HomeMy WebLinkAbout134 South Bay Road Shellfish Survey 1
TO: Conservation Commission
FROM: Natural Resources, Town of Barnstable
DATE: April 24, 2023
RE: APPLICATION: Modification of existing pier converting from seasonal to
permanent
APPLICANT: JMS Holdings LLC
280 Summer Street, 6th Floor
Boston, MA 02210
LOCATION: 134 South Bay Road
Osterville, MA 02655
REPRESENTATIVE: Alene M. Wilson
A.M. Wilson Associates, Inc.
20 Rascally Rabbit Road, Unit 3
Marstons Mills, MA 02648
SHELLFISH SURVEY RESULTS: A shellfish survey was conducted on March 30, 2023 from
1:30P.M.-2:45P.M. by Elizabeth Lewis and Ben Sacco of Natural Resources. Low tide occurred
at 2:21P.M. (height +1.6ft.). Harvest was done by steamer rake on dry plots (0-40ft.) and by
lined basket rake and by hand for subtidal plots. 36 sample plots (1 sq. ft.) were examined for
substrate type and shellfish. Intertidal plots were dug to a depth of 12 inches. The plots were
located at transect intervals of ten feet along the centerline of the pier and out to the float
(Transect B). Two more transects were drawn with plots again at intervals of ten feet, each plot
10 feet on either side of the center line as depicted below.
Town of Barnstable
Marine and Environmental Affairs Department
1189 Phinney’s Lane, Centerville, MA 02632
Derek Lawson, Director
508-790-6273 / Fax 508-790-6275
www.townofbarnstable.us
Animal Control 508-790-6274 Natural Resources 508-790-6272
Harbormaster 508-790-6273 Sandy Neck 508-790-6272
Marinas 508-790-6273 Sandy Neck Gatehouse 508 -362-8300
Moorings 508-790-6273
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Shore 10ft 10ft
Pier
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20
30
40
50
120
Transect: C B A
From 0-70 feet, the sediment consisted of larger grain sand, highly suitable for softshell clams,
starting at 30 feet from the beginning of the pier. The bottom slightly changed at around 80 feet
where the sediment began to get a little darker. At 110 feet the sand started to have worms and
slightly more organic material and at 120 feet there was fine grain sand and mud mixed in. The
water depth at the end of the pier located by the float was 3.0 ft on a +1.6ft. tide. We only began
to feel the effects of where the pier was jetted out at about 100 feet, but otherwise there was no
evidence of holes from posts as is the case with many areas with large grain sand bottoms.
The survey revealed a rich band of softshell clams (Mya arenaria) throughout the intertidal zone
and about 20 feet into the subtidal. The area also holds a significant amount of healthy quahogs
(Mercenaria mercenaria) ranging in size from less than a half inch to over 3 inches. This
indicates a healthy population from multiple year classes. The 30 1ft² sample plots contained 35
quahogs and 29 softshell clams. This is considered a productive area by Division of Marine
Fisheries standards (310 CMR 10.35(1-7)).
ADDITIONAL COMMENTS:
The proposed pier project is located in SC22.0 and is classified as “Approved” by Massachusetts
Division of Marine Fisheries. It is in the open status for shellfishing. The shellfish habitat was
rated a 9 by the Natural Resources 2011 Working Group; one person found the area not
significant and no participants were not familiar with the area. More significantly, this area is
located within the West bay Shellfish Relay Area (West) which is an area designated for the
protection of shellfish and shellfish habitat. Changing a pier from seasonal to permanent is still
altering the habitat from its current state which is protected.
310 CMR 10.34(3(b)) states the following:
10ft.
East West
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“Land containing shellfish shall be found significant to the protection of land containing
shellfish and to the protection of marine fisheries when it has been identified and mapped
as follows: by the conservation commission or the Department, based upon maps and
written documentation of the shellfish constable or the Department. In making such
identification and maps the following factors shall be taken into account and documented:
the density of shellfish, the size of the area and the historical and current importance of
the area to recreational or commercial shellfishing”.
Here it shows the land or habitat is just as important as the shellfish since it is the “land”
containing the shellfish and both recreational and commercial shellfishing need to be considered,
as deemed by the Massachusetts Division of Marine Fisheries.
The access to this area is through South Bay Road where parking is available. From there, it is a
short walk to the site. The information in the NOI is incorrect in that access is from Bridge Street
or by boat. This area is frequented by recreational shellfishers and by commercial shellfishers
both with and without boats. Not all commercial shellfishers have boats and this is one area that
has access to back up a truck at the landing and walk your catch in. This information is
misrepresented in the NOI and this type of determination of people shellfishing an area should be
quantified by Natural Resources that has the data and information and not by consultants.
Ms. Wilson states there is “no recovery” of habitat from a seasonal pier unless the owner
abandons the pier. If this was the case, we would still find holes from pilings, we would not find
shellfish within the footprint, and we would not find any year classes past the original installation
of the pier. You also can’t have it both ways to suit the situation; on the one hand, piers have no
impact – that is stated right in the filing of the NOI, but here she is stating that the area doesn’t
recover from a pier. It is my professional opinion that jetting posts has a negative short-term
effect on the habitat, but the larger issue is the habitat and space that the pilings and posts take up
from a pier and the changes in water flow and sedimentation as the tides and waves move around
posts and pilings.
If we are worried about spat being able to settle in turbidity, we too should be worried about
water running into posts pushing that spat around and the larvae having to keep swimming
because they cannot settle where there is wood in the ground. Additionally, there is turbidity
every time a boat motor is turned on. If we are honestly concerned about turbidity that happens
twice a year, we should also be concerned about boating activity. Considering there is 3 feet of
water at the end of the pier on a +1.6 tide, on an average low, there is only about a 1.4 feet of
water below that motor in a highly rated habitat. That draft will be stirring up the bottom on even
an average low tide.
Due to the abundance of shellfish found in the survey, the highly rated habitat, and that the pier
is located within a protected relay area, this proposed project of turning a seasonal pier into a
permanent one cannot be supported by Natural Resources. It is not in the best interest of the
shellfishery.
Sincerely,
Elizabeth A. Lewis, Shellfish Biologist
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