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HomeMy WebLinkAbout20250401 NOI Mierzwa 251 Green dunes Drive 6-Town interest of chapter 703 & Chapter 237Town of Barnstable, MA § 703-4 PRIVATE DOCKS AND § 703-4 Downloaded from https://ecode360.com/BA2043 on 2025-03-13 251 Green Dunes Drive Barnstable MA Town of Barnstable Chapter 237 Interests And Compliance with Chapter 703 Our remarks will be green italic text next to each applicable standard. § 703-3. Filing protocols. A. A notice of intent is required for any new pier or dock, whether fixed or floating, permanent or seasonal; also for any substantial alteration or extension of an existing pier or dock. B. one copy of the notice of intent shall be sent to each person or office on the following list, by certified mail or hand-delivered, and a receipt obtained at the time of filing of the notice of intent with the Conservation Commission: (1) Shellfish Biologist/Marine and Environmental Affairs. (2) Harbormaster. (3) Waterways Committee. C. The applicant shall provide evidence to the Conservation Commission at the time of the notice of intent filing that such copies have been mailed or delivered. The project shall be clearly identified and staked or marked with a buoy at pier end within three weeks prior to the hearing. The dock location is identified using wetland delineation flags. Pink salt marsh flag TEC-B8 and Blue MHW flag TEC-A7 is at the exact location. D. The notice of intent shall include: (1) Brief comments, where appropriate, on each of the Guidelines. (2) Length, draft and type of boats, horsepower and type of propulsion system intended for docking or use at the pier, including the depth of the propulsion system in its lowest position. The proposal is intended for unmotorized watercrafts, however the profile shows 2.2’ depth of water at MLW, usually sufficient for motor boats and specs can be submitted if . (3) Locus identified by Town Assessor's map and parcel number, and by street number, street and village. Information Provided and shown on the plans and documents (4) Locus shown on Assessor's map. Information Provided. (5) Daytime telephone number of applicant, or name and telephone number of applicant's agent. Information Provided. Town of Barnstable, MA § 703-4 PRIVATE DOCKS AND § 703-5 Downloaded from https://ecode360.com/BA2043 on 2025-03-13 (6) A shellfish survey, including an analysis of shellfish habitat suitability, and substrate sediment analysis. The minimum area surveyed shall include a 50-foot radius from the proposed project. The actual samples shall represent no less than 0.5% of this area. A waiver from this requirement has been requested, the structure is overhead and will provide lighting bypass and design in compliance with section 704 with the main purpose is to minimize any impact to habit. (7) The shellfish survey report shall include as a minimum: (a) The resume of the person(s) conducting the survey, including their qualifications for conducting such a survey; (b) The date, time of day and tidal conditions at the time of the survey; (c) A narrative explaining the methodology and equipment utilized, location and number of transects/quadrants utilized, results obtained, observations and conclusions. A waiver has been requested (see 6 above) E. The project plans shall show: (1) A description of all materials to be used and the method of construction, including the method of pile installation; when near shellfish habitat, the type of precautions used to insure the barge and equipment used will not damage shellfish habitat. Information included on the plans, Pile installation will be done during MLW with no heavy equipment required and usually a 2-man one day installation. Any shellfish within the installation area will be carefully collected and placed back near its original location after installation is completed. Recommendations from the board will also be followed during construction. (2) Where the structure is seasonal or includes seasonal floats, a statement indicating the site for winter storage and the method of hauling, if any. After the season the 200 sf floating dock and ramp will be removed and walk back into the property outside of the buffer zones. The pier and board walk will remain permanent. (3) Soundings within 100 feet of the dock and from the dock to the closest marked channel. Depth shall be measured to the top surface of soft sediments. Soundings shall be of sufficient density to allow the exact determination of water depths around the proposed pier and floats, and to the closest navigable channel. The soundings shall show the MLW in the areas where the proposed boat will be berthed. Information is shown on the plan and profile. (4) Data shall be supplied to the Commission showing the time and date of the depth survey, the existing weather conditions, the state of the tide and the actual depths measured from water surface to the bottom. The methodology used to determine MLW and MHW shall be given. If MLW or MHW is derived from NGVD or other reference Datum, an explanation of the calculations used must be included in the