HomeMy WebLinkAboutDMF Letter NOI Channel Point Road 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
May 1, 2026
Barnstable Conservation Commission
367 Main Street,
Hyannis MA 02602
Dear Commissioners:
The Massachusetts Division of Marine Fisheries (MA DMF) has reviewed the Notice of Intent
(NOI) by Channel Point Road LLC to replace an existing concrete seawall with a vinyl bulkhead and
extend the structure approximately 20 feet at 107 Channel Point Road in the Town of Hyannis.
The proposed vinyl bulkhead along the southerly property line will be placed within the existing
footprint of the concrete seawall. The proposed vinyl bulkhead around the lighthouse building is
proposed 6’ from the existing wall. The entire proposed bulkhead is located above mean high
water but the limit of work could extend seaward of the mean high water line. The project was
reviewed with respect to potential impacts to marine fisheries resources and habitat.
The project site lies within mapped shellfish habitat for American oyster (Crassostrea virginica),
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.
The project site lies within a horseshoe crab (Limulus polyphemus) spawning area and the species
has been recorded nesting nearby at Kalmus Beach. 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 [1].
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, regrading, and mobilizing of heavy machinery - could bury
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and/or crush spawning adult crabs and nests. No beach construction activity should take
place at mean high water or seaward from May 1 – July 31 of any year [4].
• MA DMF recommends that all staging and storage of construction equipment and
material be located on the upland side of the project site.
• Construction equipment (e.g., excavator, delivery/dump truck) should be staged upland of
intertidal habitat to minimize impacts and avoid compaction of sediment in mapped
shellfish habitat.
• 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:
John O’Dea, Sullivan Engineering & Consulting INC
John Logan, Kara Falvey, Alicia Hecht, Holly Williams, Matt Camisa, MA DMF
Amy Croteau, Barnstable Shellfish Constable
Patrice Bordonaro, CZM
AD/kf/ah
References:
1. 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
2. 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
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