HomeMy WebLinkAbout2026.04.21 NOI 117 Eel River Randon.rwpaform3.doc • rev. 12/4/2023 Page 1 of 9
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
City/Town
Important:
When filling out
forms on the
computer, use
only the tab key
to move your
cursor - do not
use the return
key.
Note:
Before
completing this
form consult
your local
Conservation
Commission
regarding any
municipal bylaw
or ordinance.
A. General Information
1.Project Location (Note: electronic filers will click on button to locate project site):
a. Street Address b. City/Town c. Zip Code
Latitude and Longitude: d. Latitude e. Longitude
f. Assessors Map/Plat Number g. Parcel /Lot Number
2.Applicant:
a. First Name b. Last Name
c. Organization
d. Street Address
e. City/Town f. State g. Zip Code
h. Phone Number i. Fax Number j. Email Address
3.Property owner (required if different from applicant):Check if more than one owner
a. First Name b. Last Name
c. Organization
d. Street Address
e. City/Town f. State g. Zip Code
h. Phone Number i. Fax Number j. Email address
4.Representative (if any):
a. First Name b. Last Name
c. Company
d. Street Address
e. City/Town f. State g. Zip Code
h. Phone Number i. Fax Number j. Email address
5.Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form):
a. Total Fee Paid b. State Fee Paid c. City/Town Fee Paid
*Town of Barnstable Ordinances
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
City/Town
A. General Information (continued)
6.General Project Description:
7a. Project Type Checklist: (Limited Project Types see Section A. 7b.)
1. Single Family Home 2. Residential Subdivision
3. Commercial/Industrial 4. Dock/Pier
5. Utilities 6. Coastal engineering Structure
7. Agriculture (e.g., cranberries, forestry) 8. Transportation
9. Other
7b. Is any portion of the proposed activity eligible to be treated as a limited project (including Ecological
Restoration Limited Project) subject to 310 CMR 10.24 (coastal) or 310 CMR 10.53 (inland)?
1. Yes No If yes, describe which limited project applies to this project. (See 310 CMR
10.24 and 10.53 for a complete list and description of limited project types)
2. Limited Project Type
If the proposed activity is eligible to be treated as an Ecological Restoration Limited Project (310
CMR10.24(8), 310 CMR 10.53(4)), complete and attach Appendix A: Ecological Restoration Limited
Project Checklist and Signed Certification.
8.Property recorded at the Registry of Deeds for:
a. County b. Certificate # (if registered land)
c. Book d. Page Number
B. Buffer Zone & Resource Area Impacts (temporary & permanent)
1. Buffer Zone Only – Check if the project is located only in the Buffer Zone of a Bordering
Vegetated Wetland, Inland Bank, or Coastal Resource Area.
2. Inland Resource Areas (see 310 CMR 10.54-10.58; if not applicable, go to Section B.3,
Coastal Resource Areas).
Check all that apply below. Attach narrative and any supporting documentation describing how the
project will meet all performance standards for each of the resource areas altered, including
standards requiring consideration of alternative project design or location.
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
City/Town
B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d)
For all projects
affecting other
Resource Areas,
please attach a
narrative
explaining how
the resource
area was
delineated.
Resource Area Size of Proposed Alteration Proposed Replacement (if any)
a. Bank
1. linear feet
2. linear feet
b. Bordering Vegetated
Wetland
1. square feet
2. square feet
c. Land Under
Waterbodies and
Waterways
1. square feet
2. square feet
3. cubic yards dredged
Resource Area Size of Proposed Alteration Proposed Replacement (if any)
d. Bordering Land
Subject to Flooding
1. square feet
2. square feet
3. cubic feet of flood storage lost
4. cubic feet replaced
e. Isolated Land
Subject to Flooding
1. square feet
2. cubic feet of flood storage lost
3. cubic feet replaced
f. Riverfront Area
1. Name of Waterway (if available) - specify coastal or inland
2. Width of Riverfront Area (check one):
25 ft. - Designated Densely Developed Areas only
100 ft. - New agricultural projects only
200 ft. - All other projects
3. Total area of Riverfront Area on the site of the proposed project:
square feet
4. Proposed alteration of the Riverfront Area:
a. total square feet
b. square feet within 100 ft.
c. square feet between 100 ft. and 200 ft.