narrative. All the data is using NAVD88 and compared with NOA chart. (5) Eel grass within 200 feet of dock. Information shown on the plan (6) Marked or recognized navigation channels within 200 feet of pier. None within 200 feet, the Town of Barnstable, MA § 703-4 PRIVATE DOCKS AND § 703-6 Downloaded from https://ecode360.com/BA2043 on 2025-03-13 unofficial channel going to the northeastern public ramp is shown (7) Any moorings within 200 feet of the proposed pier and information affixed to those moorings. None identified (8) Location of existing Town, commercial and private piers, Town landings (ways to water), public or Association beaches, shellfish propagation or relay areas and designated Town shell fishing areas within three hundred feet of the proposed pier. Shown (9) Approximate shoreward boundary of any existing public or commercial mooring area within 200 feet of the pier. (A recent aerial photograph, taken during the summer boating season, may be used for this purpose if desired.) Proximate moorings shall be shown on plan. None identified (10) Location of existing Town, commercial or private piers and docks, and Town landings, within 300 feet of pier. None within 300’ (11) The plan shall have the official stamp of a registered civil engineer or land surveyor. Provided F. In addition to the above requirements, the applicant shall comply with the Submission Requirements Checklist available at the Conservation Commission Office. Informational. G. A notice of intent may not be accepted or approved by the Conservation Commission unless all of the foregoing requirements have been completed. If any section does not apply, such inapplicability shall be indicated. Informational § 703-4. Regulations. A. Private, noncommercial docks, being structures accessory to and appurtenant to dwellings, will be permitted only on land contiguous to the dwelling being served, except where unusual circumstances of longstanding may apply, such as where the dwelling is separated from the shore by a road. The dock is proposed within the property water frontage. B. No dock, even if otherwise permitted, may be constructed when it is appurtenant to a residential dwelling until an occupancy permit has been issued for that dwelling. Not applicable C. Only non-CCA material may be used in the construction of the dock. Lead caps are not permitted. No creosote treated materials may be used. [Note: 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.] Note was added to the plan D. Lighting, if installed, shall not exceed a 25 watt incandescent bulb, set a minimum of 12 feet apart and a maximum of two feet high from the walking surface. These lights must be baffled or shaded to direct light downward only. The lights cannot utilize timers and should be switched at the beginning and end of dock. No lighting shall interfere with safe navigation. Note was added to the plan E. All piers and walkways shall be provided with access stairs at or proximate to MHW or other means provided for along shore public traverse. All structures shall be provided with suitable signage notifying the public of its right to free access as provided by the commonwealth, or equivalent. Note was added to the plan F. The DEP permit number shall be permanently and conspicuously placed on the dock so as to be visible from seaward. was added to the plan G. Storage of floats, other seasonal pier material, and boats shall not be allowed on marshes, dunes, or coastal banks. All such materials must be stored in a permitted area and transported thereto without causing damage to any resource area, or outside of conservation jurisdiction. Informational, Town of Barnstable, MA § 703-4 PRIVATE DOCKS AND § 703-7 Downloaded from https://ecode360.com/BA2043 on 2025-03-13 applicant will comply. H. 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. A minimum depth of 12 inches of water measured at MLW is required under the floats. The proposed floating dock is 200 sf and the profile shows 2.2’ below MLW I. Plank spacing shall be a minimum of 3/4 inch. However, where any portion of the dock (walkways, ramps, pier, etc) crosses a salt marsh, a minimum of 65% light penetration is required. The maximum dock width shall be 4 feet, measured center of pile to center of pile. For single pile construction, maximum deck width shall be four feet. The proposal complies with the above and details are shown on the plan J. No dock, including pier, floats, dolphins, etc., shall extend further from shore than: (1) A point equaling 1/2 of the lot's water frontage measured in a straight line between the lot's waterfront corners. Owners of two adjoining lots may combine frontage and erect a shared pier, provided that such agreement is registered in perpetuity at the Registry of Deeds. The lot has over 865 feet of river front and as proposed extends to approximate 35’ (2) A point 35 feet from a publicly used channel, either a marked channel or a channel as defined by historic use. This dimension includes the beam of the vessel being berthed. To the best of our knowledge the proposal complies with the above. (3) Is necessary to attain