TOWN OF CHATHAM
Waterways Advisory Committee
Thursday, May 14, 2009 – 4 pm
Permit Office, George Ryder Road
Present: Ed Conway, Bob Hamblet, Stephen King, Tom King, Tim Linnell, Don St. Pierre, Peter Taylor, Dave Davis
Absent: None
Others: Ted Keon, Director of Coastal Resources; Stuart Smith, Harbormaster
Dianne Kelley, stenographer; Charles Sabat, attorney; Keith Lincoln of Rip Rider Tours
The meeting was called to order at 4:00 pm
Item 1: Minutes of the April 13, 2009 meeting
A vote on the minutes of the April 13, 2009 meeting was postponed until the next meeting
Item 2: Morris Island Cut Dredging
Dave Davis asked about the status of dredging in the Morris Island Cut and that the Waterways Advisory Committee had not been consulted about recent proposals for dredging in that area. Ted Keon explained that the Board of Selectmen had asked for information relative to the recently completed RFP process about the potential costs of permitting. This was done to refine the actual costs and help assess the possibility of private residents of that area funding the dredging permitting process. Ted Keon indicated that the Board has also requested an overall review of the town’s dredging program in order to assess funding priorities. Bob Hamblet noted that dredging in this area is important, but added that the committee has not felt it was a priority as shoaling in the Morris Island Cut channel has
stabilized. Ed Conway and Ted Keon said that recent indications are that the channel has become more shallow. Ted Keon suggested that the committee should have another discussion about dredging priorities prior to the next discussion by the Board of Selectmen. This will be on the agenda for the next Waterways Advisory Committee meeting.
Item 3: Correspondence
Ed Conway reported receipt of a letter regarding the non-renewal of a mooring permit from Mr. Black. He noted that the Board of Selectman is seeking relief for some mooring permit holders. This will be discussed later in the meeting.
Item 4: Special Use Permit for Seal Watching Tours from Ryder’s Cove
Don St. Pierre and Bob Hamblet recused themselves from this discussion.
Ted Keon explained that the Board of Selectmen had asked for an opinion from the Waterways Advisory Committee regarding the request for a special use permit by Keith Lincoln to operate boat tours from the Ryder’s Cove Town Landing. He explained that there are currently several small-tackle fly-fishing charters and the Beachcomber Tours operating from Ryder’s Cove. The Waterways Advisory Committee is not required to review this request, but has been asked to do so by the Board of Selectmen.
Ted Keon indicated that the application for a special use permit includes:
- Mooring permit
- Off-site parking plan (passengers to be brought to the site from Stage Harbor Marine via shuttle bus.
- Approval from the Community Development office
- Coast Guard certification will be obtained once the vessel has been completed
Chuck Sabat, attorney for Mr. Lincoln, presented information about the applicant:
Mr. Lincoln has been operating the Monomoy Island Ferry in Chatham for 20 years. He holds a 50-ton vessel license. During the 20 years of operation, Mr. Lincoln has never received a citation for any water-related issues. The impetus for his move to Ryder’s Cove is the decreasing channel depth in the Morris Island Cut and recurring weather issues on Nantucket Sound.
Mr. Sabat provided information about the proposed tours:
- The vessel will be a 31-foot, pontoon boat
- It will be approved by the U. S. Coast Guard upon completion
- It holds 40 passengers and 2 crew
- It will operate with a 200-hp engine
- It will have four ways to load and off-load, including a bow ramp which will allow for beach access if access to a pier or float is not available.
- The pontoons will prevent any bottom damage from the prop.
- The tours will operate on a 3-month schedule, 7 days/week and a 9-month schedule on demand (special tours and school groups)
- The schedule will be planned so that it will not interfere with the Beachcomber schedule.
- There will be 4 trips each day; 8 dock contacts for drop-off and pick-up of passengers
- The shuttle bus is 32 feet long, seats 28 people seated plus 15 standing, and has a short wheelbase for easy turning.
- It is estimated that each pick-up/drop-off will take ten minutes
- Keith Lincoln has $1 million insurance binder, and has filed a business plan and parking plan with the Board of Selectmen
- The Harbormaster has reviewed and approved of this application
Discussion:
There was concern expressed about congestion at the Ryder’s Cove Landing. Peter Taylor asked about the Town Landing Officer position, held by Bob Walsh. Ted Keon indicated that this position has been eliminated due to budget constraints. Mr. Walsh will be serving as Town Landing Officer only until the end of the fiscal year (June 30).
Peter Taylor expressed concern about congestion at the landing, especially without the presence of Bob Walsh.
Tom King asked about the draw of the boat. Keith Lincoln explained that it draws 18 inches and therefore cannot function in the Southway.
Peter Taylor asked if any consideration had been given to operating the tours from the Chatham Fish Pier. Keith Lincoln responded that other tours are also operating from the fish pier and added that he has a mooring in Ryder’s Cove which would allow him to tie up temporarily if there was no access to the pier or floats; this would not be possible at the Fish Pier.
Chuck Sabat asked if the congestion posed any threat to safety. Ed Conway indicated that most of the safety concerns were on land, i.e., there are safety issues when traffic congestion prevents the shuttle from getting to the ramp and the passengers are discharged near Route 28. He added that the intersection at Route 28 is very dangerous as well.
Chuck Sabat asked about the jurisdiction of the Waterways Advisory Committee. Ed Conway indicated that the committee functions in an advisory capacity to the Board of Selectmen and has no legal/regulatory jurisdiction.