5. Has an alternatives analysis been done and is it attached to this NOI? Yes No
6. Was the lot where the activity is proposed created prior to August 1, 1996? Yes No
3. Coastal Resource Areas: (See 310 CMR 10.25-10.35)
Note: for coastal riverfront areas, please complete Section B.2.f. above.
wpaform3.doc • rev. 12/4/2023 Page 4 of 9
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
City/Town
B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d)
Check all that apply below. Attach narrative and supporting documentation describing how the
project will meet all performance standards for each of the resource areas altered, including
standards requiring consideration of alternative project design or location.
Online Users:
Include your
document
transaction
number
(provided on
your receipt
page) with all
supplementary
information you
submit to the
Department.
Resource Area Size of Proposed Alteration Proposed Replacement (if any)
a. Designated Port Areas Indicate size under Land Under the Ocean, below
b.Land Under the Ocean 1. square feet
2. cubic yards dredged
c.Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below
d.Coastal Beaches 1. square feet 2. cubic yards beach nourishment
e.Coastal Dunes 1. square feet 2. cubic yards dune nourishment
Size of Proposed Alteration Proposed Replacement (if any)
f.Coastal Banks 1. linear feet
g.Rocky Intertidal
Shores 1. square feet
h. Salt Marshes 1. square feet 2. sq ft restoration, rehab., creation
i.Land Under Salt
Ponds 1. square feet
2. cubic yards dredged
j. Land Containing
Shellfish 1. square feet
k.Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
above
1. cubic yards dredged
l.Land Subject to
Coastal Storm Flowage 1. square feet
4. Restoration/Enhancement
If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the
square footage that has been entered in Section B.2.b or B.3.h above, please enter the additional
amount here.
a. square feet of BVW b. square feet of Salt Marsh
5. Project Involves Stream Crossings
a. number of new stream crossings b. number of replacement stream crossings
wpaform3.doc • rev. 12/4/2023 Page 5 of 9
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
City/Town
C. Other Applicable Standards and Requirements
This is a proposal for an Ecological Restoration Limited Project. Skip Section C and
complete Appendix A: Ecological Restoration Limited Project Checklists – Required Actions
(310 CMR 10.11).
Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review
1.Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on
the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural
Heritage and Endangered Species Program (NHESP)? To view habitat maps, see the Massachusetts
Natural Heritage Atlas or go to http://maps.massgis.state.ma.us/PRI_EST_HAB/viewer.htm.
a. Yes No If yes, include proof of mailing or hand delivery of NOI to:
Natural Heritage and Endangered Species Program
Division of Fisheries and Wildlife
1 Rabbit Hill Road
Westborough, MA 01581 b. Date of map
If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321
CMR 10.18). To qualify for a streamlined, 30-day, MESA/Wetlands Protection Act review, please
complete Section C.1.c, and include requested materials with this Notice of Intent (NOI); OR complete
Section C.2.f, if applicable. If MESA supplemental information is not included with the NOI, by
completing Section 1 of this form, the NHESP will require a separate MESA filing which may take up
to 90 days to review (unless noted exceptions in Section 2 apply, see below).
c.Submit Supplemental Information for Endangered Species Review∗
1. Percentage/acreage of property to be altered:
(a)within wetland Resource Area percentage/acreage
(b)outside Resource Area percentage/acreage
2. Assessor’s Map or right-of-way plan of site
2. Project plans for entire project site, including wetland resource areas and areas outside of
wetlands jurisdiction, showing existing and proposed conditions, existing and proposed
tree/vegetation clearing line, and clearly demarcated limits of work ∗∗
(a) Project description (including description of impacts outside of wetland resource area &
buffer zone)
(b)Photographs representative of the site
∗ Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review (see https://www.mass.gov/ma-
endangered-species-act-mesa-regulatory-review).
