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Home My WebLink AboutDMF letter NOI Bayside & Osterville Property Holdings LLC to Barnstable ConComThe Commonwealth of Massachusetts Division of Marine Fisheries (617) 626-1520 | mass.gov/MarineFisheries Maura T. Healey Governor Kimberly Driscoll Lt. Governor Rebecca L. Tepper Secretary Thomas K. O’Shea Commissioner Daniel J. McKiernan Director March 13, 2026 Barnstable Conservation Commission 367 Main Street, Hyannis, MA 02601 Dear Commissioners: The Massachusetts Division of Marine Fisheries (MA DMF) has reviewed the Notice of Intent (NOI) by Bayside Property Holdings, LLC., and Osterville Property Holdings, LLC., to replace a vertical stone wall with a timber bulkhead within Cotuit Bay at 148 & 186 Windswept Way in the Town of Barnstable. The project includes excavation of the existing stone wall and of the intertidal area. The proponent is also proposing to install a fiber roll array to stabilize a portion of the lower bank. The project was reviewed with respect to potential impacts to marine fisheries resources and habitat. The project site overlies salt marsh vegetation. Salt marsh provides a variety of ecosystem services, including habitat and energy sources for many fish and invertebrate species [1-2]. Cotuit Bay has been identified by MA DMF as diadromous fish passage and migration,habitat for American eel (Anguilla rostrata) [3]. The project site lies within mapped shellfish habitat for northern quahog (Mercenaria mercenaria) and softshell clam (Mya arenaria). Waters within the project site have habitat characteristics suitable for these species. Land containing shellfish is deemed significant to the interest of the Wetlands Protection Act (310 CMR 10.34) and the protection of marine fisheries. Cotuit Bay acts as winter flounder (Pseudopleuronectes americanus) spawning habitat. Winter flounder enter the area and spawn from January through May; demersal eggs hatch approximately 15 to 20 days later. The Atlantic States Marine Fisheries Commission has designated winter flounder spawning habitat as a “Habitat Area of Particular Concern” (HAPC). In the previous stock assessment, the winter flounder stock was classified as overfished, with spawning stock biomass in 2019 estimated to be only 32% of the biomass target [4]. Spawning stock biomass in 2021 was estimated to be 101% of the biomass target based on a new recruitment stanza focusing only on the past twenty years [5]. Given the new status of the winter flounder stock, every effort should be made to protect the species and its spawning habitat. 2 The project site lies within a horseshoe crab (Limulus polyphemus) spawning area and the species has been recorded nesting nearby at Ropes Beach and Sampson’s Island. Horseshoe crabs deposit their eggs in the upper intertidal regions of sandy beaches from late spring to early summer during spring high tides. Adult crabs congregate in deep waters during the day while they wait to spawn on nearby beaches at night. Eggs hatch approximately two to four weeks later. The 2024 stock assessment update indicates that the New England horseshoe crab stock status continues to be neutral [6]. Continued efforts should be made to protect the species and facilitate further stock improvement. MA DMF offers the following comments for your consideration: • A time of year restriction should be observed to protect sensitive life stages of horseshoe crabs from beach construction activity on potential nesting beaches. Beach construction activity - such as excavation and filling - could bury and/or crush spawning adult crabs and nests. Eggs in nests buried too deep may not hatch. No beach construction activity should take place from May 1 – July 31 of any year [7]. Furthermore, the proposed turbidity curtain should not be present on site during this time of year restriction as it would limit horseshoe crab access to potential nesting beaches. • Repair of the structure should be within the same footprint as the existing structure or landward. Any expansion of the footprint will result in loss of Commonwealth public trust tidelands. • The proponent is proposing a vertical