a depth of water at mean low water suitable for a private use of the pier that is consistent with protection of the wetland resources adjacent to the site and uses of the adjacent waters and wetlands by the public in pursuit of the interests protected under the Town of Barnstable Wetlands Protection Ordinance, but under no circumstances greater than 100 feet from mean low water, including all "ells" and "tees," regardless of configuration. The proposal complies with the above. (4) Twenty percent of the width of a linear waterway at MLW except where the location of an existing channel shall dictate otherwise. This width shall include the beam of the berthed vessel. In such waterways, i.e., rivers, narrow estuaries, etc., sufficient open water shall be maintained to sustain a variety of activities not simply related to safe transit. The proposal complies with the above. K. Notwithstanding any other provision pertaining to length, no dock shall be longer than is necessary to attain the minimum depths required herein, and may not obstruct waterways normally used for recreation. The proposal complies with the above. L. The base of the pier shall be as close as possible to the center line of the lot, and it shall project outwards at an angle as nearly perpendicular to the shoreline as possible. This section will not follow the best interest of protecting the resource area, we have selected the narrowest point for salt marsh crossing. M. Within the limits of performance standards governing overall length of docks, the following depth requirements must be met for motorized vessels, with these draft requirements continuing over time: (1) In areas determined to be of high-value shellfish habitat, the minimum depth under the draft of Town of Barnstable, MA § 703-4 PRIVATE DOCKS AND § 703-8 Downloaded from https://ecode360.com/BA2043 on 2025-03-13 the boat must be 30 inches at MLW. High-value shellfish habitats are those found to be significant to the provision or protection of the wetland values protected under Chapter 237, Wetlands Protection, of the General Ordinances of the Code of the Town of Barnstable. Any area rated six or above on any maps or reports developed by the Natural Resources Division and filed with the Commission and the Town Clerk shall be presumptively considered a high-value shellfish area. Informational, the applicant agrees to comply with the above. (2) In areas determined not to be high-value shellfish habitat, the minimum depth under the draft of the boat must be 12 inches at MLW. Informational, the applicant agrees to comply with the above. (3) For vessels using unconventional drive systems, such as but not limited to jet-drives, the applicant, in addition to meeting the above minimum depth requirements, must further demonstrate that the water depth is adequate to protect the interests herein referenced. Informational, the applicant agrees to comply with the above. (4) To prevent bottom scouring, the above-described minimum depths must exist not only at the dock where a boat(s) is to be berthed or used but also between the dock and the nearest navigable channel or open water. Informational, the applicant agrees to comply with the above. N. Notwithstanding any other provisions contained herein, no new or expansion of an existing dock shall be permitted within an ACEC (area of critical environmental concern). Not applicable. O. Private piers shall be constructed so as to not interfere with any longstanding public recreational use of the waterway, e.g., an area used by sailboats tacking through a narrow waterway, an area used by boaters or others because of unique wind or current conditions, a structure that would interfere with public access to or from a way to water or public. The proposal does not interfere nor have an adverse impact to the above. P. Where there is a substantial expansion of an existing dock, the Commission may require compliance with all or part of these regulations. Not applicable Q. Boat lifts, boat elevators and boat davits. [Added 2-6-2018] This entire section is not applicable (1) Boat lifts, boat elevators and boat davits are prohibited for any proposed new dock except where necessary for handicapped access for a resident of the property where the dock is proposed. Where there is no longer a demonstrated medical need, or when the property is transferred or sold, the boat lift, elevator or davits must be removed and the Conservation Division notified. (2) Boat lifts, boat elevators and boat davits are prohibited for any existing, permitted dock except: (a) Where necessary for handicapped access for a resident of the property where the dock is located. Where there is no longer a demonstrated medical need, or when the property is transferred or sold, the boat lift, elevator or davits must be removed and the Conservation Town of Barnstable, MA § 703-4 BARNSTABLE § 703-9 Downloaded from https://ecode360.com/BA2043 on 2025-03-13 Division notified; or (b) Where extraordinary circumstances are proven to exist, such as wind, tides, currents and boat wakes, and where the commonly used alternatives of boat