Priority Habitat includes habitat for state-listed plants and strictly upland species not protected by the Wetlands Protection Act.
∗∗ MESA projects may not be segmented (321 CMR 10.16). The applicant must disclose full development plans even if such plans are
not required as part of the Notice of Intent process.
wpaform3.doc • rev. 12/4/2023 Page 6 of 9
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
City/Town
C. Other Applicable Standards and Requirements (cont’d)
(c) MESA filing fee (fee information available at https://www.mass.gov/how-to/how-to-file-for-
a-mesa-project-review).
Make check payable to “Commonwealth of Massachusetts - NHESP” and mail to NHESP at
above address
Projects altering 10 or more acres of land, also submit:
(d) Vegetation cover type map of site
(e) Project plans showing Priority & Estimated Habitat boundaries
(f) OR Check One of the Following
1. Project is exempt from MESA review.
Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14,
https://www.mass.gov/service-details/exemptions-from-review-for-projectsactivities-in-
priority-habitat; the NOI must still be sent to NHESP if the project is within estimated
habitat pursuant to 310 CMR 10.37 and 10.59.)
2. Separate MESA review ongoing.
a. NHESP Tracking #
b. Date submitted to NHESP
3. Separate MESA review completed.
Include copy of NHESP “no Take” determination or valid Conservation & Management
Permit with approved plan.
3. For coastal projects only, is any portion of the proposed project located below the mean high water
line or in a fish run?
a. Not applicable – project is in inland resource area only b. Yes No
If yes, include proof of mailing, hand delivery, or electronic delivery of NOI to either:
South Shore - Bourne to Rhode Island border, and
the Cape & Islands:
Division of Marine Fisheries -
Southeast Marine Fisheries Station
Attn: Environmental Reviewer
836 South Rodney French Blvd.
New Bedford, MA 02744
Email: dmf.envreview-south@mass.gov
North Shore - Plymouth to New Hampshire border:
Division of Marine Fisheries -
North Shore Office
Attn: Environmental Reviewer
30 Emerson Avenue
Gloucester, MA 01930
Email: dmf.envreview-north@mass.gov
Also if yes, the project may require a Chapter 91 license. For coastal towns in the Northeast Region,
please contact MassDEP’s Boston Office. For coastal towns in the Southeast Region, please contact
MassDEP’s Southeast Regional Office.
c. Is this an aquaculture project? d. Yes No
If yes, include a copy of the Division of Marine Fisheries Certification Letter (M.G.L. c. 130, § 57).
wpaform3.doc • rev. 12/4/2023 Page 7 of 9
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
City/Town
C. Other Applicable Standards and Requirements (cont’d)
Online Users:
Include your
document
transaction
number
(provided on
your receipt
page) with all
supplementary
information you
submit to the
Department.
4.Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)?
a. Yes No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP
Website for ACEC locations). Note: electronic filers click on Website.
b. ACEC
5.Is any portion of the proposed project within an area designated as an Outstanding Resource Water
(ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00?
a. Yes No
6.Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands
Restriction Act (M.G.L. c. 131, § 40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § 105)?
a. Yes No
7.Is this project subject to provisions of the MassDEP Stormwater Management Standards?
a. Yes. Attach a copy of the Stormwater Report as required by the Stormwater Management
Standards per 310 CMR 10.05(6)(k)-(q) and check if:
1. Applying for Low Impact Development (LID) site design credits (as described in
Stormwater Management Handbook Vol. 2, Chapter 3)
2. A portion of the site constitutes redevelopment
3. Proprietary BMPs are included in the Stormwater Management System.
b. No. Check why the project is exempt:
1.
2.
Single-family house-
Emergency road repair
3. Small Residential Subdivision (less than or equal to 4 single-family houses or less than
or equal to 4 units in multi-family housing project) with no discharge to Critical Areas.
D. Additional Information
This is a proposal for an Ecological Restoration Limited Project. Skip Section D and complete
Appendix A: Ecological Restoration Notice of Intent – Minimum Required Documents (310 CMR
10.12).