Ed Conway noted another issue is of concern: that the refusal to grant a permit for use of the town landing may be unlawful as it would create a monopoly situation for the Beachcomber which is already operating tours from this location. Ted Keon indicated that he has spoken with the Town Attorney about this and it is a legitimate concern.
Keith Lincoln noted that the Beachcomber is operating from two locations: Ryder’s Cove and the Fish Pier
Tim Linnell asked if consideration had been given to tours from Round Cove. Keith Lincoln explained that the inlet there is very small, adding that he has been operating tours from Chatham for twenty years and hopes to continue to do so.
Bob Walsh described the Ryder’s Cove Town Landing as being extraordinarily busy on good days. In response to a question from Peter Taylor, Bob Walsh added that the trolley and boaters both have the right to use the landing. He said that the soon-to-be-installed longer floats should alleviate some of the on-water congestion, making it easier to load and unload passengers and commercial catches.
Keith Lincoln noted that if the floats are congested, he will be able to load and unload on the beach with the bow ladder, except at extreme low tides.
Stuart Smith said that Keith Lincoln runs a good operation and his boat is within the size limitations of the regulations. He indicated that he has talked to Keith Lincoln and believes that he should be given the opportunity to try to operate from Ryder’s Cove. He also cited concerns about creating a monopoly if the application is denied.
Chuck Sabat asked if the Committee would be willing to make a recommendation that a permit be issued with a one-year review provision.
Tom King asked about consideration of alternative locations such as Cotchpinicut, Scatteree , or other landings. There was brief discussion of alternative landings but each presented problems related to access and shoaling. In discussing the use of Stage Harbor, Keith Lincoln indicated that weather problems on the south side are an issue which make the east and north side of town more feasible for regular tour operations.
There was additional discussion of trip schedules. Bob Walsh indicated that the Beachcomber is able to load and unload in about ten minutes. They use off-site bathroom facilities and have passenger life jackets ready.
Stephen King asked about the possibility of operating only five days a week. Keith Lincoln said this would not be feasible, adding that the Beachcomber has unlimited use of the town landing while he is asking for only four trips each day. He suggested that the Beachcomber could streamline its operation by operating only from the Fish Pier.
Chuck Sabat encouraged the committee to find a way to regulate all town landing users fairly.
Dave Davis made the following motion, seconded by Peter Taylor: That the Waterways Advisory Committee recommends to the Board of Selectmen that, because of congestion at Ryder’s Cove, the application of Rip Rider, not be approved.
The motion passed by a vote of 3 to 2.
Item 6: Speed Limit in Pleasant Bay
In response to earlier requests by Mr. Fogelman, Stuart Smith indicated that he will be moving the speed limit buoy in Pleasant Bay. Mr. Smith will write to Mr. Fogelman explaining the change.
Item 7: New Mooring Area in Chatham Harbor
Peter Taylor asked about the new mooring area and how the waiting list was being developed. Stuart Smith indicated that seven people have been identified for moorings in this area, but the moorings will not be allowed until after the channel is dredged in June. Peter Taylor asked if consideration had been given to people on the waiting list for moorings in Aunt Lydia’s Cove. Stuart Smith said that he will look at that list and consider the circumstances of those on the waiting list for Aunt Lydia’s Cove. The use of a lottery was suggested.
Peter Taylor expressed concern that there was not public awareness that a new list was being developed for the new Chatham Harbor moorings. Stuart Smith indicated that there will be another meeting of the Aunt Lydia’s Cove Committee soon and they will discuss this issue.
Item 8: Mooring Permit Grace Period
Ed Conway reported that the Board of Selectmen has asked for additional consideration of this subject. It was noted that a change in the Mooring Regulations to permit an amnesty period will require a public hearing.
Mr. Black indicated that there was new information about mooring permit holders. The following information was presented:
- 43 mooring holders did not respond to the mailing
- 9 were refused because of the 2-year rule
- Of the remaining 34, 16 responded to phone calls; 18 did not respond
- 5 have surrendered their moorings
- 11 wanted to keep their moorings, some of these were at the recent meeting of the Board of Selectmen
Bob Hamblet indicated that in earlier discussions problems had been anticipated. Because the loss of a mooring is a “life sentence,” he said he had no problem granting a one-time, one-year amnesty of the mooring regulations. Don St. Pierre expressed agreement with this position.
Stuart Smith distributed information describing our mooring permit process and that of several other Cape towns. Data included:
- 94.5% renewed moorings (2,445)
- 133 did not renew
- 268 were late and paid the late fee
- 88 chose not to renew
- 45 – unknown, despite the February courtesy reminder
Ed Conway stated that fairness is important; Stuart Smith indicated that previous mooring regulations provided some latitude in dealing with late permit issues.
Tom King made the following motion, seconded by Bob Hamblet: That the Waterways Advisory Committee recommend to the Board of Selectmen a change to the mooring regulations to allow a one-time amnesty period for mooring renewals in 2009.
Tim Linnell asked about the public hearing requirements. Stuart Smith indicated that he would place the notifications in the newspaper and notified those affected via certified mail.
Vote: The motion was approved by a vote of 7 in favor, 1 opposed.
Item 9: Other Business
Peter Taylor asked about the fuel concession at the fish pier and how prices are controlled. Stuart Smith indicated that the lease requires compliance with the Boston Board Price and that prices can change daily. He noted that the lease is up for re-bid soon and said he would check on pricing practices at the fish pier.
Adjournment: There being no other business, the meeting was adjourned at 5:55 p.m.
Notes by Marie Williams
NEXT MEETING: Thursday, June 18, 2009 at 4:00 pm. Permit Office.
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