bulkhead; however, a sloped riprap design would provide added ecological benefits as well as shoreline stability benefits. Sloped riprap revetments can create interstitial spaces that support invertebrate habitat and can reduce wave reflectance toward the adjacent salt marsh. • Construction activity, including staging of construction material and equipment as well as equipment transit to and from the construction site, should avoid intertidal habitat to the greatest extent practicable. As much work as possible should be conducted from the upland portion of the project site to minimize impacts and avoid compaction of sediment in mapped shellfish habitat. Any work in the intertidal zone should be limited to low tide such that work is conducted in the “dry”. • The proponent proposes to remove four groins during construction and reset the stones upon completion. Because the groins are no longer functioning as originally intended, we recommend that they not be reinstalled following completion of the work. • The proposed reconstruction is sited in intertidal habitat abutting salt marsh vegetation and mapped shellfish habitat. Construction should not be allowed in salt marsh habitat or in a location which could adversely impact the salt marsh. • The project proposes removal of the stone wall landward of the salt marsh. Following 3 removal, salt marsh plantings are recommended to help facilitate recolonization and restoration of the marsh vegetation in this area. • Any proposed sediment deposition over coir rolls should be consistent with the materials currently present at the site in terms of grain size and material [8]. • Fuel spills from refueling of construction equipment will adversely impact sensitive resource areas. Impacts to resource areas can be avoided by prohibiting all land-based equipment from being refueled on-site. If equipment is refueled on-site, adequate containment and clean-up material should be required to minimize impacts. Questions regarding this review may be directed to Amanda Davis at amanda.davis@mass.gov. Sincerely, Amanda Davis Environmental Analyst MA Division of Marine Fisheries cc: Angus Briony, Tighe & Bond John Logan, Kara Falvey, Alicia Hecht, Holly Williams, Matt Camisa, Derek Perry, MA DMF Amy Croteau, Barnstable Shellfish Constable Patrice Bordonaro, CZM AD/kf/ah References: 1. Boesch, D.F. and R.E. Turner. 1984. “Dependence of Fishery Species on Salt Marshes: The Role of Food and Refuge.” Estuaries 7(4):460-468. https://doi.org/10.2307/1351627. 2. Deegan, L.A., J.E. Hughes, and R.A. Rountree. 2000. “Salt marsh ecosystem support of marine transient species.” In: M.P. Weinstein and D.A. Kreeger, eds. Concepts and Controversies in Tidal Marsh Ecology: Kluwer Academic Publisher, The Netherlands. pp. 333-365 3. MA DMF. MassGIS Data: Diadromous Fish. https://www.mass.gov/info-details/massgis- data-diadromous-fish. Accessed February 8, 2023. 2023. 4. ASMFC. 2020. Southern New England Mid-Atlantic Winter Flounder 2020 Assessment Update Report. http://www.asmfc.org/uploads/file/6008bd822020_SNE- MA_WinterFlounderAssessmentUpdate.pdf 4 5. ASMFC. 2022. Southern New England Mid-Atlantic Winter Flounder 2022 Management Track Assessment Report. Compiled June 2022. https://apps- nefsc.fisheries.noaa.gov/saw/sasi.php 6. ASMFC. 2024. 2024 Horseshoe Crab Benchmark Stock Assessment Update. Prepared by the ASMFC Horseshoe Crab Stock Assessment Subcommittee pursuant to NOAA Award No. NA20NMF4740012. http://www.asmfc.org/uploads/file/663d0fcdHorseshoeCrabStockAssessmentUpdate_Apr il2024.pdf 7. Evans, N.T., K.H. Ford, B.C. Chase, and J. Sheppard. 2011. Recommended Time of Year Restrictions (TOYs) for Coastal Alteration Projects to Protect Marine Fisheries Resources in Massachusetts. Massachusetts Division of Marine Fisheries Technical Report, TR-47. https://www.mass.gov/doc/time-of-year-recommendations-tr-47/download 8. Haney, R., L. Kouloheras, V. Malkoski, J. Mahala, and Y. Unger. 2007. Beach Nourishment: MassDEP’s Guide to Best Management Practices for Projects in Massachusetts. https://www.mass.gov/doc/beach-nourishment-massdeps-guide-to-best-management- practices-for-projects-in-ma/download