Applicants must include the following with this Notice of Intent (NOI). See instructions for details.
Online Users: Attach the document transaction number (provided on your receipt page) for any of the
following information you submit to the Department.
1.USGS or other map of the area (along with a narrative description, if necessary) containing
sufficient information for the Conservation Commission and the Department to locate the site.
(Electronic filers may omit this item.)
2.Plans identifying the location of proposed activities (including activities proposed to serve as a
Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to
the boundaries of each affected resource area.
amenity requiring ch 91 license
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
City/Town
D. Additional Information (cont’d)
3.
4.
Identify the method for BVW and other resource area boundary delineations (MassDEP BVW
Field Data Form(s), Determination of Applicability, Order of Resource Area Delineation,
etc.), and attach documentation of the methodology.
List the titles and dates for all plans and other materials submitted with this NOI.
a. Plan Title
b. Prepared By c. Signed and Stamped by
d. Final Revision Date e. Scale
f. Additional Plan or Document Title g. Date
5. If there is more than one property owner, please attach a list of these property owners not
listed on this form.
6. Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed.
7.Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed.
8.Attach NOI Wetland Fee Transmittal Form
9.Attach Stormwater Report, if needed.
E. Fees
1. Fee Exempt: No filing fee shall be assessed for projects of any city, town, county, or district
of the Commonwealth, federally recognized Indian tribe housing authority, municipal housing
authority, or the Massachusetts Bay Transportation Authority.
Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee
Transmittal Form) to confirm fee payment:
2. Municipal Check Number 3. Check date
4. State Check Number 5. Check date
6. Payor name on check: First Name 7. Payor name on check: Last Name
Salt Marsh Only
1
Project Description
The Site is an irregularly shaped lot of ±3.4 7 acres running between Eel River Road on the
east and the waters of South Bay on the west. Based on Town records, it was developed
with the current single-family dwelling, on-site septic system and landscape amenities in
1981. The current pier was authorized in 2014 under SE3-5195. A wide mowed path
meanders from the house to the shore and is used for access to the beach, bay, and pier as
well as for hauling the applicant's sailboat. The site also includes an ungrouted stone groin
of unknown age.
Resource Areas at the site include: Land Under the Ocean and Containing Shellfish;
Intertidal and Supratidal Beach; Salt Marsh; Coastal Bank adjacent to the shore which is
lower than the 100-year flood and, therefore, non-jurisdictional; Brackish Wetland and
Land Subject to Flooding up to elevation 14’ NAVD in the VE Zone along the shore and
elevation 13’ NAVD in the adjacent AE Zone. The site is not mapped as habitat for any listed
plant or animal by MNHESP. MDEM Coastal Restrictions Maps show an unrestricted beach.
None of the other wetland resources at the site are restricted
The Project- involves replacement, reconstruction and lengthening of the existing pile
supported pier with a new pile supported pier extending ± 53’ beyond MLW, adding a 26’
aluminum ramp and 8’ x 25’ float for a total length beyond MLW, of 100’. The bent spacing
will be increased from 8’ to 14.5’ on average. A kayak rack will be located at the seaward
end of the walkway.
A Waiver Request- is necessary for the length of the pier, The proposal is for a structure
which will extend 100’ beyond MLW, the maximum length allowed under the Commission’s
Regulations. The property is ±70’, wide at the MHW line which would allow a pier of 35’
beyond MLW. As discussed below, despite the increased length, impacts of the proposed
pier are not substantially different than those of the existing pier.
Randon Pier
117 Eel River Road
Osterville
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Regulatory Compliance- is provided, with the single exception of the pier length. In
accordance with requirements of Regulation 703-4, the following design criteria are met.
A)- There is an existing dwelling on the site.
B)- The dwelling has an occupancy permit.
C)- No creosote treated wood will be used. Only piles and support members of greater
than 3” will be CCA treated
D)- Lighting will conform to the Commission's standard guidelines.
E)- Lateral access will be provided in accordance with the requirements of 310CMR 09.