whips and dolphins/tie-off piles are proven by the applicant as being unable to provide stability for vessels berthed at the dock. (3) Boat lifting devices that qualify above in Subsection Q(1) or (2) must comply with the following: (a) Be either mechanically operated or electrically driven. The use of hydraulic fluid is prohibited. (b) Be painted a neutral color or anodized. (c) Be elevated so that the hull of the vessel is no more than 12 inches above mean high water, except that greater heights can be set for extreme tides, not to exceed the spring tide line. Notwithstanding this provision, elevated vessels should be removed during storm events. Due to extreme tidal range, boat lifts, elevators and davits are prohibited in Barnstable Harbor. (d) Have a specific vessel identified with its use, such vessel having a neutral hull color and having either no bottom paint or a nontoxic bottom paint. The applicant will provide bottom paint specifications to staff for review. R. Improvement dredging. [Added 2-6-2018] This section is not applicable (1) Improvement dredging to create water depths to otherwise meet the requirements of these regulations is prohibited. Improvement dredging is not allowed to provide greater depths at a shallow site that otherwise would qualify only for either a nonmotorized dinghy dock or a small- draft motorized dock. (2) Improvement dredging to create greater water depths at the site of an existing, permitted pier and/or in a fairway from the permitted pier to the nearest channel is prohibited, except that a waiver may be sought where accretion of subsurface sediments has occurred as a result of either: (a) The littoral drift of sediments from nearby beaches, dunes and banks that have been artificially nourished; or (b) The passage and repassage in the nearest channel of large passenger/car/truck ferries or other large observation, freight or tanker vessels. (3) Under either Subsection R(2)(a) or (b), improvement dredging is allowed to restore the depths that existed at the time the dock was permitted by the Commission. § 703-5. Presumption of adverse effect; burden of proof; cumulative impact. A half-a-mile exhibit is included for your review, we do not believe the proposal presents accumulative adverse impact A. When a proposed project involves the dredging, removing, filling, altering or causing of a potentially adverse effect to an area subject to protection under the ordinance by the construction or enlargement of a dock, the Commission shall presume that the proposed activity will have a significant or cumulative adverse effect upon the resource values specified in Chapter 237, Wetlands Protection, of the General Ordinances of the Code of the Town of Barnstable. These presumptions are rebuttable and may be overcome only by a preponderance of evidence showing that the work does not have a significant or cumulative adverse effect upon the resource values. The burden of proof to overcome Town of Barnstable, MA § 703-4 BARNSTABLE § 703-2 the presumption shall be borne by the applicant. Moreover, the Commission will consider the impact of both existing docks and future docks with pending applications in determining the cumulative effects upon the protected resource areas. Where appropriate, the applicant may be required to submit a drawing showing all possible docks (docks that may meet Commission guidelines) within 1/2 mile of the proposed dock or other agreed to cumulative physical location. The cumulative impact of such docks and the related boat use pattern on the values protected by the ordinance will be considered by the Commission. A project which may otherwise comply with these regulations and guidelines may be denied where its cumulative effect would result in an adverse impact upon the protected resource areas. B. In most cases seasonal piers present less impact to the resource because of their seasonal nature and because they can be constructed entirely with environmentally benign materials. Accordingly, the presumptions set forth herein may be more easily overcome for this type of construction. C. These regulations notwithstanding, the Conservation Commission will consider any and all pier proposals on a site-specific basis, disposing of each according to its merit and to the degree that the preponderance of evidence shall show that the statutory interests have been preserved and protected. § 703-6. Construction protocol. A. The Natural Resources Department shall be given written notice by the applicant not less than 10 working days before the start of construction in order to arrange shellfish removal, reseeding, replanting, monitoring, and subsequent replanting if necessary, at the applicant's expense. B. The Conservation Commission shall be given written notice by the applicant not less than five business days before the start of construction. C. All construction shall proceed in compliance with the plan of record and the order of conditions. No alterations for which revised plans have not been approved prior to construction will be allowed. Informational, the applicant agrees to comply with the above.