because the dock pre-existed (with -out a permit by the previous owner) in the proposed location. Any
other location would likely cover BV W, and would negatively impact that resource area.
Alternative 3: Use grating for the decking. The regulations aIIovw wooded decking for docks that face
north -south to have wooden decking. The existing dock i5 nearly north -south oriented and therefore
this option was not chosen.
Alternative 4: Project as proposed — This al lows 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.
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Notice of Intent Duval, 37 Indian Memorial Drive, South Yarmouth, MA
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 adjustrnent 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 B W. All equipment shall be stored either on the applicant's driveway or lawn
when riot in use.
Pre -Construction Meeting
Prior to construction, a pre -construction meeting shall be held onJSite 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 homeawner) will describe the
proposed means and methods for performing the work within the requiremms of the plans, order of
conditions and construction protocol.
To be discussed at this meeting:
• Existing property conditions} necessary precautions to betaken by the Contractor;
• Means and methods for construction;
• Necnsary 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 ofconstruction, 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.
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