F)- Signage will be provided as required by the project Order of Conditions
G)- Seasonal Components will be stored off-site.
H)- The proposed float, at 8’ x 25’, is 200 sqft. in area and is sited where water depths
are in excess of 12” (between 30” and 36” at MLW).
I)- Plank separation will be a minimum of ¾” and grated or slotted decking will be used
over any salt marsh.
J)-
1. As noted, a waiver is required for length.
2. The pier end will be over 900’ away from the West Bay Channel based on recent
plans for the proposed channel dredging.
3. The pier is the minimum length necessary to allow for a motorized vessel and
does not exceed the maximum allowable length of 100’ beyond MLW
4. West Bay is not linear waterway.
K)- The pier will not obstruct recreational use of the waterway, as it does not extend into
the adjacent mooring field.
L)- The pier is sited close to the center of the property.
M)- The area is mapped as high value for shellfish habitat although, as discussed in
more detail below, assessments extending over 12 years consistently show very low
population densities and indicate little natural recruitment for commercially
valuable species. Water depths increase consistently between the proposed float
and the adjacent channel. A new boat has not been selected for the site at this time.
N)- The site is not an ACEC.
O)- The pier will not interfere with sailboat operations. The applicant currently uses the
dock for a small sailboat
P)- The dock is proposed to be lengthened and, consequently, regulatory compliance is
being demonstrated.
Q)- No boat lifts are proposed
R)- No dredging is proposed.
3
Impacts- deemed by the Commission as ,likely to results from pier construction and use
are listed at 703-1 of the Commission's regulation. They include; turbidity, sediment
resuspension, propeller impacts to aquatic (but not to marine) vegetation, interference
with shellfish harvesting, and interference with recreational access for fishing and fowling.
Each of these, as well as navigational access and shellfish impacts are addressed in more
detail below.
Shellfish Impacts- resulting from the project are believed to be minimal. Because the bent
separation is being significantly increased and the ramp is being significantly lengthened,
the number of piles in land containing shellfish will be reduced from the existing condition.
No posts will be located in Land Containing Shellfish. The bottom displacement for the
proposed pier is ±12.56 within Land Containing Shellfish vs ±11.99 sqft for the existing pier,
an increase of ±0.57. Consequently, there will be no statistically significant habitat loss
under the proposed design.
Two shellfish studies have been undertaken specifically for this project. The first was done
in October 2025 through January 2023 by Pamela Neubert, PhD for Megalodon
Environmental LLC (Exh. F). A follow-up study was done by Paul Caruso of Coastal
Resources in August 2024 (Exh.G) The Megalodon study included an area of ± 300’x130’
and included the piers to the north and south of the site as well as the Randon pier. This is
an area deemed suitable for soft- and hard-shell clam habitat by MDMF. There are no
marine grass beds in the area nor in all West Bay. Megalodon found a total of 93 quahogs
and 3 soft-shelled clams in only 54 of the 450 test holes they examined. That is , there were
shellfish found in only 12 % of the sample plots. The average density of clams was .22
animals per square foot. Sediments were predominately sand with some small areas of
black silt in the deeper waters. Overall, Dr. Neubert found shellfish abundance to be
relatively low and not impacted by the presence of existing piers. Tunicates were not
observed on existing pier pilings or on bottom.
Paul Caruso’s follow-up survey ( Exh.G) found similarly low population densities of
hardshell clams, with no seed. He found no softshell clams at all. These results were also
similar to the inventory by then Town Shellfish Biologist Tom Marcotti in 2014 prior to the
installation of the Madden’s existing pier (Exh.I) on the lost to the north and to David Ryan’s
assessment of December 2020 at the pier at 105 Eel River Road, an abutting to the south of
the Randon site (Exh.H), Thus, population densities and distributions for soft and hard shell
clams in the area seem to have fairly consistent- and low- for least the last 12 years.
