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HomeMy WebLinkAboutRobert Ragusa comment letter 48_StarBoard_Issues_08_28_2025Proposed Ramp and Float (Dock)Blocks Long-Used Navigation Channel: -Simple Rotation of the Dock Solves the Problem •The proposed dock location directly obstructs the only deeper water channel to the ocean used by Starboard Lane residents. •Application contains factual errors and violates key Conservation Commission regulations. •Rotating the dock parallel to the river bank preserves navigation and gives full access —a true no cost win-win. What's at Stake •Decades of community use: residents have relied on the this channel for ocean access during most tides. •No viable alternative: •The developer’s suggested route is too shallow for many boats at low and mid tides. •Loss of navigation rights: •Blocking this channel eliminates traditional access to the ocean for residents. Background on why the proposed dock location is unacceptable and Alternative Proposed Solution •Residents on Starboard Lane have access to the ocean via the Bumps River in most tides because the deepest channel runs along the banks on the Starboard Lane side of the River. •This ocean access has been utilized for decades. •The other channel, noted by the developer, is not accessible to many boats on the Starboard lane side and has much lower water, eliminating boat access to the ocean at most tides. •The proposed ramp and float extends from the current boat house 26 feet into the channel, directly blocking the channel and creating a navigation hazard. •The proposed dock location is unacceptable. •Alternative Proposed Solution -Turn the ramp and float parallel to the riverbank. This provides a sound solution for the dock location at 48 Starboard while keeping access to the ocean open to residents, as has been the case for decades. The deepest water Channel shown in Green. •The Channel has been used for decades to navigate to the ocean. •The proposed location of the dock is directly in the channel. (See location of the proposed float vs Green Dots) •The proposed dock is right in the middle of the deepest water as shown by Developer’s own engineering drawing. (See the small numbers indicating the depth of the water) •The proposed dock location will block the channel, blocking navigation to the ocean for residents during most tides and creating a navigation hazard. •The proposed location is unacceptable Issues with the Proposed Dock Location: Channel Channel Ch a n n e l Ch a n n e l Chann e l For reference is an Areal view of the same area on the Bumps River that visually shows the channel out to the ocean: •Area marked Channel is the deepest water in the river to get out to the ocean. Boat House Regulatory Violations Regulation by Section Applicant’s Claim Actual Facts Compliant? J. Dock not in publicly used channel >35 ft away Directly in channel used for decades No K. Dock does not obstruct recreation Unobstructed waterway Blocks main navigation route for Starboard Lane residents No O. Dock will not affect public recreational use of the waterway No impact Cuts off Starboard Lane boats at most tides No •Rotate the ramp and float as shown in green •Rotating the ramp and float provides a sound solution for the dock location, it avoids the deepest water, and enables navigation to the ocean A Simple Fix: Rotate the Dock Channel, deepest water on the river, navigable during most tides Low water, not navigable during most tides Arial photo of the area with the original unacceptable dock location in Orange and the Proposed Fix in Green A Simple Fix: Rotate the Dock Conclusion/Ask •The proposed dock location is unacceptable because it: •Blocks a long-used navigation channel •Contains factual errors contradicting Conservation Commission Rules •Impacts community use •A rotated dock design fixes the problem •Our Ask: Ensure the rotated dock fix is in any approved proposal Appendix Factual Errors in the Application and why the proposed location is not in compliance with the Conservation Commission’s Regulations J. The pier extends 39' from Mean Low Water, which: IS NOT further than a point equaling half the lot's water frontage: ½(240'$) =120÷ a. Is >35' from a publicly used channel. (Incorrect -It is directly in a publicly used channel) b. Not greater than 100'. c. Is Not further than 20% of the width of a water way at MLW. 265' Wide x 0.2=53' K. The pier is no longer than necessary to attain the minimum depths required for the use of the float, and does not obstruct a waterway normally used for recreation. (Incorrect -It does obstruct a waterway normally used for recreation) L. N/A. We do not believe the lot center would be applicable for modifications of the existing structure. M. N/A. The pier is for non-motorized vessels. N. The proposed pier is not within an Area of Critical Environmental Concern. O. The proposed pier will not affect public recreational use of the waterway or interfere with public access to or from a way to water. (Incorrect -It will significantly impact recreational use of the waterway by obstructing access to the ocean for residents on the Starboard side of the river who have utilized that waterway for decades) COMPLIANCE WITH CONSERVATION COMMISSION'S REGULATIONS FOR NEW PRIVATE DOCKS IN THE TOWN OF BARNSTABLE