4
We would note both Dr. Neubert and Mr. Caruso found abundant ribbed mussels at the salt
marsh edges and evidence of abundant blue crabs. Mr. Caruso also inspected existing pier
piles and surrounding bottom for evidence of tunnicates. He found none, even on the
existing pier floats. He did find sea lettuce and some sponges on the floats and where
water depths were 2.5’ MLW. Where the bottom was silt covered there was an infestation of
Gracilaria .
It is important to note that the Town uses the study area as part of their “put and take”
program, seeding the area with adult sized shellfish, especially prior to holidays, so that
recreational shell fishermen and tourist can be assured of a successful harvesting
experience from artificially placed stock (Exh K & L). This may, at least partially, explain why
the multitude of shellfish studies in the area found few mature animals and little to no
natural recruitment. The native stock, despite what might otherwise appear to be
reasonable bottom conditions, is all but non-existent.
Sedimentology and Turbidity- issues were also examined. Two core sample, one in the area
of the proposed Randon float and one at ta similar distance from shore at the northerly
abutting property were taken and sieved (Exh.N). They show the berthing area to be
dominated by medium to fine sands. These results are not dissimilar to sediments at 621
Old Post Road, Cotuit, where the Commission initially denied, under SE3-4030, the
berthing of an inboard motorboat with twin 350 hp engines and draft of 42” where the
bottom depth was 50”. After DEP allowed the project on appeal, and while a court appeal
of the decision under the Town Ordinance was pending, a negotiated settlement was
developed. That settlement, under SE3- 4585, allowed the boat to berth at the site for up to
three years with follow- up bathymetric surveys and sediment testing in each year to
determine if the boat use was causing significant adverse changes warranting removal of
the boat. No significant changes were found, and the owner was allowed to continue
berthing the boat at the site. This area is now mapped as a “10” for shellfish habitat value,
an indication that the boat and pier are having no significant impact.
As part of the proceedings over the Rogers pier at 621 Old Post Road, the Commission was
provided with several studies ( Exh. O) related to small boat induced turbidity impacts and
turbidity impacts on shellfish. The Commission had previously requested a technical
review of one of those, the study by Gucinski, related to potential impacts of a proposed
pier in Isham’s Pond where sediments are significantly finer than at either the Rogers or
Randon sites. Dr. Lee Weishar concluded that a boat travelling at a no wake speed of up to
3 knots, such as one being properly operated when approaching or leaving a dock, where
sediments were similar to or finer than those at the Randon property would create no
significant turbidity impacts.
5
Dr. Weishar also opined that the amount of turbidity resulting from motorboat use under
these conditions would not have significant impacts on benthic organisms. It is important
to remember that clams, in particular, have evolved to be able to deal with turbidity
induced impacts of tides and occasional storm events. Consequently, small occasional
turbidity from boat travelling at no wake speeds where sediments are predominately sandy
should not be expected to result in significant, adverse impacts to shellfish (Crawford,
“Annotated Bibliography: Literature Relating to the Hard Clam and the Use of Small-boat
Docks in Shallow Water”, June 2004).
The pier at 105 Eel River Road abutting the site to the south, showed , based on surveys in
the files of the Commission, no propeller dredging several years after Hinkley jet drive boat
began to be berthed there which provided only 8” between the keel line and bottom at
MLW.
Harvesting shellfish- has been found by the Massachusetts Appellate Court in three recent
decisions (JMS Holdings, Martin, & McParland v Barnstable) not to be impeded by docks
which are designed similarly to the Randon proposal in terms of height and width. A
photograph attached as Exh O shows a gentleman shell fishing at a similar designed pier
off the southeasterly shore of Oyster Harbors. We would note that the water in this section
of the bay is seasonally closed due to boat density. In the off season,when the area is open
to shellfishing, the removal of the ramp and float will allow for essentially the same
harvestable area as exist currently.
Navigation- has been found by the Court ( Faffard v Barnstable) to be the exclusive province
of the Massachusetts Division of Waterways. However, we would note that recreational
pedestrian access along the shore for fishing or shell fishing will be provided by
compliance with the Ch.91 Regulation as noted above. The dwellings in the area are too
close together to allow for fowling. The proposed float will be ± 100’ from the nearest
licensed mooring. There is a Town mooring field between the proposed pier and the West
Bay Channel, which impacts general free navigation, especially for sail boats. Further,
because both the ramp and float will be removed in the off season, the obstruction
presented by the fixed portion of the proposed pier is hardly different than that of the pier
existing at the site since 2014 under authorization of the Commission.
In summary, it is our professional opinion that the prosed pier design is not significantly
different in overall resource impacts than the existing pier which has not, in and of itself,
based on studies attached here, resulted in significant adverse resource impacts.
noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 1 of 2
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
NOI Wetland Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Important: When
filling out forms
on the computer,
use only the tab
key to move your
cursor - do not
use the return
key.
A.Applicant Information
1.Location of Project:
a. Street Address b. City/Town
c. Check number d. Fee amount
2.Applicant Mailing Address:
a. First Name b. Last Name
c. Organization
d. Mailing Address
e. City/Town f. State g. Zip Code
h. Phone Number i. Fax Number j. Email Address
3.Property Owner (if different):
a. First Name b. Last Name
c. Organization
d. Mailing Address
e. City/Town f. State g. Zip Code
h. Phone Number i. Fax Number j. Email Address
To calculate
filing fees, refer
to the category
fee list and
examples in the
instructions for
filling out WPA
Form 3 (Notice of
Intent).
B.Fees
Fee should be calculated using the following process & worksheet. Please see Instructions before
filling out worksheet.
Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone.
Step 2/Number of Activities: Identify the number of each type of activity.
Step 3/Individual Activity Fee: Identify each activity fee from the six project categories listed in the instructions.
Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2) times the fee per category
(identified in Step 3) to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in
addition to another Resource Area or the Buffer Zone, the fee per activity should be multiplied by 1.5 and then
added to the subtotal amount.
Step 5/Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4.
Step 6/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract $12.50. To
calculate the city/town share of the fee, divide the total fee in half and add $12.50.
noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 2 of 2
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
NOI Wetland Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Fees (continued)
Step 1/Type of Activity Step 2/Number
of Activities
Step
3/Individual
Activity Fee
Step 4/Subtotal Activity
Fee
Step 5/Total Project Fee:
Step 6/Fee Payments:
Total Project Fee: a. Total Fee from Step 5
State share of filing Fee: b. 1/2 Total Fee less $12.50
City/Town share of filling Fee: c. 1/2 Total Fee plus $12.50
C. Submittal Requirements
a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to
the Commonwealth of Massachusetts.
Department of Environmental Protection
Box 4062
Boston, MA 02211
b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent; a copy of
this form; and the city/town fee payment.
To MassDEP Regional Office (see Instructions): Send a copy of the Notice of Intent or Abbreviated Notice of
Intent; a copy of this form; and a copy of the state fee payment. (E-filers of Notices of Intent may submit these
electronically.)
Local Fee CAT 5
$2.50 x151=
$377.50
LIST OF EXHIBITS Randon Pier Extension
117 Eel River Road
Osterville
A. USGS Locus Map
B. MDEM Coastal Wetlands Restriction Map
C. FEMA Flood Map
D. Estimated Habitat Map
E. Project Plans
F. Megalodon Shellfish Study
G. Cape Coastal Resources Shellfish Study
H. Ryan Shellfish Study
I. Marcotti Shellfish memo re: Staudt Pier / 95 Eel River Rd.
J. Town Shellfish Map
K. Barnstable Natural Resources “Recreational Shellfishing Frequently Asked
Questions”
L. Email relative to seeding
M. Kenney Vs Natural Resources Department of Dennis SJC Remand
N. Sediment Analysis
O. List of Boat Turbidity Studies
P. Weishar Turbidity Impact Memo
Q. Photo Showing Shellfishing Under a Pier
R. Ch. 91 Lic # 13903 and plans for Existing Pier
S. Assessor’s Map
T. Abutter List
U. Abutter Notice
V. Proof of Service
W. Access Permission Forms